Appendix J-3
Technical Advisory Panel
Definitions
2.
In this Appendix:
a) "Chapter" means the Dispute Resolution Chapter of the Final Agreement;
b) "Member" means a Member of the Panel;
c) "Panel" means a technical advisory panel appointed under this Appendix;
d) "Party" means a participating Party to a Reference under this Appendix;
e) "Reference" means a reference of a Disagreement to the Panel; and
f) "Section" means a Section in this Appendix.
General
2.
A question of law may not be referred to a Panel.
3.
A Reference commences on the date the Parties directly engaged in the Disagreement
have agreed in writing to use a technical advisory Panel under paragraph 24 of the
Chapter.
Appointment of Panel Members
4.
A Panel will have three Members unless the Parties agree on a Panel of five Members.
5.
A Member will be skilled and knowledgeable in the technical or scientific subject matter
or issues of the Disagreement.
6.
If there are two Parties, then the Panel will have:
a) three Members, each Party will appoint one Member and the two appointed
Members will jointly appoint the third Member; or
b) five Members, each Party will appoint two Members and the four appointed
Members will jointly appoint the fifth Member.
7.
If there are three Parties and the Panel will have:
a) three Members, each Party will appoint one Member; or
b) five Members, each Party will appoint one Member and the three appointed
Members will jointly appoint the fourth and fifth Members.
8.
In the appointment procedures under Sections 6 and 7, if:
a) a Party fails to appoint the required number of Members within 30 days after
commencement of the Reference; or
b) the appointing Members fail to appoint the required number of additional
Members within 15 days after the last appointing Member was appointed
then required appointments will be made by the Neutral Appointing Authority on the
written request of a Party that is copied to the other Parties.
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