1. Within 30 days after the date of delivery of the request for the establishment of a panel, the person and the Party complained against shall each appoint one panellist from the roster. The Party may not appoint a panellist which it has nominated to the roster. Where the person and the Party have agreed to a panel 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).
2. If the person fails to appoint a panellist within the 30 days, then the complaint shall proceed no further. If the Party fails to appoint a panellist within the 30 days, or, where the person and the Party have agreed to a panel composed of one member and they fail to agree on a panellist within the 30 days, then the Secretariat shall select the panellist by lot excluding from selection any person appointed to the roster by the Party.
3. The appointed panellists shall, within 10 days after their appointment, select the chairperson of the panel from the roster. If they are unable to agree within that period, the Secretariat shall select the chairperson by lot from the roster.
4. If neither of the panellists selected 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 excluding from selection any person appointed to the roster by the Party.
5. The rules of procedure for the panel shall be those established under Article 1705 with such changes as the circumstances may require.
6. The terms of reference for a panel shall be to examine whether the actual measure at issue is inconsistent with this Agreement.