Establishment of the arbitration panel
Article 73
1. An arbitration panel shall be composed of three arbitrators. 2. Each party to the dispute shall appoint one arbitrator within ten days of the date of the receipt of the request for the establishment of an arbitration panel. The two arbitrators shall appoint a third arbitrator, who shall be the chairperson of the arbitration panel, within 20 days of the receipt of the request for the establishment of a panel. The Chairperson shall not be a national of the Parties nor permanently reside in the territory of the Parties. 3. If all three arbitrators are not appointed within 20 days, or if, within ten days of the appointment of the third arbitrator either Party submits a reasoned written objection to the arbitrators chosen to the Trade and Development Committee, either Party may request the chairperson of the Trade and Development Committee, or her or his delegate, to select all three members by lot from the list established under Article 87 of this Agreement, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the procedure laid down in this paragraph. 4. The chairperson of the Trade and Development Committee, or her or his delegate, shall select the arbitrators within five days of receipt of the request made by either Party referred to in paragraph 3 of this Article. The selection shall be done in the presence of a representative of each Party. 5. The date of establishment of the arbitration panel shall be the date on which the three arbitrators are finally selected.