Common use of Establishment of a Panel Clause in Contracts

Establishment of a Panel. 1. A panel shall be composed of three panellists. 2. Within 10 days of the date of receipt by the Party complained against of the written request for the establishment of a panel, the Parties shall consult with a view to agree on the composition of the panel. 3. If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2, each Party shall appoint a panellist from the sub-list of that Party established under Article X.6 (Lists of Panellists) within five days from the expiry of the time period established in paragraph 2. If a Party does not appoint a panellist from its sub-list within that time period, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the panellist. 4. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under Article X.6 (Lists of Panellists). The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the chairperson of the panel. 5. The date of establishment of the panel shall be the date on which all three selected panellists have notified their acceptance of appointment according to ▇▇▇▇▇ [X] (Rules of Procedure). 6. If any of the lists provided for in Article X.6 (Lists of Panellists) have not been established or do not contain sufficient names at the time a request is made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed by one Party or both Parties in accordance with Annex [X] (Rules of Procedure).

Establishment of a Panel. ‌ 1. A panel Each Party will maintain a list of at least five individuals that meet the criteria set out in Schedule 3 to act as panellists. If a Party fails to maintain a list, the other Parties’ lists of panellists shall be composed of three panellistsexclusively used. 2. Within 10 days of If consultations under Article 25 have failed to resolve the date of receipt by the Party complained against of the written matter, any consulting party individually, or two or more consulting parties collectively, may request for the establishment of a panel, panel to consider the Parties shall consult with matter by delivering a view request therefor to agree on the composition of the paneladministrator. 3. If no request to establish a panel has been made within two years after the Parties do not agree on date the composition request for consultations was delivered, the proceeding is automatically terminated. 4. In order for a person to access the panel process established under this Article, the person must acknowledge, in writing, its consent and provide a financial deposit in accordance with Schedule 4. The panel may require the provision of further deposits at its discretion. Failure to provide any such financial deposits shall result in automatic termination of the panel within the time period provided for in proceedings. 5. Where a request has been delivered under paragraph 2, within 15 days of delivery of the request the responding Party and the complainant shall each select one panellist. No Party shall appoint select from its own list and no person shall select from its Party’s list. If a disputant fails to select a panellist within 15 days, the administrator shall select a panellist by lot from the applicable lists on that disputant’s behalf. 6. Within ten days of their appointment, the two panellists shall choose, by consensus, a panellist from the sub-list of that any Party established under Article X.6 (Lists of Panellists) within five days from to chair the expiry of the time period established in paragraph 2. If a Party does not appoint a panellist from its sub-list within that time period, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the panellist. 4proceedings. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2two panellists are unable to agree, the co-they shall choose a chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under Article X.6 (Lists of Panellists). The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the chairperson of the panel. 5. The date of establishment of the panel shall be the date on which all three selected panellists have notified their acceptance of appointment according to ▇▇▇▇▇ [X] (Rules of Procedure). 6. If any of the lists provided for in Article X.6 (Lists of Panellists) have not been established or do not contain sufficient names at the time a request is made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed lists of the Parties. 7. As an alternative to the panel selection process under paragraphs 5 and 6, the disputants may, by one Party or both Parties agreement and within 15 days of the commencement of the selection process under paragraph 5, choose a single panellist to consider the matter. For greater certainty, the selected panellist need not be chosen from the lists established under paragraph 1. 8. All panellists selected must be independent and impartial in the matter under dispute and otherwise comply with the code of conduct. Any alleged violations of the code of conduct shall be dealt with in accordance with Annex [X] (Rules the procedures provided in the code of Procedure)conduct. 9. If for any reason a panellist is removed or is unable to further participate in a proceeding, a replacement panellist shall be appointed using the same process that was used to appoint the original panellist.

