Common use of Request for an Arbitral Panel Clause in Contracts

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) 30 days of the Commission convening pursuant to Article 8322.5; (b) 75 days after receipt of the a Party has delivered a request for consultations under Article 8222.4, if the Commission has not convened pursuant to Article 8322.5(4); (c) 30 days after receipt of the a Party has delivered a request for consultations under Article 82 22.4 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 8322.5(4); 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 or other matter 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 delivery 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. 3. Notwithstanding paragraphs 1 and 2, an arbitral panel may not be established to review a proposed measure.