Common use of Scientific and Technical Expertise Clause in Contracts

Scientific and Technical Expertise. a. On request of a disputing Contracting Party or, unless the disputing Contracting Parties disapprove, on its own initiative, the tribunal may request a written report of a scientific or technical review board, or expert, on any factual issue concerning environmental, health, safety or other scientific or technical matters raised by a disputing Contracting Party in a proceeding, subject to such terms and conditions as such Parties may agree. b. The board, or expert, shall be selected by the tribunal from among highly qualified, independent experts in the scientific or technical matters, after consultations with the disputing Parties and the scientific or technical bodies identified by those Parties. c. The disputing Contracting Parties shall be provided: i. advance notice of, and an opportunity to provide comments to the tribunal on the proposed factual issues to be referred to the board, or expert; and ii. a copy of the board’s, or expert’s, report and an opportunity to provide comments on the report to the tribunal. d. The tribunal shall take the report and any comments by the disputing Contracting Parties on the report into account in the preparation of its award.

Scientific and Technical Expertise. a. On request of a disputing Contracting Party or, unless the disputing Contracting Parties disapprove, on its own initiative, the tribunal may request a written report of a scientific or technical review board, or expert, on any factual issue concerning environmental, health, safety or other scientific or technical matters raised by a disputing Contracting Party in a proceeding, subject to such terms and conditions as such Parties may agree. b. The board, or expert, shall be selected by the tribunal from among highly qualified, independent experts in the scientific or technical matters, after consultations with the disputing Parties and the scientific or technical bodies identified by those Parties. c. The disputing Contracting Parties shall be provided: i. advance notice of, and an opportunity to provide comments to the tribunal on on, the proposed factual issues to be referred to the board, or expert; and ii. a copy of the board’s, or expert’s, report and an opportunity to provide comments on the report to the tribunal. d. The tribunal shall take the report and any comments by the disputing Contracting Parties on the report into account in the preparation of its award.

Scientific and Technical Expertise. a. On request of a disputing Contracting Party or, unless the disputing Contracting Parties disapprove, on its own initiative, the tribunal may request a written report of a scientific or technical review board, or expert, on any factual issue concerning environmental, health, safety or other scientific or technical matters raised by a disputing Contracting Party in a proceeding, subject to such terms and conditions as such Parties may agree. b. The board, or expert, shall be selected by the tribunal from among highly qualified, independent experts in the scientific or technical matters, after consultations with the disputing Parties and the scientific or technical bodies identified by those Parties. c. The disputing Contracting Parties shall be provided: i. advance notice of, and an opportunity to provide comments to the tribunal on on, the proposed factual issues to be referred to the board, or expert; and ii. a copy of the board’sboard‟s, or expert’sexpert‟s, report and an opportunity to provide comments on the report to the tribunal. d. The tribunal shall take the report and any comments by the disputing Contracting Parties on the report into account in the preparation of its award.

Scientific and Technical Expertise. a. On request of a disputing Contracting Party or, unless the disputing Contracting Parties disapprove, on its own initiative, the tribunal may request a written report of a scientific or technical review board, or expert, on any factual issue concerning environmental, health, safety or other scientific or technical matters raised by a disputing Contracting Party in a proceeding, subject to such terms and conditions as such Parties may agree. b. The board, or expert, shall be selected by the tribunal from among highly qualified, independent experts in the scientific or technical matters, after consultations with the disputing Parties and the scientific or technical bodies identified by those Parties. c. The disputing Contracting Parties shall be provided: i. advance notice of, and an opportunity to provide comments to the tribunal on the proposed factual issues to be referred to the board, or expert; and ii. a copy of the board’sboard‟s, or expert’sexpert‟s, report and an opportunity to provide comments on the report to the tribunal. d. The tribunal shall take the report and any comments by the disputing Contracting Parties on the report into account in the preparation of its award.