Page 492 - Regional Comprehensive Economic Partnership (RCEP)

request the Secretary-General of the Permanent Court of
Arbitration to appoint the remaining panellists promptly. Any list
of nominees which was provided under paragraph 6 shall also be
provided to the Secretary-General of the Permanent Court of
Arbitration, and may be used in making the required appointments
under paragraph 12.
3

9. The date of establishment of the panel shall be the date on which
the last panellist is appointed.

10. Each panellist shall:

(a) have expertise or experience in law, international trade,
other matters covered by this Agreement, or the resolution
of disputes arising under international trade agreements;

(b) be chosen strictly on the basis of objectivity, reliability, and
sound judgement;

(c) be independent of, and not be affiliated with or take
instructions from, any Party;

(d) not have dealt with the matter in any capacity;

(e) disclose, to the Parties to the dispute, information which
may give rise to justifiable doubts as to his or her
independence or impartiality; and

(f) comply with the Code of Conduct as annexed to the Rules
of Procedures.

11. In addition to the requirements of paragraph 10, each panellist
appointed under paragraph 7 or 8 shall:

(a) have expertise in law including public international law,
international trade, and the resolution of disputes arising
under international trade agreements;

(b) be a well-qualified governmental or non-governmental
individual including an individual who has served on a
WTO panel or the WTO Appellate Body or in the WTO
Secretariat, taught or published on international trade law

3 For greater certainty, the United Nations Commission on International Trade Law
(UNCITRAL) Arbitration Rules shall not be used to appoint any remaining panellist
under this paragraph.

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