Common use of Arbitration Panel Clause in Contracts

Arbitration Panel. 1. The arbitration panel shall comprise three members. 2. In the written request pursuant to Article 8.4, the Party referring the dispute to arbitration shall designate one member of the arbitration panel. 3. Within 15 days of the receipt of the request referred to in paragraph 2, the Party to which it was addressed shall designate one member of the arbitration panel. 4. The Parties to the dispute shall agree on the appointment of the third member within 30 days of the appointment of the second member. The member thus appointed shall chair the arbitration panel. 5. If all three members have not been designated or appointed within 45 days from the date of receipt of the notification referred to in paragraph 2, the necessary designations shall be made at the request of any Party to the dispute by the Director- General of the WTO within a further 30 days. Should the designation or appointment of all three members not have taken place within the 30 days, the request shall be made to the Secretary-General of the Permanent Court of Arbitration (PCA). If the Director- General of the WTO or the Secretary-General of the PCA is unable to act under this paragraph or is a national of a Party to this Agreement, the designation or appointment shall be effected by the Deputy Director-General of the WTO or the Deputy Secretary General of the PCA. 6. The Chair of the arbitration panel shall not be a national of any of the Parties, nor have his or her usual place of residence in the territory of any of the Parties, nor be employed or previously have been employed by any of the Parties, nor have dealt with the case in any capacity. 7. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s compliance with this Chapter or the Model Rules of Procedure as set out in Annex XV. If the other Party does not agree to the challenge or the challenged arbitrator does not withdraw, the decision on the challenge will be made by the Director-General of the WTO or the Secretary-General of the PCA in accordance with the procedure set out in paragraph 5. 8. If an arbitrator is unable to participate in the proceeding, dies, withdraws or is removed, a replacement shall be selected within 15 days in accordance with the selection procedure followed to appoint the original arbitrator and the succeeding arbitrator shall have all powers and duties of the original arbitrator. In such a case, the arbitration panel proceedings shall be suspended during this period. 9. The date of establishment of the arbitration panel shall be the date on which the chair is appointed.

Arbitration Panel. 1. The arbitration panel referred to in Article 9.4 shall comprise consist of three members. 2. In the written request pursuant Each Party to Article 8.4, the Party referring the dispute to arbitration shall designate appoint one member of the arbitration panel. 3. Within panel within 15 days of the receipt of the request referred to in paragraph 2, the Party to which it was addressed shall designate one member of the arbitration panelunder Article 9.4. 43. The Parties to the dispute shall agree on the appointment of the third member within 30 days of the appointment of the second member. The member thus appointed shall chair the arbitration panel. 54. If all three members have not been designated or appointed within 45 days from the date of receipt of the notification request referred to in paragraph 2Article 9.4, the necessary 2 In the following, the terms “Party to the dispute”, “complaining Party”, “Party complained against” are used regardless of whether two or more Parties are involved in a dispute. designations shall be made at the request of any Party to the dispute by the Director- General of the WTO within a further 30 days. Should Where the designation or appointment of all three members not have taken place within the 30 days, the request shall be made to the Secretary-General of the Permanent Court of Arbitration (PCA). If the Director- General members of the WTO or the Secretary-General of the PCA is unable to act under this paragraph or is a national of a Party to this Agreement, the designation or appointment shall be effected arbitration panel by the Deputy Director-General of the WTO or is not made within the Deputy Secretary General specified period, the Parties to the dispute shall within the next ten days exchange lists comprising four nominees each who shall not be nationals of either Party. The panel members shall then be appointed in the PCApresence of both Parties by lot from the lists within ten days from the date of exchange of their respective lists. If a Party fails to submit its list of four nominees, the panel members shall be appointed by lot from the list already submitted by the other Party. 65. The Chair chair of the arbitration panel shall not be a national of any of the Parties, nor have his or her usual place of residence in the territory of any of the Parties, nor be employed or previously have been employed by any of the Parties, nor have dealt with the case in any capacity. 7. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s compliance with this Chapter or the Model Rules of Procedure as set out in Annex XV6. If the other Party does not agree to the challenge or the challenged arbitrator does not withdraw, the decision on the challenge will be made by the Director-General of the WTO or the Secretary-General of the PCA in accordance with the procedure set out in paragraph 5. 8. If an arbitrator is unable to participate in the proceeding, a member dies, withdraws or is removed, a replacement shall be selected within 15 days in accordance with the selection procedure followed to appoint the original arbitrator and the succeeding arbitrator shall have all powers and duties of the original arbitratorselect him or her. In such a case, any time period applicable to the arbitration panel proceedings shall be suspended during this periodfor a period beginning on the date the member dies, withdraws or is removed and ending on the date the replacement is selected. 97. Any person appointed as a member of the arbitration panel shall have expertise or experience in law, international trade, other matters covered by this Agreement or in the resolution of disputes arising under international trade agreements. A member shall be chosen strictly on the basis of objectivity, reliability, sound judgement and independence and shall conduct himself or herself according to these characteristics throughout the course of the arbitration proceedings. If a Party believes that a member is in violation of the bases stated above, the Parties shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article, and following the procedure outlined in paragraph 6. 8. The date of establishment of the arbitration panel shall be the date on which the chair is appointed.

Arbitration Panel. Within ten (10) days after delivery of written notice (“Notice of Dispute”) of the existence and nature of any dispute given by any party to the other party, and unless otherwise provided herein in any specific instance, the parties shall each: (i) appoint one (1) lawyer actively engaged in the licensed and full-time practice of law, specializing in real estate, in the County of Los Angeles for a continuous period immediately preceding the date of delivery (“Dispute Date”) of the Notice of Dispute of not less than ten (10) years, but who has at no time ever represented or acted on behalf of any of the parties to the dispute (or their affiliates), and (ii) deliver written notice of the identity of such lawyer and a copy of his written acceptance of such appointment and acknowledgment of and agreement to be bound by the time constraints and other provisions of this Section (“Acceptance”) to the other parties hereto. The arbitration panel shall comprise three members. 2party who selects the lawyer may not consult with such lawyer, directly or indirectly, to determine the lawyer’s position on the issue which is the subject of the dispute. In the written request event that any party fails to so act, such arbitrator shall be appointed pursuant to Article 8.4the same procedure that is followed when agreement cannot be reached as to the third arbitrator. Within ten (10) days after such appointment and notice, such lawyers shall appoint a third lawyer (together with the first two (2) lawyers, the Party referring the dispute to arbitration shall designate one member “Arbitration Panel”) of the arbitration panel. 3. Within 15 days same qualification and background and shall deliver written notice of the receipt identity of such lawyer and a copy of his written Acceptance of such appointment to each of the request referred to in paragraph 2, parties. In the Party to which it was addressed shall designate one member of the arbitration panel. 4. The Parties to the dispute shall agree event that agreement cannot be reached on the appointment of a third lawyer within such period, such appointment and notification shall be made as quickly as possible by any court of competent jurisdiction, by any licensing authority, agency or organization having jurisdiction over such lawyers, by any professional association of lawyers in existence for not less than ten (10) years at the time of such dispute or disagreement and the geographical membership boundaries of which include the County of Los Angeles or by any arbitration association or organization in existence for not less than ten (10) years at the time of such dispute or disagreement and the geographical boundaries of which include the County of Los Angeles as determined by the party giving such Notice of Dispute and simultaneously confirmed in writing delivered by such party to the other party. Any such court, authority, agency, association or organization shall be entitled either to directly select such third member within 30 days lawyer or to designate in writing, delivered to each of the parties, an individual who shall do so. In the event of any subsequent vacancies or inabilities to perform among the Arbitration Panel, the lawyer or lawyers involved shall be replaced in accordance with the provisions of this Section as if such replacement was an initial appointment of to be made under this Section within the second member. The member thus appointed shall chair the arbitration panel. 