Composition of the arbitration panel

1. An arbitration panel shall be composed of three arbitrators.

2. Within 10 days of the date of the submission of the request for the establishment of an arbitration panel to the Trade Committee, 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 the composition of the arbitration panel within the time frame laid down in paragraph 2 [of this Article], either Party may request the chair of the Trade Committee, or the chair's delegate, to select all three members by lot from the applicable list established under Article 323 of this Agreement, 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.

4. Where the Parties agree on one or more of the members of the arbitration panel, any remaining member or members shall be selected by the same procedure:

(a) if the parties have agreed on two members of the arbitration panel, the remaining member shall be selected from the individuals selected by the Parties to act as chairperson;

(b) if the Parties have agreed on one member of the arbitration panel, one of the remaining members shall be selected from the individuals proposed by the complaining Party and one from the individuals proposed by the Party complained against.

5. The chair of the Trade Committee, or the chair's delegate, shall select the arbitrators within five days of the request referred to in paragraph 3. A representative of each Party is entitled to be present at the selection.

6. The date of establishment of the arbitration panel shall be the date on which the selection procedure is completed.

7. Should any of the lists provided for in Article 323 of this Agreement not be established at the time a request is made pursuant to paragraph 3 [of this Article] the three arbitrators shall be drawn by lot from the individuals which have been formally proposed by one or both of the Parties.

8. In respect of a dispute concerning Chapter 11 (Trade-related Energy) of Title IV [of this Agreement] which one Party considers to be urgent because of an interruption, in full or in part, of any transport of natural gas, oil, or electricity or a threat thereof, between Ukraine and the EU Party paragraph 3 [of this Article] shall apply without

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recourse to paragraph 2 [of this Article], and the period in paragraph 5 [of this Article] shall be two days.

Article 308

Дата добавления: 2015-09-06