Common use of Conduct of the Arbitration Clause in Contracts

Conduct of the Arbitration. (1) Unless otherwise agreed by the disputing parties, the place of arbitration shall be at the COMESA Secretariat. (2) Any non-disputing Member State may make oral and written submissions to the tribunal regarding the interpretation of this Agreement. (3) Without prejudice to a tribunals authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be made. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argument. (b) On receipt of an objection under this Paragraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereof. (c) In deciding an objection under this Paragraph, the tribunal shall assume to be true claimants factual allegations in support of any claim in the notice of arbitration. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph or make use of the expedited procedure set out in the following Paragraph. (4) In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or any objection that the dispute is not within the tribunals competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereof, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of time, which may not exceed 30 days. (5) When it decides a respondents objection under Paragraph (3), the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claim or the respondents objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) A respondent may not assert as a defense, counterclaim, right of setoff, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach of the relevant parts of this Agreement. The protection of the public welfare and public interests shall be considered when any interim measures are requested.

Conduct of the Arbitration. (1) Unless otherwise agreed by . The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 24(3). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this AgreementTreaty. (3) . The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party. 4. Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 34. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph 5. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or paragraph 4 and any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of timeperiod, which may not exceed 30 days. (5) 6. When it decides a respondents respondent’s objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorney’s fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 24. For purposes of this paragraph, an order includes a recommendation. (a) In any arbitration conducted under this Section, at the request of a disputing party, a tribunal shall, before issuing a decision or award on liability, transmit its proposed decision or award to the disputing parties and to the non-disputing Party. Within 60 days after the tribunal transmits its proposed decision or award, the disputing parties may submit written comments to the tribunal concerning any aspect of its proposed decision or award. The tribunal shall consider any such comments and issue its decision or award not later than 45 days after the expiration of the relevant parts 60-day comment period. (b) Subparagraph (a) shall not apply in any arbitration conducted pursuant to this Section for which an appeal has been made available pursuant to paragraph 10 or Annex E. 10. If a separate multilateral agreement enters into force between the Parties that establishes an appellate body for purposes of this Agreement. The protection of reviewing awards rendered by tribunals constituted pursuant to international trade or investment arrangements to hear investment disputes, the public welfare and public interests Parties shall be considered when any interim measures are requestedstrive to reach an agreement that would have such appellate body review awards rendered under Article 34 in arbitrations commenced after the multilateral agreement enters into force between the Parties.

Conduct of the Arbitration. (1) Unless otherwise agreed by . The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 24(3). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this AgreementTreaty. (3) . The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party. 4. Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 34. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 20 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph 5. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or paragraph 4 and any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of timeperiod, which may not exceed 30 days. (5) 6. When it decides a respondents respondent’s objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorney’s fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 24. For purposes of this paragraph, an order includes a recommendation. (a) In any arbitration conducted under this Section, at the request of a disputing party, a tribunal shall, before issuing a decision or award on liability, transmit its proposed decision or award to the disputing parties and to the non-disputing Party. Within 60 days after the tribunal transmits its proposed decision or award, the disputing parties may submit written comments to the tribunal concerning any aspect of its proposed decision or award. The tribunal shall consider any such comments and issue its decision or award not later than 45 days after the expiration of the relevant parts of 60-day comment period. (b) Subparagraph (a) shall not apply in any arbitration conducted pursuant to this AgreementSection for which an appeal has been made available pursuant to paragraph 10. 10. In the event that an appellate mechanism for reviewing awards rendered by investor-State dispute settlement tribunals is developed in the future under other institutional arrangements, the Parties shall consider whether awards rendered under Article 34 should be subject to that appellate mechanism. The protection Parties shall strive to ensure that any such appellate mechanism they consider adopting provides for transparency of proceedings similar to the public welfare and public interests shall be considered when any interim measures are requestedtransparency provisions established in Article 29.

Conduct of the Arbitration. (1) Unless otherwise agreed by the disputing parties, the place of arbitration shall be at the COMESA Secretariat. (2) Any non-disputing Member State may make oral and written submissions to the tribunal regarding the interpretation of this Agreement. (3) Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals tribunal’s competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be made. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argument. (b) On receipt of an objection under this Paragraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereof. (c) In deciding an objection under this Paragraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitration. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph or make use of the expedited procedure set out in the following Paragraph. (4) In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereof, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of time, which may not exceed 30 days. (5) When it decides a respondents respondent’s objection under Paragraph (3), the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorneys’ fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) A respondent may not assert as a defense, counterclaim, right of setoffset- off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach of the relevant parts of this Agreement. The protection of the public welfare and public interests shall be considered when any interim measures are requested.

