Page 493 - Regional Comprehensive Economic Partnership (RCEP)

request the Secretary-General of the Permanent Court of or policy, or served as a senior trade policy official of a
Arbitration to appoint the remaining panellists promptly. Any list WTO Member; and
of nominees which was provided under paragraph 6 shall also be
provided to the Secretary-General of the Permanent Court of (c) in the case of the chair of the panel, wherever possible:
Arbitration, and may be used in making the required appointments
under paragraph 12. (i) have served on a WTO panel or the WTO Appellate
3
Body; and
9. The date of establishment of the panel shall be the date on which
the last panellist is appointed. (ii) have expertise or experience relevant to the subject
matter of the dispute.
10. Each panellist shall:
12. In appointing a panellist under paragraph 8, and in accordance
(a) have expertise or experience in law, international trade, with the requirements referred to in paragraphs 10 and 11, the
other matters covered by this Agreement, or the resolution following procedure shall be used, unless the Parties to the
of disputes arising under international trade agreements; dispute agree otherwise:

(b) be chosen strictly on the basis of objectivity, reliability, and (a) the Secretary-General of the Permanent Court of
sound judgement; Arbitration shall notify the Parties to the dispute of an
identical list containing at least three nominees for
(c) be independent of, and not be affiliated with or take panellists;
instructions from, any Party;
(b) within 15 days of the date of the receipt of the list referred
(d) not have dealt with the matter in any capacity; to in subparagraph (a), each Party to the dispute may
return the list to the Secretary-General of the Permanent
(e) disclose, to the Parties to the dispute, information which Court of Arbitration after having deleted any of the
may give rise to justifiable doubts as to his or her nominees which it objects to and having numbered the
independence or impartiality; and remaining nominees on the list in the order of its
preference;
(f) comply with the Code of Conduct as annexed to the Rules
of Procedures. (c) after the expiry of the period of time referred to in
subparagraph (b), the Secretary-General of the Permanent
11. In addition to the requirements of paragraph 10, each panellist Court of Arbitration shall appoint the remaining panellists
appointed under paragraph 7 or 8 shall: from the remaining nominees on any list returned to him or
her and in accordance with the order of preference
(a) have expertise in law including public international law, indicated by the Parties to the dispute; and
international trade, and the resolution of disputes arising
under international trade agreements; (d) if for any reason the remaining panellists cannot be
appointed in accordance with the procedure set out in this
(b) be a well-qualified governmental or non-governmental paragraph, the Secretary-General of the Permanent Court
individual including an individual who has served on a of Arbitration may appoint, in his or her discretion, the
WTO panel or the WTO Appellate Body or in the WTO remaining panellists in accordance with this Chapter.
Secretariat, taught or published on international trade law
13. Unless the Parties to the dispute agree otherwise, the chair shall
not be a national of any Party to the dispute or a Third Party and
3 For greater certainty, the United Nations Commission on International Trade Law
(UNCITRAL) Arbitration Rules shall not be used to appoint any remaining panellist shall not have his or her usual place of residence in any Party to
under this paragraph. the dispute.

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