Common use of Panel Selection Clause in Contracts

Panel Selection. 1. The panel shall comprise three members. The date of establishment of the panel shall be the date on which the chair is appointed. 2. Each disputing Party shall, within 20 days after the date of receipt by the Party complained against of the request for the establishment of the panel, appoint a panelist, who may be a national of said Party, propose up to four candidates to serve as the chair of the panel, and notify the other disputing Party in writing of the name of the panelist and its proposed candidates to serve as chair, including their relevant background information. 3. Within an additional ten days from the receipt by the Party complained against of the request for the establishment of the panel, the disputing Parties shall endeavour to agree on and appoint the chair from among the candidates proposed by both Parties. If the disputing Parties do not agree, the two panelists already appointed shall within an additional ten days, endeavour to agree on the chair from among the candidates proposed by the disputing Parties. If the panelists do not find it appropriate to appoint any of the proposed candidates they may appoint a different individual. 4. If all three members have not been designated or appointed within 40 days from the receipt by the Party complained against of the request for the establishment of the panel, the necessary designations shall be made, at the request of any of the disputing Parties, in the following manner: (a) if a panelist has not been designated in accordance with paragraph 2, the Secrertary-General of the PCA shall name a member from among the list of candidates for the chair proposed by the disputing Parties; or (b) if the chair has not been designated in accordance with paragraph 3, the Secretary-General of the PCA, shall appoint the chair from among the candidates for the chair proposed by the disputing Parties. 5. If an appointed panelist withdraws, is removed, or becomes unable to serve, a replacement shall be appointed in the following manner: (a) in the case of a panelist appointed by a Party, that Party shall designate a new panelist within 15 days, failing which the replacement shall be appointed in accordance with subparagraph 4(a); (b) in the case of the chair of the panel, the Parties shall agree on the appointment of a replacement within 30 days, failing which the replacement shall be appointed in accordance with subparagraph 4(b); (c) if there are no remaining candidates proposed by the Parties, each Party shall propose up to three additional candidates within the same 30 days as referred to in subparagraph (b), and the panelist or chair shall be appointed by the Secretary-General of the PCA within seven days thereafter from among the candidates proposed. 6. Any time period applicable to the proceedings shall be suspended for a period beginning on the date the panelist or chair withdraws, is removed, or becomes unable to serve and ending on the date the replacement is appointed. 7. If the Secretary-General of the PCA is unable to perform his obligations as set forth by this Article or is a national of a Party to the dispute, the designations shall be made by the Deputy Secretary-General of the PCA.

Panel Selection. 1. The panel shall comprise three members. The date of establishment of the panel shall be the date on which the chair is appointed. 2. Each disputing Party shall, within 20 days after the date of receipt by the Party complained against of the request for the establishment of the panel, appoint a panelist, who may be a national of said Party, propose up to four candidates to serve as the chair of the panel, and notify the other disputing Party in writing of the name of the panelist and its proposed candidates to serve as chair, including their relevant background information. 3. Within an additional ten days from the receipt by the Party complained against of the request for the establishment of the panel, the disputing Parties shall endeavour to agree on and appoint the chair from among the candidates proposed by both Parties. If the disputing Parties do not agree, the two panelists already appointed shall within an additional ten days, endeavour to agree on the chair from among the candidates proposed by the disputing Parties. If the panelists do not find it appropriate to appoint any of the proposed candidates they may appoint a different individual. 4. If all three members have not been designated or appointed within 40 days from the receipt by the Party complained against of the request for the establishment of the panel, the necessary designations shall be made, at the request of any of the disputing Parties, in the following manner: (a) if a panelist has not been designated in accordance with paragraph 2, the Secrertary-General of the PCA shall name a member from among the list of candidates for the chair proposed by the disputing Parties; or (b) if the chair has not been designated in accordance with paragraph 3, the Secretary-General of the PCA, shall appoint the chair from among the candidates for the chair proposed by the disputing Parties. 5. If an appointed panelist withdraws, is removed, or becomes unable to serve, a replacement shall be appointed in the following manner: (a) in the case of a panelist appointed by a Party, that Party shall designate a new panelist within 15 days, failing which the replacement shall be appointed in accordance with subparagraph 4(a); (b) in the case of the chair of the panel, the Parties shall agree on the appointment of a replacement within 30 days, failing which the replacement shall be appointed in accordance with subparagraph 4(b); (c) if there are no remaining candidates proposed by the Parties, each Party shall propose up to three additional candidates within the same 30 days as referred to in subparagraph (b), and the panelist or chair shall be appointed by the Secretary-Secretary- General of the PCA within seven days thereafter from among the candidates proposed. 6. Any time period applicable to the proceedings shall be suspended for a period beginning on the date the panelist or chair withdraws, is removed, or becomes unable to serve and ending on the date the replacement is appointed. 7. If the Secretary-General of the PCA is unable to perform his obligations as set forth by this Article or is a national of a Party to the dispute, the designations shall be made by the Deputy Secretary-General of the PCA.