Article 8 Replacement

If an arbitrator is unable to participate in the proceedings, withdraws or needs to be replaced, a replacement shall be selected in accordance with Article 80(3) of the Agreement.

When a Party considers that an arbitrator does not comply with the requirements of Annex II (Code of Conduct for arbitrators and mediators) and for this reason should be replaced, that Party shall notify the other Party within 15 days of the date on which it obtained sufficient evidence of the arbitrator's alleged failure to comply with the requirements of that annex.

The Parties shall consult one another within 15 days of the notification to the other Party.

The Parties shall inform the arbitrator of his or her alleged non-compliance and may request the arbitrator to take steps to remedy the alleged non-compliance. They may also, if they so agree, remove the arbitrator and select a new arbitrator in accordance with Article 80 of the Agreement.

If the Parties fail to agree on the need to replace the arbitrator, other than the Chairperson of the arbitration panel, either Party may request that this matter be referred to the Chairperson of the arbitration panel, whose decision shall be final.

If the Chairperson of the arbitration panel finds that the arbitrator does not comply with the requirements of Annex II (Code of Conduct for arbitrators and mediators), the new arbitrator shall be selected in accordance with Article 80 of the Agreement.

If the Parties fail to agree on the need to replace the Chairperson, either Party may request that this matter be referred to one of the remaining members of the list of individuals established under Article 94 of the Agreement selected to act as Chairperson of the arbitration panel. His or her name shall be drawn by lot by the Chairperson of the Trade and Development Committee. The individual so selected shall make a decision as to whether the Chairperson complies with the requirements of Annex II (Code of Conduct for arbitrators and mediators). That decision shall be final.

If the decision is that the Chairperson does not comply with the requirements of Annex II (Code of Conduct for arbitrators and mediators), the new Chairperson shall be selected in accordance with Article 80 of the Agreement.