Decision No 1/2019 of the EU-Ukraine Association Committee in Trade Configuration of 25 March 2019 on the establishment of the list of arbitrators referred to in Article 323(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part [2019/710]
Date: 2019-03-25
Institutions: European Union, Ukraine
Subjects: Association Council (EU), EAEC, Ukraine, arbitration, association agreement (EU), commercial arbitration, trade cooperation, trade dispute




L_2019120EN.01003101.xml










8.5.2019   


EN


Official Journal of the European Union


L 120/31








            DECISION No 1/2019 OF THE EU-UKRAINE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
         
of 25 March 2019
         
on the establishment of the list of arbitrators referred to in Article 323(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part [2019/710]


THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1), signed in Brussels on 27 June 2014 (‘the Agreement’), and in particular Articles 323(1) and 465(3) thereof,

Whereas:







(1)


In accordance with Article 323(1) of the Agreement, the Association Committee meeting in Trade configuration (the ‘Trade Committee’) is to, no later than six months from the entry into force of the Agreement, establish a list of individuals who are willing and able to serve as arbitrators.












(2)


The Union has proposed five individuals willing and able to serve as arbitrators, while Ukraine has proposed four. The Union and Ukraine have agreed on five individuals that are not nationals of either Party who are to serve as chairpersons to an arbitration panel.












(3)


In order to avoid further delays in the establishment of the list of individuals willing and able to serve as arbitrators and thereby ensure the proper functioning of the Agreement, in particular of Chapter 14 of Title IV thereof, the Trade Committee should approve that list on the basis of the submitted proposals.












(4)


Ukraine should submit its proposal for a fifth candidate to the Trade Committee as soon as possible,





HAS ADOPTED THIS DECISION:



Article 1

1.   The list of individuals who are willing and able to serve as arbitrators pursuant to Article 323(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, is set out in the Annex to this Decision.


2.   Ukraine shall submit its proposal for a fifth candidate who is willing and able to serve as arbitrator to the Trade Committee as soon as possible.



Article 2
This Decision shall enter into force on the date of its adoption.




Done at Kyiv, 25 March 2019.


For the Association Committee in Trade configuration


The Chair

Petros SOURMELIS
            

The Secretaries


For Ukraine

Oleksandra NECHYPORENKO
            

For the EU

Christian FRIGAARD RASMUSSEN
            





(1)  
            OJ L 161, 29.5.2014, p. 3.




ANNEX

LIST OF ARBITRATORS


PURSUANT TO ARTICLE 323(1) OF THE AGREEMENT

Arbitrators proposed by the Union:






1.


Claus–Dieter EHLERMANN










2.


Giorgio SACERDOTI










3.


Jacques BOURGEOIS










4.


Pieter Jan KUIJPER










5.


Ramon TORRENT




Arbitrators proposed by Ukraine:






1.


Serhiy HRYSHKO










2.


Taras KACHKA










3.


Victor MURAVYOV










4.


Yuriy RUDYUK




Chairpersons selected by the Parties:






1.


William DAVEY (USA)










2.


Helge SELAND (Norway)










3.


Maryse ROBERT (Canada)










4.


Christian HÄBERLI (Switzerland)










5.


Merit JANOW (USA)