Request for an Arbitral Panel. 1. If the consulting Parties fail to resolve a matter within:
(a) 30 days after the Commission has convened pursuant to Article 21.5;
(b) 30 days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 21.5.5;
1 For purposes of this paragraph and paragraph 4, the Commission shall consist of the cabinet-level representatives of the consulting Parties, as set out in Annex 20.1 (The Free Trade Commission), or their designees.
2 For purposes of this paragraph, the Commission shall consist of the cabinet-level representatives of the consulting Parties in the relevant proceedings, as set out in Annex 20.1 (The Free Trade Commission), or their designees.
(c) 30 days after a Party has delivered a request for consultations under Article 21.4 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 21.5.4;
(d) 75 days after a Party has delivered a request for consultations under Article 21.4, if the Commission has not convened pursuant to Article 21.5.4; or
(e) such other period as the consulting Parties may agree, any consulting Party that participated at a meeting of the Commission or requested a meeting of the Commission, if the Commission has not convened, may request in writing the establishment of an arbitral panel to consider the matter. The requesting Party shall deliver the request to the other Parties, and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the complaint.
2. An arbitral panel shall be established upon delivery of a request.
3. A Party that is eligible under paragraph 1 to request the establishment of a panel and considers it has a substantial interest in the matter may join the arbitral panel proceedings as a complaining Party on delivery of written notice to the other Parties. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of the request by the Party for the establishment of a panel.
4. If a Party does not join as a complaining Party in accordance with paragraph 3, it normally shall refrain thereafter from initiating or continuing:
(a) a dispute settlement procedure under this Agreement; or
(b) a dispute settlement proceeding under the WTO Agreement or under another free trade agreement to which it and the Party complained against a...
Request for an Arbitral Panel. 1. If the Parties fail to resolve a matter within:
(a) 30 days of the Commission convening pursuant to Article 83;
(b) 75 days after receipt of the request for consultations under Article 82, if the Commission has not convened pursuant to Article 83;
(c) 30 days after receipt of the request for consultations under Article 82 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 83; or
(d) such other period as the Parties agree, either Party may request in writing the establishment of an arbitral panel to consider the matter. The requesting Party shall state in the request the measure complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to the other Party. An arbitral panel shall be established upon receipt of a request.
2. Unless the Parties otherwise agree, the arbitral panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter.
Request for an Arbitral Panel. 1. If the Parties fail to resolve a matter within:
(a) 60 days after receipt of the request for consultations under Article 59;
(b) 30 days after receipt of the request for consultations under Article 59 in a matter regarding perishable goods; or
(c) such other period as the Parties agree, either Party may request in writing the establishment of an arbitral panel to consider the matter.
2. The requesting Party shall state in the request the measure complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to the other Party. An arbitral panel shall be established upon receipt of a request.
Request for an Arbitral Panel. 1. A Party may request in writing for the establishment of an arbitral panel if the matter has not been resolved pursuant to Article 15.4 (Consultations), within sixty (60) days after the date of receipt of the request for consultations.
2. A request for arbitration shall give the reason for the complaint including the identification of the measure at issue and an indication of the legal basis of the complaint.
3. Upon delivery of the request, an arbitral panel shall be established.
4. Unless otherwise agreed by the Parties, an arbitral panel shall be established and perform its functions in accordance with the provisions of this Chapter.
Request for an Arbitral Panel. 1. If the Parties fail to resolve a matter within:
(a) 30 days of the Commission convening pursuant to Article 22.5;
(b) 75 days after a Party has delivered a request for consultations under Article 22.4, if the Commission has not convened pursuant to Article 22.5(4);
(c) 30 days after a Party has delivered a request for consultations under Article
Request for an Arbitral Panel. 1. If the Commission has convened pursuant to Article N-07(4), and the matter has not been resolved within:
Request for an Arbitral Panel. If the consultations and the Committee procedures fail to settle a dispute within the timeframes established under Chapters II and III respectively of this Annex, the Party, which made the request for conusltations, may make a written request for establishment of an arbitral panel to the other Party under this Article. The request shall identify the specific measure (s) at issue and provide brief statement of the legal basis. Unless the Parties otherwise agree, the arbitral panel shall be established and perform its functions in a manner consistent with the provisions of this Annex.
Request for an Arbitral Panel. A Party may request in writing for the establishment of an arbitral panel if the matter has not been resolved pursuant to Article 15.4 (Consultations), within sixty (60) days after the date of receipt of the request for consultations.
Request for an Arbitral Panel. 1. If the Parties fail to resolve a matter within:
(a) 30 days after the Commission has convened pursuant to Article 20.5;
(b) 30 days after a Party has delivered a request for consultations under Article 20.4 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 20.5.4;
(c) 75 days after a Party has delivered a request for consultations under Article 20.4, if the Commission has not convened pursuant to Article 20.5.4; or
(d) such other period as the Parties may agree, the Party that requested a meeting of the Commission with regard to the measure or other matter in accordance with Article 20.5 may request in writing the establishment of an arbitral panel to consider the matter. The requesting Party shall deliver the request to the other Party, and shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the complaint.
2. An arbitral panel shall be established upon delivery of a request.
3. Unless otherwise agreed by the Parties, the panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter.
4. An arbitral panel may not be established to review a proposed measure.
Request for an Arbitral Panel. 1. If the matter has not been resolved within 60 days after the Council has convened pursuant to Article 23, the Council shall, on the written request of any consulting Party and by a two-thirds vote, convene an arbitral panel to consider the matter where the alleged persistent pattern of failure by the Party complained against to effectively enforce its environmental law relates to a situation involving workplaces, firms, companies or sectors that produce goods or provide services:
(a) traded between the territories of the Parties; or
(b) that compete, in the territory of the Party complained against, with goods or services produced or provided by persons of another Party.
2. A third Party that considers it has a substantial interest in the matter shall be entitled to join as a complaining Party on delivery of written notice of its intention to participate to the disputing Parties and the Secretariat. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of the vote of the Council to convene a panel.
3. Unless otherwise agreed by the disputing Parties, the panel shall be established and perform its functions in a manner consistent with the provisions of this Part.