Establishment of a Panel. ‌ 1. A panel Prior to the entry into force of this Agreement, each Party will establish and maintain a list of at least five individuals to act as panellists. If a Party fails to establish or maintain a list, the other Parties’ roster of panellists shall be composed of three panellistsexclusively used. 2. If consultations under Article 25 have failed to resolve the matter, any consulting party individually, or two or more consulting parties collectively, may request the establishment of a panel to consider the matter. Such request shall be made in writing to any other consulting party, with a copy to the administrator, the other Parties and the Ministerial Committee. 3. In order to access the panel process established under this Article, a person must acknowledge, in writing, its consent thereto. Such consent shall be in a form agreed to among the Parties and shall be included with the request made under paragraph 2. 4. If more than one administrator has been designated, the administrator located within the territory of the responding Party will administer the dispute. 5. Where a request has been delivered under paragraph 2, within 15 days of delivery of the request the responding Party shall select a panellist and the complainant shall select a panellist. No Party shall select from its own list and no person shall select from its Party’s list. If a disputant fails to select a panellist within 15 days, the administrator shall select a panellist by lot from the applicable lists on that disputant’s behalf. 6. Within 10 days of the date of receipt by the Party complained against of the written request for the establishment of a paneltheir appointment, the Parties two panellists shall consult with a view to agree on the composition of the panel. 3. If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2choose, each Party shall appoint by consensus, a panellist from the sub-list of that any Party established under Article X.6 (Lists of Panellists) within five days from to chair the expiry of the time period established in paragraph 2. If a Party does not appoint a panellist from its sub-list within that time period, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the panellist. 4proceedings. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2two panellists are unable to agree, the co-they shall choose a chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under Article X.6 (Lists of Panellists). The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the chairperson of the panel. 5. The date of establishment of the panel shall be the date on which all three selected panellists have notified their acceptance of appointment according to ▇▇▇▇▇ [X] (Rules of Procedure). 6. If any of the lists provided for in Article X.6 (Lists of Panellists) have not been established or do not contain sufficient names at the time a request is made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed lists of the Parties. 7. As an alternative to the panel selection process under paragraphs 5 and 6, the disputants may, by one Party or both agreement and within 15 days of the commencement of the selection process under paragraph 5, choose a single panellist to consider the matter. 8. All panellists selected must be independent and impartial in the matter under dispute and otherwise comply with the code of conduct established by the Parties under Article 34(3). 9. At any time prior to the issuance of a final report, if a disputant believes that a panellist is in violation of the code of conduct it shall immediately advise the other disputant in writing, with a copy to the administrator and to the other Parties. The Parties shall immediately consult on the issue and, if they agree, the panellist shall be removed and a replacement panellist immediately selected in accordance with Annex [X] (Rules of Procedure)the procedures set out in this Article.

