Common use of Request for Establishment of Arbitral Tribunals Clause in Contracts

Request for Establishment of Arbitral Tribunals. 1. The Complaining Party may request the establishment of an arbitral tribunal to consider a dispute arising under this Agreement if: (a) the Responding Party does not enter into consultations in accordance with paragraph 4 of Article 20.6 (Consultations); or (b) the consultations fail to resolve a dispute within: (i) 20 days after the date of receipt of the request for consultations in cases of urgency, including perishable goods; (ii) 60 days after the date of receipt of the request for consultations regarding any other matter; or (iii) such other period as the Parties may agree. 2. A request made pursuant to paragraph 1 shall identify the specific measures at issue and provide details of the factual and legal basis of the complaint (including the provisions of this Agreement to be addressed by the arbitral tribunal) sufficient to present the problem clearly. 3. The Responding Party shall immediately acknowledge receipt of the request, indicating the date on which the request was received. 4. Where a request is made pursuant to paragraph 1, an arbitral tribunal shall be established in accordance with Article 20.10 (Establishment and Reconvening of Arbitral Tribunals).

Appears in 4 contracts

Samples: Malaysia Australia Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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