Common use of Panel Selection Clause in Contracts

Panel Selection. 1. The Parties shall apply the following procedures in selecting a panel: (a) the panel shall comprise three members; (b) the disputing Parties shall endeavor to agree on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel. If the disputing Parties are unable to agree on the chair within this period, the chair shall be selected by lot within three days from among the roster members who are not nationals of a disputing Party; (c) within 15 days of selection of the chair, the complaining Party or Parties shall select one panelist and the Party complained against shall select one panelist; (d) if the complaining Party or Parties or the Party complained against fail to select a panelist within this period, the panelist shall be selected by lot within three days from among the roster members who are nationals of such Party or Parties, as the case may be; and (e) each disputing Party shall endeavor to select panelists who have expertise or experience relevant to the subject matter of the dispute, as appropriate. 2. Panelists shall normally be selected from the roster. Any disputing Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by a disputing Party within 15 days after the individual has been proposed. 3. If a disputing Party believes that a panelist is in violation of the code of conduct, the disputing Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.

Panel Selection. 1. The Parties shall apply the following procedures in selecting a panel: (a) the panel shall comprise three members; (b) the disputing Parties shall endeavor to agree on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel. If the disputing Parties are unable to agree on the chair within this period, the chair shall be selected by lot within three days from among the roster members who are not nationals of a disputing Party; (c) within 15 days of selection of the chair, the complaining Party or Parties shall select appoint one panelist and the Party complained against shall select appoint one panelist; (d) if , in consultation with each other. If the complaining Party or Parties or the Party complained against fail to select appoint a panelist within this such period, the a panelist shall be selected by lot from the indicative roster established under Article 21.7 within three 3 days after expiration of this 15-day period; (c) the Parties shall endeavor to agree on a third panelist who shall serve as chair within 15 days from the date the second panelist has been appointed or selected. If the Parties are unable to agree on the chair, the chair shall be selected by lot from among the indicative roster members who are not nationals of such Party or Parties, as the case may be; anddisputing Parties within 3 days after expiration of this 15-day period; (ed) each disputing Party shall endeavor to select panelists who have expertise or experience relevant to the subject matter of the dispute. In addition, as appropriatein any dispute arising under Chapter Seventeen (Labor) or Eighteen (Environment), panelists other than those selected by lot shall have expertise or experience relevant to the subject matter under dispute. 2. Panelists shall normally be selected from the roster. Any disputing Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by a disputing Party within 15 days after the individual has been proposed. 3. If a disputing Party believes that a panelist is in violation of the code of conduct, the disputing Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.

Panel Selection. 1. The Parties shall apply Where there are two disputing Parties, the following procedures in selecting a panelshall apply: (a) the The panel shall comprise three five members;. (b) the The disputing Parties shall endeavor to agree on the chair of the panel within 15 days of after the delivery of the request for the establishment of Council votes to convene the panel. If the disputing Parties are unable to agree on the chair within this period, the chair shall be selected disputing Party chosen by lot shall select within three five days from among the roster members a chair who are is not nationals a citizen of a disputing that Party;. (c) within Within 15 days of selection of the chair, the complaining each disputing Party or Parties shall select one panelist and two panelists who are citizens of the Party complained against shall select one panelist;other disputing Party. (d) if the complaining If a disputing Party or Parties or the Party complained against fail fails to select a panelist its panelists within this such period, the panelist such panelists shall be selected by lot within three days from among the roster members who are nationals citizens of the other disputing Party. 2. Where there are more than two disputing Parties, the following procedures shall apply: (a) The panel shall comprise five members. (b) The disputing Parties shall endeavor to agree on the chair of the panel within 15 days after the Council votes to convene the panel. If the disputing Parties are unable to agree on the chair within this period, the Party or Parties on the side of the dispute chosen by lot shall select within 10 days a chair who is not a citizen of such Party or Parties, as the case may be; and. (ec) each Within 30 days of selection of the chair, the Party complained against shall select two panelists, one of whom is a citizen of a complaining Party, and the other of whom is a citizen of another complaining Party. The complaining Parties shall select two panelists who are citizens of the Party complained against. (d) If any disputing Party shall endeavor fails to select panelists who have expertise or experience relevant to a panelist within such a period, such panelist shall be selected by lot in accordance with the subject matter citizenship criteria of the dispute, as appropriatesubparagraph (c). 23. Panelists shall normally be selected from the roster. Any disputing Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by a disputing Party within 15 30 days after the individual has been proposed. 34. If a disputing Party believes that a panelist is in violation of the code of conduct, the disputing Parties shall consult and and, if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.

