Appeal Tribunal Clause Samples
The Appeal Tribunal clause establishes a formal process for reviewing and resolving disputes or decisions that arise under the agreement. Typically, it outlines the composition of the tribunal, the procedures for submitting an appeal, and the timeline for hearings and decisions. For example, if one party disagrees with a decision made by an initial adjudicator, they may escalate the matter to the Appeal Tribunal for a final determination. This clause ensures that parties have access to a fair and structured mechanism for challenging decisions, thereby promoting transparency and due process in the resolution of contractual disputes.
Appeal Tribunal. 1. A permanent Appeal Tribunal is hereby established to hear appeals from provisional awards issued by the Tribunal.
2. The Committee shall, upon the entry into force of this Agreement, appoint six Members to the Appeal Tribunal. For the purposes of this appointment:
(a) The EU Party shall nominate two Members;
(b) Singapore shall nominate two Members; and
(c) The EU Party and Singapore shall jointly nominate two Members, who shall not be nationals of any Member State of the Union or of Singapore.
3. The Committee may decide to increase or to decrease the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2.
4. The Appeal Tribunal Members shall possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognised competence. They shall have specialised knowledge of, or expertise in, public international law. It is desirable that they have expertise, in particular, in international investment law, international trade law, or the resolution of disputes arising under international investment or international trade agreements.
5. The Appeal Tribunal Members shall be appointed for an eight-year term. However, the inaugural terms of three of the six persons appointed immediately after the entry into force of this Agreement, to be determined by lot, shall extend to twelve years. A Member's term of appointment may be renewed by decision of the Committee upon expiry. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor's term. A person who is serving on a division of the Appeal Tribunal when his or her term expires may, with the authorisation of the President of the Appeal Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal.
6. There shall be a President and Vice-President of the Appeal Tribunal who shall be responsible for organisational issues. They will be appointed for a four-year term and shall be drawn by a lot from among the Appeal Tribunal Members who have been appointed pursuant to paragraph 2(c). They shall serve on the basis of a rotation drawn by lot by the Chair of the Committee. The Vice-President shall replace the President ...
Appeal Tribunal. 1. A permanent Appeal Tribunal is hereby established to hear appeals from the awards issued by the Tribunal.
2. The […] Committee shall, upon the entry into force of this Agreement, appoint six Members to the Appeal Tribunal. Two of the Members shall be nationals of a Member State of the European Union, two shall be nationals of Chile and two shall be nationals of third countries. In appointing the Members of the Appeal Tribunal, the Committee is encouraged to consider the need to ensure diversity and a fair gender representation.
3. The Committee may decide to increase the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2.
4. The Members of the Appeal Tribunal shall possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements.
5. Members of the Appeal Tribunal shall be appointed for a five-year term. However, the terms of three of the six persons appointed immediately after the entry into force of the Agreement, to be determined by lot, shall extend to eight years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor’s term. A person who is serving on a division of the Tribunal when his or her term expires may, with the authorization of the President of the Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal.
6. The Appeal Tribunal shall have a President and Vice-President responsible for organisational issues, with the assistance of the Secretariat. The President and the Vice- President shall be selected by lot for a two-year term from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the Chair of the […] Committee. The Vice-President shall replace the President when the President is unavailable.
7. The Appeal Tribunal shall hear appeals in divisions consisting of three Membe...
Appeal Tribunal. 1. A permanent Appeal Tribunal is hereby established to hear appeals from awards issued by the Tribunal.
2. The Appeal Tribunal shall be composed of six Members, of whom two shall be nationals of a Member State of the Union, two shall be nationals of Viet Nam and two shall be nationals of third countries.
3. Pursuant to subparagraph 5(a) of Article 4.1 (Committee), the Committee shall, upon entry into force of this Agreement, appoint the six Members of the Appeal Tribunal.1
4. The Committee may decide to increase or decrease the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraphs 2 and 3.
5. The Appeal Tribunal Members shall be appointed for a four-year term, renewable once. However, the terms of three of the six persons appointed immediately after the entry into force of this Agreement, to be determined by lot, shall extend to six years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor's term.
Appeal Tribunal. A permanent Appeal Tribunal is hereby established to hear appeals from provisional awards issued by the Tribunal.
Appeal Tribunal. The Appeal Tribunal has an absolute discretion in making its decision, which is final and binding on both the Insured and the Corporation and is not subject to appeal.