Common use of Initiation of Arbitration Proceedings Clause in Contracts

Initiation of Arbitration Proceedings. 1. The complaining Party may request the establishment of an arbitration panel if: (a) the Party complained against does not reply to the request for consultations in accordance with Article 301, paragraph 3; (b) consultations are not held within the period of time established in Article 301 paragraphs 5 or 6, as the case may be; (c) the consulting Parties have failed to settle the dispute through consultations; or (d) the parties to the dispute have agreed not to engage in consultations according to Article 301, paragraph 4. 2. Request for the establishment of an arbitration panel shall be made in writing to the Party complained against and to the Trade Committee. The complaining Party shall identify in its request the specific measure at issue, and shall explain how that measure constitutes a violation of the provisions of this Agreement in a manner that clearly presents the legal grounds for the complaint. 3. A Party may not request the establishment of an arbitration panel to review a proposed measure. 4. Within 10 days following the date of the receipt of the request for the establishment of an arbitration panel, a Party which is not a party to the dispute and that has a substantial interest in it, may request in writing to the parties to the dispute, with copy to the Trade Committee, its participation in the arbitration procedure. Such Party may participate as a third party in accordance with the Rules of Procedure.

Initiation of Arbitration Proceedings. 1. The complaining Party may request the establishment of an arbitration panel if: : (a) the Party complained against does not reply to the request for consultations in accordance with Article 301, paragraph 3; ; (b) consultations are not held within the period of time established estab­ lished in Article 301 paragraphs 5 or 6, as the case may be; ; (c) the consulting Parties have failed to settle the dispute through consultations; or or (d) the parties to the dispute have agreed not to engage in consultations according to Article 301, paragraph 4. 2. Request for the establishment of an arbitration panel shall be made in writing to the Party complained against and to the Trade Committee. The complaining Party shall identify in its request the specific measure at issue, and shall explain how that measure constitutes a violation of the provisions of this Agreement in a manner that clearly presents the legal grounds for the complaint. . 3. A Party may not request the establishment of an arbitration panel to review a proposed measure. . 4. Within 10 days following the date of the receipt of the request for the establishment of an arbitration panel, a Party which is not a party to the dispute and that has a substantial interest in it, may request in writing to the parties to the dispute, with copy to the Trade Committee, its participation in the arbitration procedure. Such Party may participate as a third party in accordance with the Rules of Procedure.