Establishment of a Panel. 1. A panel Prior to the entry into force of this Agreement, each Party will establish and maintain a list of at least five individuals to act as panellists. If a Party fails to establish or maintain a list, the other Parties’ roster of panellists shall be composed of three panellistsexclusively used. 2. If consultations under Article 25 have failed to resolve the matter, any consulting party individually, or two or more consulting parties collectively, may request the establishment of a panel to consider the matter. Such request shall be made in writing to any other consulting party, with a copy to the administrator, the other Parties and the Ministerial Committee. 3. In order to access the panel process established under this Article, a person must acknowledge, in writing, its consent thereto. Such consent shall be in a form agreed to among the Parties and shall be included with the request made under paragraph 2. 4. If more than one administrator has been designated, the administrator located within the territory of the responding Party will administer the dispute. 5. Where a request has been delivered under paragraph 2, within 15 days of delivery of the request the responding Party shall select a panellist and the complainant shall select a panellist. No Party shall select from its own list and no person shall select from its Party’s list. If a disputant fails to select a panellist within 15 days, the administrator shall select a panellist by lot from the applicable lists on that disputant’s behalf. 6. Within 10 days of the date of receipt by the Party complained against of the written request for the establishment of a paneltheir appointment, the Parties two panellists shall consult with a view to agree on the composition of the panel. 3. If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2choose, each Party shall appoint by consensus, a panellist from the sub-list of that any Party established under Article X.6 (Lists of Panellists) within five days from to chair the expiry of the time period established in paragraph 2. If a Party does not appoint a panellist from its sub-list within that time period, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the panellist. 4proceedings. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2two panellists are unable to agree, the co-they shall choose a chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under Article X.6 (Lists of Panellists). The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the chairperson of the panel. 5. The date of establishment of the panel shall be the date on which all three selected panellists have notified their acceptance of appointment according to ▇▇▇▇▇ [X] (Rules of Procedure). 6. If any of the lists provided for in Article X.6 (Lists of Panellists) have not been established or do not contain sufficient names at the time a request is made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed lists of the Parties. 7. As an alternative to the panel selection process under paragraphs 5 and 6, the disputants may, by one Party or both agreement and within 15 days of the commencement of the selection process under paragraph 5, choose a single panellist to consider the matter. 8. All panellists selected must be independent and impartial in the matter under dispute and otherwise comply with the code of conduct established by the Parties under Article 34(3). 9. At any time prior to the issuance of a final report, if a disputant believes that a panellist is in violation of the code of conduct it shall immediately advise the other disputant in writing, with a copy to the administrator and to the other Parties. The Parties shall immediately consult on the issue and, if they agree, the panellist shall be removed and a replacement panellist immediately selected in accordance with Annex [X] (Rules of Procedure)the procedures set out in this Article.

Establishment of a Panel. 1. A panel shall be composed of three panellists. 2. Within 10 days of the date of receipt by the Party complained against delivery of the written request for the establishment of a panel, the Parties shall consult with a view to agree on the composition of the panel. 3. If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2, each Party shall appoint a panellist from the sub-list of that Party established under Article X.6 [X.6] (Lists List of Panellists) within five days from the expiry of the time period established in paragraph 2. If a Party does not appoint a panellist from its sub-list within that time period, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the panellist. 4. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under Article X.6 [X.6] (Lists List of Panellists). The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the chairperson of the panel. 5. The date of establishment of the panel shall be the date on which all three selected panellists have notified their acceptance of appointment according to ▇▇▇▇▇ [X] ▇ (Rules of Procedure). 6. If any of the lists provided for in Article X.6 [X.6] (Lists List of Panellists) have not been established or do not contain sufficient names at the time a request is made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed by one Party or both Parties in accordance with Annex [X] X (Rules of Procedure).

