(a) the panel shall be composed entirely of panelists meeting the qualifications in paragraph 3, where the disputing Parties agree;
(b) in any case other than that set out in subparagraph (a)
(i) each disputing Party may select panelists meeting
the qualifications of Article 2010(1)
(Qualifications of Panelists) or paragraph 3 of
this Article, as the Party deems appropriate, and
(ii) if the Party complained against alleges Article
1403 as a defense in the dispute, the chair of the
panel must meet the qualifications of paragraph 3
of this Article.
5. Notwithstanding Article 2019(2) (Non-Implementation - Suspension of Benefits), in any dispute where a panel finds a measure to be inconsistent with the obligations of this Agreement and the measure affects:
(a) only the financial services sector, the complaining Party may suspend benefits only in the financial services sector;
(b) the financial services sector and any other sector, the complaining Party may suspend benefits in the financial services sector that have an equivalent effect as the measure or matter complained of has in the financial services sector; or
(c) only a sector other than the financial services sector, the complaining Party may not suspend benefits in the financial services sector.
Article 1416: Investment Disputes in Financial Services
1. Where an investor of another Party submits a claim under
Articles 1116 or 1117 to arbitration under Section B of Chapter
Eleven (Settlement of Disputes Between a Party and an Investor of
Another Party) against a Party and the disputing Party alleges
Article 1403 as a defense, on request of the disputing Party, the
Tribunal shall refer the matter to the Committee for a decision.
The Tribunal may not proceed pending receipt of a decision or
report under this Article.