1. Unless inconsistent with, or otherwise required by, provisions in this Chapter, a Presiding Body shall be established in accordance with paragraphs (2) to (8).
2. The Parties shall maintain a roster of individuals qualified in accordance with Annex 1704(2) to be panellists. The Parties shall maintain a roster of individuals qualified in accordance with Annex 1704(2) to be Appellate Panellists.
3. Within 30 days after the date of delivery by the Complaining Party to the Secretariat of a request to establish a Presiding Body, each Disputing Party shall appoint one panellist from the roster. If the Parties have agreed to a Presiding Body composed of one member, they shall agree, within the 30 days, on a panellist from the roster with administrative law experience as identified pursuant to paragraph 4 of Annex 1704(2).
4. If a Disputing Party fails to appoint a panellist within the 30 days, or, if the Parties have agreed to a Presiding Body composed of one member and the Parties fail to agree on a panellist within the 30 days, the Secretariat shall select the panellist by lot.
5. The appointed panellists shall, within 10 days after the last of them has been appointed, select the chairperson of the Presiding Body from the roster. If they are unable to agree within that period, the Secretariat shall select the chairperson by lot from the roster.
6.1 If neither of the panellists appointed or selected pursuant to this Article has administrative law experience as identified pursuant to paragraph 4 of Annex 1704(2), the panellists or the Secretariat, as the case may be, shall select a person with administrative law experience to be the chairperson.
6.2 If a Disputing Party requests that the chairperson of a Presiding Body be bilingual (French and English), the chairperson selected pursuant to the procedures set out in paragraph 5 or 6.1, as the case may be, must be bilingual (French and English).
7. Unless the Disputing Parties otherwise agree, the panellists or the Secretariat, as the case may be, shall not appoint or select as the chairperson of a Presiding Body any roster member who has been appointed to the roster by a Disputing Party, or is resident in a Disputing Party’s Province.
8. Unless otherwise specified or unless the Disputing Parties otherwise agree, the terms of reference for a Presiding Body shall be to examine whether the actual or proposed measure or other matter at issue is or would be inconsistent with this Agreement.