Common use of Selection of the Arbitral Tribunal Clause in Contracts

Selection of the Arbitral Tribunal. 1. The arbitral tribunal shall be composed of three arbitrators. 2. Each Party, within 20 days of receiving the request for the establishment of the arbitral tribunal, shall designate an arbitrator, who may be its national, and propose up to four candidates to act as president of the arbitral tribunal. The president of the arbitral tribunal may not be a national or have his permanent residence in the territory of any of the Parties. This information will be notified in writing to the other Party. 3. If a Party does not appoint an arbitrator within the time period stipulated in paragraph 2, the arbitrator will be selected by the other Party from the indicative list of experts who may be members of WTO panels in respect of the Party that it did not designate. In the event that the candidates on that list are not available, the arbitrator will be selected from among the candidates on the indicative list of experts who may be members of WTO panels for any of the Members other than the Parties. 4. The Parties, within 20 days after the expiration of the term established in paragraph 2, shall designate by common agreement the president of the arbitral tribunal from among the candidates proposed by them. If after this period the Parties do not reach an agreement, the president will be selected from among the proposed candidates through a lottery carried out by the Director General of the WTO at the request of any of the Parties within the following 30 days . 5. If an arbitrator resigns or is otherwise unable to fulfill his function, a successor will be selected in accordance with the provisions of this Article. Any term of the procedure will be suspended, from the date on which the arbitrator resigns or is otherwise unable to fulfill his function, until the date of selection of the successor. The successor will assume the role and obligations of the original arbitrator . 6. Any Party may challenge an arbitrator or candidate in accordance with the provisions of the rules of procedure of the arbitral tribunals.

Selection of the Arbitral Tribunal. 1. The arbitral tribunal shall be composed of three arbitrators. 2. Each PartyParty shall, within 20 twenty (20) days of receiving receipt of the request for the establishment of the arbitral tribunal, shall designate an appoint one arbitrator and one alternate arbitrator, who may be its national, and shall propose up to four candidates to act as president chairman of the arbitral tribunal, from among whom one arbitrator and one alternate shall be appointed. The president chairman of the arbitral tribunal and his alternate may not be a national nationals or have his their permanent residence in the territory of any of the Parties. This information will shall be notified in writing to the other Party. 3. If a Ifa Party does not fails to appoint an arbitrator within the time period limit stipulated in paragraph 2, the arbitrator will shall be selected by the other Party, in the following order of precedence: (a) From the list of arbitrators of ACE No. 35, Twenty-first Additional Protocol, of the Party from that did not designate; (b) From the indicative list of experts who may be members of eligible for WTO panels in respect of panel membership for the Party that it did not designate. In nominate, or (c) From the event that the candidates on that list aforementioned lists of arbitrators or experts appointed by other countries, who are not available, the arbitrator will be selected from among the candidates on the indicative list of experts who may be members of WTO panels for any nationals of the Members other than the PartiesParties to this Agreement. 4. The PartiesParties shall, within 20 twenty (20) days after the expiration of the term established time limit set forth in paragraph 2, shall designate by common mutual agreement the president chairman of the arbitral tribunal from among the candidates proposed by themthe Parties and his alternate. If after upon expiration of this period the Parties do not fail to reach an agreement, the president will chairman and his alternate shall be selected from among the proposed candidates through a lottery carried out by lot by the Director General of the WTO at the request of any of the Parties within thirty (30) days thereafter from among the following 30 days candidates proposed by them. 5. If In the event of death, resignation, challenge or inability of an arbitrator resigns to perform his or her duties, his or her alternate shall take over. If the alternate is otherwise unable to fulfill assume his functionor her function for the same reasons, a successor will shall be selected in accordance with the provisions of this Article. Any term The time limits of the procedure will proceedings shall be suspended, suspended from the date on which of death, resignation, challenge or inability of the arbitrator resigns or is otherwise unable to fulfill assume his functionfunctions, until the date of selection of the successor. The successor will shall assume the role functions and obligations duties of the original arbitrator appointed arbitrator. 6. Any Party may challenge an arbitrator or a candidate in accordance with the provisions of the rules of procedure of arbitral tribunals. The time limits of the arbitral tribunalsproceedings shall be suspended pending requests for clarification and challenges.

Selection of the Arbitral Tribunal. 1. The arbitral tribunal shall be composed consist of three (3) arbitrators. 2. Each PartyParty shall, within 20 twenty (20) days after receipt of receiving the request for the establishment of the arbitral tribunal, shall designate an arbitrator, who may be its national, appoint one arbitrator and one alternate arbitrator and propose up to four three (3) candidates to act serve as president the presiding arbitrator of the arbitral tribunal. The president chairman of the arbitral tribunal may not be a national or have his or her permanent residence in the territory of any of Party, nor be or have been employed by any Party, unless otherwise agreed by the Parties. This information will shall be notified in writing to the other Party. 3. If a Party does not fails to appoint an its arbitrator within the time period stipulated specified in paragraph 2, the arbitrator will shall be selected appointed by the other Party from in accordance with the indicative list Rules of experts who may be members of WTO panels Procedure set out in respect of the Party that it did not designate. In the event that the candidates on that list are not available, the arbitrator will be selected from among the candidates on the indicative list of experts who may be members of WTO panels for any of the Members other than the PartiesAnnex 17.1. 4. The Parties shall make every effort to appoint by mutual agreement the chairman of the arbitral tribunal, from among the candidates proposed by the Parties, within 20 twenty (20) days after the expiration of the term established period provided for in paragraph 2, shall designate by common agreement . If the president Parties are unable to agree on the chairman of the arbitral tribunal from among within the candidates proposed above-mentioned period, the chairman and his alternate shall be appointed by them. If after this period lot by the Parties do not reach an agreement, in accordance with the president will be selected from among the proposed candidates through a lottery carried out by the Director General Rules of the WTO at the request of any of the Parties within the following 30 days Procedure. 5. If In the event of the death, resignation or inability of an arbitrator resigns to perform his or her duties, his or her alternate shall take over. If the alternate is otherwise unable to fulfill assume his functionor her function for the same reasons, a successor will shall be selected in accordance with the provisions of this Article. Any term The time limits of the procedure will proceedings shall be suspended, from the date on which of death, resignation or inability of the arbitrator resigns or is otherwise unable to fulfill assume his functionfunctions, until the date of selection of the successor. The successor will shall assume the role functions and obligations duties of the original arbitrator appointed arbitrator. 6. Any Party may challenge an arbitrator or a candidate as provided in the Rules of Procedure. 7. The members of the arbitral tribunal, by accepting appointment, shall undertake in writing to act in accordance with the provisions of this Chapter, the rules Rules of procedure of the arbitral tribunalsProcedure and this Agreement.