Статья 14.8. Состав и учреждение Арбитражной коллегии / Article 14.8. Composition and Establishment of the Arbitration Panel

Article 14.8
Composition and Establishment of the Arbitration Panel

1. An arbitration panel shall be composed of three (3) arbitrators. Each disputing Party shall appoint an arbitrator no later than thirty (30) days after the receipt of the request referred to in Article 14.7 (Initiation of Arbitration Procedure), and the two arbitrators shall, no later than thirty (30) days after the appointment of the second of them, designate by agreement the third arbitrator.

2. The disputing Parties shall, no later than seven (7) days after the designation of the third arbitrator, approve or disapprove the appointment of that arbitrator, who shall, if approved, act as the chairperson of the arbitration panel.

3. If the third arbitrator has not been designated as provided under paragraph 1, or one of the disputing Parties disapproves the appointment of the third arbitrator, the Director-General of the WTO shall, at the request of either disputing Party, within a further period of thirty (30) days, appoint the third arbitrator, who shall act as the chairperson of the arbitration panel.

4. If one of the disputing Parties does not appoint an arbitrator as provided under paragraph 1, the other disputing Party may inform the Director-General of the WTO, who shall appoint the chairperson of the arbitration panel within a further period of thirty (30) days. Upon appointment, the chairperson shall request the disputing Party which has not appointed an arbitrator to do so within fourteen (14) days. If after such period, that disputing Party has still not appointed an arbitrator, the chairperson shall inform the Director-General of the WTO, who shall make this appointment within a further period of thirty (30) days.

5. For the purposes of paragraphs 3 and 4, in the event that the Director-General of the WTO is a national of an EAEU Member State or Singapore, the Deputy Director-General of the WTO or the officer next in seniority who is not such a national shall be requested to make the necessary appointments.

6. For the purposes of paragraphs 3, 4 and 5, if one of the disputing Parties is not a WTO member, the disputing Parties shall request the President of the International Court of Justice (hereinafter referred to as "ICJ") to make the necessary appointments and such appointment shall be accepted by them. In the event that the President of the ICJ is a national of an EAEU Member State or Singapore, the Vice-President of the ICJ or the officer next in seniority who is not such a national shall be requested to make the necessary appointments.

7. The date of establishment of the arbitration panel shall be the date on which the last of the three arbitrators is appointed.

8. Any person appointed as an arbitrator of the arbitration panel shall have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements. An arbitrator shall be chosen strictly on the bases of objectivity, reliability, sound judgment and independence, and shall conduct himself or herself on these bases throughout the course of the arbitration proceedings and in accordance with Annex 14 - 2 (Code of Conduct for Arbitrators). Additionally, the chairperson shall not be a national of, have his or her usual place of residence in the territory of, or be employed by, an EAEU Member State or Singapore. The chairperson shall be a national of a state having diplomatic relations with all the EAEU Member States and Singapore. If a disputing Party considers that any arbitrator of the arbitration panel is in violation of these requirements, the disputing Parties shall consult and if they agree, the arbitrator shall be removed and a new arbitrator shall be appointed in accordance with this Article.

9. If any arbitrator of the arbitration panel appointed under this Article resigns or becomes unable to participate in the proceeding, or is removed according to paragraph 8, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator. In such a case, the work of the arbitration panel shall be suspended for a period beginning on the date the original arbitrator resigns, becomes unable to participate in the proceeding, or is removed according to paragraph 8, and all time frames applicable to the arbitration panel proceedings shall be extended by the amount of time for which the work of the arbitration panel is suspended. The work of the arbitration panel shall resume on the date the successor is appointed. The successor shall have all the powers and duties of the original arbitrator.