Common use of Composition of the Panel Clause in Contracts

Composition of the Panel. ‌ 1. The Secretariat shall, upon entry into force of the Agreement, establish and maintain an indicative list or roster of individuals who are willing and able to serve as Panellists.‌ 2. Each State Party may annually nominate two (2) individuals to the Secretariat for the inclusion in the indicative list or roster, indicating their area (s) of expertise related to the Agreement. The indicative list or roster of individuals shall be submitted by the Secretariat for consideration and approval by the DSB.‌ 3. Individuals listed on the indicative list or roster shall:‌ (a) have expertise or experience in law, international trade, other matters covered by the Agreement or the resolution of disputes arising under international trade agreements;‌ (b) be chosen strictly on the basis of objectivity, reliability and sound judgment;‌ (c) be impartial, independent of, and not be affiliated to or take instructions from, any Party; and‌ (d) comply with a code of conduct to be developed by the DSB and adopted by Council of Ministers.‌ 4. The Panellists shall be selected with a view to ensuring their independence and integrity and shall have a sufficiently diverse background and a wide spectrum of experience in the subject matter of the dispute, unless the Parties to the dispute agree otherwise.‌ 5. In order to ensure and preserve the impartiality and independence of the Panellists, nationals of the disputing State Parties shall not serve on a Panel concerned with that dispute, unless the Parties to the dispute agree otherwise.‌ 6. The Secretariat, shall propose nominations for the Panel to the Parties to the dispute. The Parties to the dispute shall not oppose nominations except for compelling reasons.‌ 7. If no agreement is reached on the composition of a Panel within thirty (30) days after the date of the establishment of a Panel, at the request of either Party, the Head of the Secretariat, in consultation with the Chairperson of the DSB and with the consent of the disputing State Parties, shall determine the composition of the Panel by appointing the Panellists considered to be most appropriate.‌ 8. The Chairperson of the DSB shall inform the State Parties of the composition of the Panel no later than ten (10) days after the date the Chairperson receives such a request.‌ 9. Where there are two (2) disputing State Parties, the Panel shall comprise three (3) members. Where there are more than two (2) disputing State Parties, the Panel shall comprise five (5) members.‌ 10. Panellists shall serve in their individual capacities and not as Government representatives, nor as representatives of any organisation.‌ 11. Panellists shall not receive instructions or be influenced by any State Party when considering matters before them.‌

Composition of the Panel. ‌ 1. The Secretariat shall, upon entry into force of the Agreement, establish and maintain an indicative list or roster of individuals who are willing and able to serve as Panellists.‌Panellists. 2. Each State Party may annually nominate two (2) individuals to the Secretariat for the inclusion in the indicative list or roster, indicating their area (s) of expertise related to the Agreement. The indicative list or roster of individuals shall be submitted by the Secretariat for consideration and approval by the DSB.‌DSB. 3. Individuals listed on the indicative list or roster shall:‌shall: (a) have expertise or experience in law, international trade, other matters covered by the Agreement or the resolution of disputes arising under international trade agreements;‌agreements; (b) be chosen strictly on the basis of objectivity, reliability and sound judgment;‌judgment; (c) be impartial, independent of, and not be affiliated to or take instructions from, any Party; and‌and (d) comply with a code of conduct to be developed by the DSB and adopted by Council of Ministers.‌Ministers. 4. The Panellists shall be selected with a view to ensuring their independence and integrity and shall have a sufficiently diverse background and a wide spectrum of experience in the subject matter of the dispute, unless the Parties to the dispute agree otherwise.‌otherwise. 5. In order to ensure and preserve the impartiality and independence of the Panellists, nationals of the disputing State Parties shall not serve on a Panel concerned with that dispute, unless the Parties to the dispute agree otherwise.‌otherwise. 6. The Secretariat, shall propose nominations for the Panel to the Parties to the dispute. The Parties to the dispute shall not oppose nominations except for compelling reasons.‌reasons. 7. If no agreement is reached on the composition of a Panel within thirty (30) days after the date of the establishment of a Panel, at the request of either Party, the Head of the Secretariat, in consultation with the Chairperson of the DSB and with the consent of the disputing State Parties, shall determine the composition of the Panel by appointing the Panellists considered to be most appropriate.‌appropriate. 8. The Chairperson of the DSB shall inform the State Parties of the composition of the Panel no later than ten (10) days after the date the Chairperson receives such a request.‌request. 9. Where there are two (2) disputing State Parties, the Panel shall comprise three (3) members. Where there are more than two (2) disputing State Parties, the Panel shall comprise five (5) members.‌members. 10. Panellists shall serve in their individual capacities and not as Government representatives, nor as representatives of any organisation.‌organisation. 11. Panellists shall not receive instructions or be influenced by any State Party when considering matters before them.‌them.