Establishment of a Panel. 1. A panel Each Party will maintain a list of at least five individuals that meet the criteria set out in Schedule 3 to act as panellists. If a Party fails to maintain a list, the other Parties’ lists of panellists shall be composed of three panellistsexclusively used. 2. Within 10 days of If consultations under Article 25 have failed to resolve the date of receipt by the Party complained against of the written matter, any consulting party individually, or two or more consulting parties collectively, may request for the establishment of a panel, panel to consider the Parties shall consult with matter by delivering a view request therefor to agree on the composition of the paneladministrator. 3. If no request to establish a panel has been made within two years after the Parties do not agree on date the composition request for consultations was delivered, the proceeding is automatically terminated. 4. In order for a person to access the panel process established under this Article, the person must acknowledge, in writing, its consent and provide a financial deposit in accordance with Schedule 4. The panel may require the provision of further deposits at its discretion. Failure to provide any such financial deposits shall result in automatic termination of the panel within the time period provided for in proceedings. 5. Where a request has been delivered under paragraph 2, within 15 days of delivery of the request the responding Party and the complainant shall each select one panellist. No Party shall appoint select from its own list and no person shall select from its Party’s list. If a disputant fails to select a panellist within 15 days, the administrator shall select a panellist by lot from the applicable lists on that disputant’s behalf. 6. Within ten days of their appointment, the two panellists shall choose, by consensus, a panellist from the sub-list of that any Party established under Article X.6 (Lists of Panellists) within five days from to chair the expiry of the time period established in paragraph 2. If a Party does not appoint a panellist from its sub-list within that time period, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the panellist. 4proceedings. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2two panellists are unable to agree, the co-they shall choose a chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under Article X.6 (Lists of Panellists). The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the chairperson of the panel. 5. The date of establishment of the panel shall be the date on which all three selected panellists have notified their acceptance of appointment according to ▇▇▇▇▇ [X] (Rules of Procedure). 6. If any of the lists provided for in Article X.6 (Lists of Panellists) have not been established or do not contain sufficient names at the time a request is made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed lists of the Parties. 7. As an alternative to the panel selection process under paragraphs 5 and 6, the disputants may, by one Party or both Parties agreement and within 15 days of the commencement of the selection process under paragraph 5, choose a single panellist to consider the matter. For greater certainty, the selected panellist need not be chosen from the lists established under paragraph 1. 8. All panellists selected must be independent and impartial in the matter under dispute and otherwise comply with the code of conduct. Any alleged violations of the code of conduct shall be dealt with in accordance with Annex [X] (Rules the procedures provided in the code of Procedure)conduct. 9. If for any reason a panellist is removed or is unable to further participate in a proceeding, a replacement panellist shall be appointed using the same process that was used to appoint the original panellist.

Establishment of a Panel. 1. A panel Prior to the entry into force, each Party will establish and maintain a list of at least five individuals to act as panellists. If a Party fails to establish or maintain a list, the other Party's roster of panellists shall be composed of three panellistsexclusively used. 2. If, following consultations under Article 25, the consulting parties have failed to resolve the matter, either of them may request the establishment of a panel to consider the matter. Such request shall be made in writing to the other consulting party. A copy of the request shall be delivered to the administrator and the Ministerial Committee. 3. In order to access the panel process established under this Article, a person must acknowledge, in writing, its consent thereto and such consent shall be included with the request made under paragraph 2. 4. If more than one administrator has been designated, the administrator located within the territory of the responding Party will administer the dispute. 5. Once the request has been delivered under paragraph 2, each disputant shall select a panellist within 15 days. If the disputants are Parties, they each shall select a panellist from the other Party's list. If one of the disputants is a person, that person shall select a panelist from the responding Party's list and the responding Party shall select a panellist from the other Party's list. If a disputant fails to select a panellist within 15 days, the chosen panellist shall select the second panellist by lot from the applicable list of the disputant which has failed to choose a panellist. 6. Within 10 days of the date of receipt by the Party complained against of the written request for the establishment of a paneltheir appointment, the Parties two panellists shall consult with a view to agree on the composition of the panel. 3. If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2choose, each Party shall appoint by consensus, a panellist from the sub-list lists of that Party established under Article X.6 (Lists of Panellists) within five days from their Parties to chair the expiry of the time period established in paragraph 2. If a Party does not appoint a panellist from its sub-list within that time period, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the panellist. 4proceedings. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2two panellists are unable to agree, the co-they shall choose a chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under Article X.6 (Lists of Panellists). The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the chairperson of the panel. 5. The date of establishment of the panel shall be the date on which all three selected panellists have notified their acceptance of appointment according to ▇▇▇▇▇ [X] (Rules of Procedure). 6. If any of the lists provided for in Article X.6 (Lists of Panellists) have not been established or do not contain sufficient names at the time a request is made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed lists of the Parties. 7. As an alternative to the panel selection process under paragraphs 5 and 6, the disputants may, by one Party or both Parties mutual consent and within 15 days of the commencement of the selection process under paragraph 5, choose a single panellist to consider the matter. 8. All panellists selected must be independent and impartial in accordance with Annex [X] (Rules of Procedure)the matter under dispute.