Request for Panel Clause Samples
Request for Panel. 1. Where the matter in question has not been resolved to the satisfaction of the Initiating Party, that Party may make a written request to the Secretariat to establish a Panel. No request to establish a Panel may be made sooner than one hundred twenty (120) days after the Initiating Party delivered a request for consultations to the Replying Party pursuant to Article 12.3(1).
2. A request to establish a Panel shall:
(a) specify the actual or proposed measure complained of;
(b) list the relevant provisions of this Agreement;
(c) provide a brief summary of the complaint;
(d) explain how the measure has impaired or would impair trade between the Parties; and
(e) identify the actual or potential injury or denial of benefit caused by the actual or proposed measure.
3. The Panel shall be established in accordance with Article 12.5 and shall be composed of three members unless the Disputing Parties agree to a Panel composed of one member.
Request for Panel. 1. Where the matter in dispute has not been resolved to the satisfaction of the disputing Parties within 120 days of delivery of a request made pursuant to Article 1702(1), or within such other time as the disputing Parties may agree, a disputing Party may make a written request to the Secretariat, with a copy to the Committee, for the establishment of a panel. With respect to a dispute arising under ▇▇▇▇▇ 608.3, a request may not be made after 2 years from the date of a request made pursuant to Article 1702(1) without the consent of the Party whose measure is in question.
2. The request for the establishment of a panel shall:
(a) specify the actual or proposed measure complained of;
(b) list the relevant provisions of this Agreement;
(c) provide a brief summary of the complaint;
(d) explain how the measure has impaired or would impair internal trade; and
(e) identify the actual or potential injury or denial of benefit caused by the actual or proposed measure.
3. The panel shall be established in accordance with Article 1704 and shall be composed of three members unless the disputing Parties agree to a panel composed of one member.
4. Where a complaining Party requests the establishment of a panel on behalf of a person, the complaining Party shall, at the beginning of the panel hearing, demonstrate to the satisfaction of the panel that it has a substantial and direct connection with that person, within the meaning of paragraph 5, 6 or 7. If the complaining Party fails to do so, the panel shall immediately dismiss the complaint for lack of standing.
5. Where the complaining Party is a Province, it shall be deemed to have a substantial and direct connection with a person if:
(a) the person resides or carries on business in the Province;
(b) the person has suffered an economic injury or denial of benefit; and
(c) the consequences of that economic injury or denial of benefit are being felt in the Province.
6. With respect to disputes arising out of Chapter Seven, a Party shall also be deemed to have a substantial and direct connection with a person if the person holds an occupational or professional certificate from that Party and the person has suffered an economic injury or denial of benefit.
7. Where the complaining Party is the Federal Government, it shall be deemed to have a substantial and direct connection with a person if the person has suffered an economic injury or denial of benefit as a result of being treated inconsistently with this Agreement by r...
Request for Panel. Within twenty (20) days after receiving the Request for Arbitration, the Arbitration Administrator or designated representative shall obtain a list of at least five (5) [seven (7)] neutral arbitrators, meeting the qualifications set forth in the Arbitration Agreement, from which to select the Arbitrator. The Arbitration Administrator shall provide to the prospective arbitrators copies of the Arbitration Agreement, these Rules and all RFAs and Responses thereto.
Request for Panel. 1. Subject to Article 1712(7), where the matter in dispute has not been resolved to the satisfaction of the person and Party complained against within 120 days of delivery of a request made pursuant to Article 1713(1), or within such other time as the person and Party complained against may agree, the person or Party complained against may make a written request to the Secretariat, with a copy to the Committee, for the establishment of a panel.
2. The request for the establishment of the panel shall be delivered to the Secretariat and the person or Party complained against, as applicable, and shall:
(a) specify the actual measure complained of;
(b) list the relevant provisions of this Agreement;
(c) provide a brief summary of the complaint;
(d) explain how the measure has impaired internal trade; and
(e) identify the injury or denial of benefit caused by the measure.
3. The panel shall be established in accordance with Article 1715 and shall be composed of three members unless the person and Party complained against agree to a panel composed of one member.