Functions of Arbitral Tribunals. 1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with this Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of this Agreement, it shall recommend that the Party in default bring the measure into conformity with that provision.
Functions of Arbitral Tribunals. 1. An arbitral tribunal shall make an objective assessment of the matter before it, including an objective assessment of:
Functions of Arbitral Tribunals. 1. An arbitral tribunal established under Article 1804:
Functions of Arbitral Tribunals. 1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with the Framework Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of the Framework Agreement, it shall recommend that the party complained against bring the measure into conformity with that provision. In addition to its recommendations, the arbitral tribunal may suggest ways in which the party complained against could implement the recommendations. In its findings and recommendations, the arbitral tribunal cannot add to or diminish the rights and obligations provided in the Framework Agreement.
Functions of Arbitral Tribunals. 1. The arbitral tribunal established pursuant to Article 64:
Functions of Arbitral Tribunals. 1. The arbitral tribunal established pursuant to Article 119: (a) should consult with the Parties as appropriate andprovide adequate opportunities for the developmentof a mutually satisfactory resolution; (b) shall make its award in accordance with this Agreement and applicable rules of international law; (c) shall set out, in its award, its findings of law andfact, together with the reasons therefor; and (d) may, apart from giving its findings, include in itsaward suggested implementation options for theParties to consider in conjunction with Article 123. 2. The arbitral tribunal may seek, from the Parties, suchrelevant information as it considers necessary and appropriate. The Parties shall respond promptly and fully to any request bythe arbitral tribunal for such information. 3. The arbitral tribunal may seek information from anyrelevant source and may consult experts to obtain their opinion on certain aspects of the matter. With respect to factual issues concerning a scientific or other technical matter raised by a Party, the arbitral tribunal may request advisory reportsin writing from experts. The arbitral tribunal may, at the request of a Party or on its own initiative, select, inconsultation with the Parties, no fewer than two scientific ortechnical experts who shall assist the arbitral tribunalthroughout its proceedings, but who shall not have the right to vote in respect of any decision to be made by the arbitraltribunal, including its award.
Functions of Arbitral Tribunals. The arbitral tribunal established in accordance with Article 19.6:
Functions of Arbitral Tribunals. An arbitral tribunal shall make an objective assessment of the matter before it, including an objective assessment of: the facts of the case; the applicability of the provisions of this Agreement cited by the Parties to the dispute; and whether the Responding Party has failed to carry out its obligations under this Agreement. An arbitral tribunal shall have the following terms of reference unless the Parties to the dispute agree otherwise within 20 days from the date of the establishment of an arbitral tribunal: “To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for establishment of an arbitral tribunal made pursuant to Article 8 (Request for Establishment of Arbitral Tribunals), and to make such findings and if applicable, suggestions provided for in this Agreement.” The arbitral tribunal shall make its findings in accordance with this Agreement. The arbitral tribunal shall set out in its report: a descriptive section summarising the arguments of the Parties to the dispute and Third Parties; its findings on the facts of the case and on the applicability of the provisions of this Agreement; its findings on whether the Responding Party has failed to carry out its obligations under this Agreement; and its reasons for its findings in Subparagraphs (b) and (c). In addition to Paragraph 3, an arbitral tribunal may include in its report any other findings jointly requested by the Parties to the dispute. The arbitral tribunal may suggest ways in which the Responding Party could implement the findings. Unless the Parties to the dispute otherwise agree, an arbitral tribunal shall base its report solely on the relevant provisions of this Agreement and the submissions and arguments of the Parties to the dispute. An arbitral tribunal shall only make the findings and suggestions provided for in this Agreement. The interests of Third Parties and those of other Parties shall be fully taken into account during the arbitral tribunal proceedings. Third Parties’ submissions shall be reflected in the report of the arbitral tribunal. The findings and suggestions of the arbitral tribunal cannot add to or diminish the rights and obligations provided in this Agreement or any other international agreement. The arbitral tribunal shall consult regularly the Parties to the dispute and provide adequate opportunities for the development of a mutually satisfactory solution to the dispute. An arbitral tribunal re-convened under t...
Functions of Arbitral Tribunals. The interim report shall be provided at least four weeks before the deadline for completion of the final report. The arbitral tribunal shall accord adequate opportunity to the Parties to the dispute to review the entirety of its interim report prior to its finalisation and shall include a discussion of any comments made by the Parties to the dispute in its final report. The interim and final report of the arbitral tribunal shall be drafted without the presence of the Parties to the dispute. Opinions expressed in the report of the arbitral tribunal by its individual members shall be anonymous. The arbitral tribunal shall provide its final report to all other Parties seven days after the report is presented to the Parties to the dispute, and at any time thereafter a Party to the dispute may make the report publicly available subject to the protection of any confidential information contained in the report.
Functions of Arbitral Tribunals. The interim report shall be provided at least four weeks before the deadline for completion of the final report. The arbitral tribunal shall accord adequate opportunity to the Parties to the dispute to review the entirety of its interim report prior to its finalisation and shall include a discussion of any comments made by the Parties to the dispute in its final report. The interim report and final report of the arbitral tribunal shall be drafted without the presence of the Parties to the dispute. Opinions expressed in the reports of the arbitral tribunal by its individual members shall be anonymous.
