Page 494 - Regional Comprehensive Economic Partnership (RCEP)

14. Each panellist shall serve in his or her individual capacity and not
as a government representative, nor as a representative of any
organisation. Any Party shall not give any panellist instructions
nor seek to influence any panellist as an individual with regard to
matters before a panel.

15. If a panellist appointed under this Article resigns or becomes
unable to act, a successor panellist shall be appointed in the
same manner as prescribed for the appointment of the original
panellist and shall have all the powers and duties of the original
panellist. The work of the panel shall be suspended until the
successor panellist is appointed. In such a case, any relevant
period of time for the panel proceedings shall be suspended until
the successor panellist is appointed.

16. Where a panel is reconvened pursuant to Article 19.16
(Compliance Review) or Article 19.17 (Compensation and
Suspension of Concessions or Other Obligations), the
reconvened panel shall, where feasible, have the same panellists
as the original panel. Where this is not feasible, a replacement
panellist shall be appointed in the same manner as prescribed for
the appointment of the original panellist, and shall have all the
powers and duties of the original panellist.

Article 19.12: Functions of Panels

1. The panel shall make an objective assessment of the matter
before it, including an objective assessment of:

(a) the facts of the case;

(b) the applicability of the provisions of this Agreement cited
by the Parties to the dispute; and

(c) whether:

(i) the measure at issue is not in conformity with the
obligations under this Agreement; or

(ii) the Responding Party has otherwise failed to carry
out its obligations under this Agreement.

19-12