Common use of Establishment of the Clause in Contracts

Establishment of the. arbitration panel 1. An arbitration panel shall be composed of three arbi­ trators. 2. Within 10 working days of the date of receipt by the Party complained against of the request for the establishment of an arbitration panel, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel. 3. In the event that the Parties are unable to agree on its composition within the time frame laid down in paragraph 2, either Party may request the chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate, to select all three members by lot from the list established under Article 19, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the same procedure. 4. The chairpersons of the subcommittee ‘industry, trade and services’, or the chairpersons’ delegate, shall select the arbitrators within five working days of the request referred to in paragraph 3. 5. The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected. 6. Replacement of arbitrators shall take place only for the reasons and according to the procedures detailed in rules 18 to 21 of the Rules of Procedure.

Establishment of the. arbitration panel 1. An arbitration panel shall be composed of three arbi­ trators. 2. Within 10 working days of the date of receipt by the Party complained against of the request for the establishment of an arbitration panel, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel. 3. In the event that the Parties are unable to agree on its composition within the time frame laid down in paragraph 2, either Party party may request the chairpersons of the subcommittee ‘on industry, trade and services’, or the chairpersons’ delegate, to select draw by lot all three members by lot of the arbitration panel from the list established under Article 19, ; one name shall be drawn among the individuals proposed by the complaining Party, one shall be drawn among the individuals proposed by the Party complained against and one shall be drawn among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more two of the members of the arbitration arbi­ tration panel, any the remaining members shall be selected by the same procedure. 4. The chairpersons of the subcommittee ‘on industry, trade and services’, or the chairpersons’ delegate, shall select the arbitrators arbi­ trators within five working days of the request referred to in paragraph 3. 5. The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected. 6. Replacement of arbitrators shall take place only for the reasons and according to the procedures detailed in rules 18 Rules 17 to 21 20 of the Rules of Procedure.