Page 495 - Regional Comprehensive Economic Partnership (RCEP)

2. The panel shall have the following terms of reference unless the
14. Each panellist shall serve in his or her individual capacity and not Parties to the dispute agree otherwise within 20 days of the date
as a government representative, nor as a representative of any of the establishment of the panel:
organisation. Any Party shall not give any panellist instructions
nor seek to influence any panellist as an individual with regard to “To examine, in the light of the relevant provisions of this
matters before a panel. Agreement, the matter referred to in the request for the
establishment of a panel made pursuant to paragraph 1 of
15. If a panellist appointed under this Article resigns or becomes Article 19.8 (Request for Establishment of a Panel), and to
unable to act, a successor panellist shall be appointed in the make findings and determinations as provided for in this
same manner as prescribed for the appointment of the original Agreement.”
panellist and shall have all the powers and duties of the original
panellist. The work of the panel shall be suspended until the 3. The panel shall set out in its report:
successor panellist is appointed. In such a case, any relevant
period of time for the panel proceedings shall be suspended until (a) a descriptive section summarising the arguments of the
the successor panellist is appointed. Parties to the dispute and Third Parties;

16. Where a panel is reconvened pursuant to Article 19.16 (b) its findings on the facts of the case and on the applicability
(Compliance Review) or Article 19.17 (Compensation and of the provisions of this Agreement;
Suspension of Concessions or Other Obligations), the
reconvened panel shall, where feasible, have the same panellists (c) its determinations as to whether:
as the original panel. Where this is not feasible, a replacement
panellist shall be appointed in the same manner as prescribed for (i) the measure at issue is not in conformity with the
the appointment of the original panellist, and shall have all the obligations under this Agreement; or
powers and duties of the original panellist.
(ii) the Responding Party has otherwise failed to carry
out its obligations under this Agreement; and
Article 19.12: Functions of Panels
(d) the reasons for its findings and determinations referred to
1. The panel shall make an objective assessment of the matter in subparagraphs (b) and (c).
before it, including an objective assessment of:
4. In addition to paragraph 3, a panel shall include in its report any
(a) the facts of the case; other findings and determinations pertaining to the dispute which
have been jointly requested by the Parties to the dispute or
(b) the applicability of the provisions of this Agreement cited provided for in its terms of reference. The panel may suggest
by the Parties to the dispute; and ways in which the Responding Party could implement the findings
and determinations.
(c) whether:
5. Unless the Parties to the dispute agree otherwise, a panel shall
(i) the measure at issue is not in conformity with the base its report on the relevant provisions of this Agreement, the
obligations under this Agreement; or submissions and arguments of the Parties to the dispute, and any
information or technical advice it has received in accordance with
(ii) the Responding Party has otherwise failed to carry paragraphs 12 and 13 of Article 19.13 (Panel Procedures).
out its obligations under this Agreement.
6. A panel shall only make the findings, determinations, and
suggestions provided for in this Agreement.

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