5. If all three members have not been designated or appointed within 45 days time constraints set forth in this Section, measured from the date of receipt notice of the notification referred to in paragraph 2such vacancy or inability, the necessary designations shall be made at the request of any Party to the dispute by person or persons required to make such appointment, with all the Director- General attendant consequences of the WTO within a further 30 days. Should the designation or appointment of all three members not have taken place within the 30 days, the request shall be made to the Secretary-General of the Permanent Court of Arbitration (PCA). If the Director- General of the WTO or the Secretary-General of the PCA is unable failure to act under this paragraph or timely if such appointed person is a national of a Party to this Agreement, the designation or appointment shall be effected by the Deputy Director-General of the WTO or the Deputy Secretary General of the PCAparty hereto. 6. The Chair of the arbitration panel shall not be a national of any of the Parties, nor have his or her usual place of residence in the territory of any of the Parties, nor be employed or previously have been employed by any of the Parties, nor have dealt with the case in any capacity. 7. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s compliance with this Chapter or the Model Rules of Procedure as set out in Annex XV. If the other Party does not agree to the challenge or the challenged arbitrator does not withdraw, the decision on the challenge will be made by the Director-General of the WTO or the Secretary-General of the PCA in accordance with the procedure set out in paragraph 5. 8. If an arbitrator is unable to participate in the proceeding, dies, withdraws or is removed, a replacement shall be selected within 15 days in accordance with the selection procedure followed to appoint the original arbitrator and the succeeding arbitrator shall have all powers and duties of the original arbitrator. In such a case, the arbitration panel proceedings shall be suspended during this period. 9. The date of establishment of the arbitration panel shall be the date on which the chair is appointed.

Arbitration Panel. 1. The arbitration panel shall comprise three members. 2. In the written request pursuant to Article 8.4, the Party referring the dispute to arbitration shall designate one member of the arbitration panel. 3. Within 15 days of the receipt of the request referred to in paragraph 2, the Party to which it was addressed shall designate one member of the arbitration panel. 4. The Parties to the dispute shall agree on the appointment of the third member within 30 days of the appointment of the second member. The member thus appointed shall chair the arbitration panel. 5. If all three members have not been designated or appointed within 45 days from the date of receipt of the notification referred to in paragraph 2, the necessary designations shall be made at the request of any Party to the dispute by the Director- Director-General of the WTO within a further 30 days. Should the designation or appointment of all three members not have taken place within the 30 days, the request shall be made to the Secretary-General of the Permanent Court of Arbitration (PCA). If the Director- Director-General of the WTO or the Secretary-General of the PCA is unable to act under this paragraph or is a national of a Party to this Agreement, the designation or appointment shall be effected by the Deputy Director-General of the WTO or the Deputy Secretary Secretary-General of the PCA. 6. The Chair of the arbitration panel shall not be a national of any of the Parties, nor have his or her usual place of residence in the territory of any of the Parties, nor be employed or previously have been employed by any of the Parties, nor have dealt with the case in any capacity. 7. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s 's compliance with this Chapter or the Model Rules of Procedure as set out in Annex XV. If the other Party does not agree to the challenge or the challenged arbitrator does not withdraw, the decision on the challenge will be made by the Director-Director- General of the WTO or the Secretary-General of the PCA in accordance with the procedure set out in paragraph 5. 8. If an arbitrator is unable to participate in the proceeding, dies, withdraws or is removed, a replacement shall be selected within 15 days in accordance with the selection procedure followed to appoint the original arbitrator and the succeeding arbitrator shall have all powers and duties of the original arbitrator. In such a case, the arbitration panel proceedings shall be suspended during this period. 9. The date of establishment of the arbitration panel shall be the date on which the chair is appointed.