Common use of Composition of an Arbitral Tribunal Clause in Contracts

Composition of an Arbitral Tribunal. 1. An arbitral tribunal shall comprise 3 members. 2. Within 15 days after the establishment of a tribunal, both Parties shall designate one member of that arbitral tribunal respectively. 3. The Parties shall designate by common agreement the appointment of the third arbitrator within 30 days after the establishment of a tribunal. The arbitrator thus appointed shall chair the arbitral tribunal. 4. If any member of the arbitral tribunal has not been designated or appointed within 30 days after the establishment of a tribunal, either Party may request that the Director-General of the WTO designate a member within 30 days of that request. 5. All arbitrators shall: (a) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements; (b) be chosen strictly on the basis of objectivity, reliability, and sound judgement; (c) be independent of, and not be affiliated with or take instructions from, either Party; and (d) comply with the WTO Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes. 1 2 6. The chair of the arbitral tribunal shall: (a) not be a national of either Party; (b) not have his or her usual place of residence in the territory of either Party; and (c) not have dealt with the matter in any capacity. 7. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended during the appointment of the successor arbitrator.