Panel Selection. 1. The Parties shall apply the following procedures in selecting a panel: (a) the panel shall comprise three members; (b) the disputing Parties shall endeavor to agree on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel. If the disputing Parties are unable to agree on the chair within this period, the chair shall be selected by lot within three days from among the roster members who are not nationals of a disputing Party; (c) within 15 days of selection of the chair, the complaining Party or Parties shall select appoint one panelist and the Party complained against shall select appoint one panelist; (d) if , in consultation with each other. If the complaining Party or Parties or the Party complained against fail to select appoint a panelist within this such period, the a panelist shall be selected by lot from the indicative roster established under Article 21.7 within three 3 days after expiration of this 15-day period; (c) the Parties shall endeavor to agree on a third panelist who shall serve as chair within 15 days from the date the second panelist has been appointed or selected. If the Parties are unable to agree on the chair, the chair shall be selected by lot from among the indicative roster members who are not nationals of such Party or Parties, as the case may be; anddisputing Parties within 3 days after expiration of this 15-day period; (ed) each disputing Party shall endeavor to select panelists who have expertise or experience relevant to the subject matter of the dispute. In addition, as appropriatein any dispute arising under Article 17.2.1(a) (Enforcement of Labor Laws) or Article 18.2.1(a) (Enforcement of Environmental laws), panelists other than those selected by lot shall have expertise or experience relevant to the subject matter under dispute. 2. Panelists shall normally be selected from the roster. Any disputing Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by a disputing Party within 15 days after the individual has been proposed. 3. If a disputing Party believes that a panelist is in violation of the code of conduct, the disputing Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.

Panel Selection. 1. The Parties shall apply the following procedures in selecting a panel: (a) the panel shall comprise three members; (b) the disputing Parties shall endeavor to agree on the chair of the panel within Within 15 days of the delivery of the request for the establishment of the panel. If the disputing Parties are unable to agree on the chair within this period, the chair shall be selected by lot within three days from among the roster members who are not nationals of a disputing Party; (c) within 15 days of selection of the chair, the complaining Party or Parties shall select appoint one panelist and the Party complained against shall select appoint one panelist; (d) if , in consultation with each other. If the complaining Party or Parties or the Party complained against fail to select appoint a panelist within this such period, the a panelist shall be selected by lot from the indicative roster established under Article 21.8 within three 3 days. (c) The Parties shall endeavor to agree on a third panelist who shall serve as chair within 15 days from the date the second panelist has been appointed or selected. If the Parties are unable to agree on the chair, the chair shall be selected by lot from among the indicative roster members who are not nationals of such Party or Parties, as the case may be; anddisputing Parties within 3 days. (ed) each Each disputing Party shall endeavor to select panelists who have expertise or experience relevant to the subject matter of the dispute. In addition, as appropriatein any dispute arising under Article 17.2.1(a) (Enforcement of Labor Laws) or Article 18.2.1(a) (Enforcement of Environmental laws), panelists other than those selected by lot shall have expertise or experience relevant to the subject matter under dispute. 2. Panelists shall normally be selected from the roster. Any disputing Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by a disputing Party within 15 days after the individual has been proposed. 3. If a disputing Party believes that a panelist is in violation of the code of conduct, the disputing Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.