Conduct of the Arbitration. 1. The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 10.15(5)(b), (1) Unless otherwise agreed by c), or (d). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this Agreement. 3. The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party (3) the “submitter”). The submissions shall be provided in both Spanish and English, and shall identify the submitter and any Party, other government, person, or organization, other than the submitter, that has provided, or will provide, any f inancial or other assistance in preparing the submission. 4. Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals tribunal’s competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 10.25. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration referred to in Article 1 0.15(6), the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it i t has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) paragraph 4 or any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of time, which may not exceed 30 days. (5) 6. When it decides a respondents respondent’s objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if i f warranted, award to the prevailing disputing party reasonable costs and attorneys attorneys’ fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to t o preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach of the relevant parts of this Agreement. The protection of the public welfare and public interests shall be considered when any interim measures are requestedreferred to in Article 10.

Conduct of the Arbitration. (1) Unless otherwise agreed by . The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 24(3). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this AgreementTreaty. (3) . The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party. 4. Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 34. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter- memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) paragraph 4 or any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of time, which may not exceed 30 days. (5) 6. When it decides a respondents respondent’s objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if warranted, award to the prevailing preva iling disputing party reasonable costs and attorneys attorneys’ fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 24. For purposes of this paragraph, an order includes a recommendation. (a) In any arbitration conducted under this Section, at the request of a disputing party, a tribunal shall, before issuing an award on liability, transmit its proposed award to the disputing parties and to the non-disputing Party. Within 60 days after the tribunal transmits its proposed award, the disputing parties may submit written comments to the tribunal concerning any aspect of its proposed award. The tribunal shall consider any such comments and issue its award not later than 45 days after the expiration of the relevant parts 60-day comment period. (b) Subparagraph (a) shall not apply in any arbitration conducted pursuant to this Section for which an appeal has been made available pursuant to paragraph 10. 10. If a separate multilateral agreement enters into force as between the Parties that establishes an appellate body for purposes of reviewing awards rendered by tribunals constituted pursuant to international trade or investment arrangements to hear investment disputes, the Parties shall strive to agree that such appellate body will review awards rendered under Article 34 of this Agreement. The protection of Section in arbitrations commenced after the public welfare and public interests shall be considered when any interim measures are requestedmultilateral agreement enters into force as between the Parties.

Conduct of the Arbitration. (1) Unless otherwise agreed by . The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 24(3). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this AgreementTreaty. (3) . The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party. 4. Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 34. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph 5. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or paragraph 4 and any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of timeperiod, which may not exceed 30 days. (5) 6. When it decides a respondents respondent’s objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorney’s fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 24. For purposes of this paragraph, an order includes a recommendation. (a) In any arbitration conducted under this Section, at the request of a disputing party, a tribunal shall, before issuing a decision or award on liability, transmit its proposed decision or award to the disputing parties and to the non-disputing Party. Within 60 days after the tribunal transmits its proposed decision or award, the disputing parties may submit written comments to the tribunal concerning any aspect of its proposed decision or award. The tribunal shall consider any such comments and issue its decision or award not later than 45 days after the expiration of the relevant parts 60-day comment period. (b) Subparagraph (a) shall not apply in any arbitration conducted pursuant to this Section for which an appeal has been made available pursuant to paragraph 10 or Annex D. 10. If a separate, multilateral agreement enters into force between the Parties that establishes an appellate body for purposes of this Agreement. The protection of reviewing awards rendered by tribunals constituted pursuant to international trade or investment arrangements to hear investment disputes, the public welfare and public interests Parties shall be considered when any interim measures are requestedstrive to reach an agreement that would have such appellate body review awards rendered under Article 34 in arbitrations commenced after the multilateral agreement enters into force between the Parties.

Conduct of the Arbitration. (1) Unless otherwise agreed by . The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 24(3). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this AgreementTreaty. (3) . The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party. 4. Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 34. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 20 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph 5. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or paragraph 4 and any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of timeperiod, which may not exceed 30 days. (5) 6. When it decides a respondents respondent’s objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorney’s fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 24. For purposes of this paragraph, an order includes a recommendation. (a) In any arbitration conducted under this Section, at the request of a disputing party, a tribunal shall, before issuing a decision or award on liability, transmit its proposed decision or award to the disputing parties and to the non-disputing Party. Within 60 days after the tribunal transmits its proposed decision or award, the disputing parties may submit written comments to the tribunal concerning any aspect of its proposed decision or award. The tribunal shall consider any such comments and issue its decision or award not later than 45 days after the expiration of the relevant parts of 60-day comment period. (b) Subparagraph (a) shall not apply in any arbitration conducted pursuant to this AgreementSection for which an appeal has been made available pursuant to paragraph 10. 10. In the event that an appellate mechanism for reviewing awards rendered by investor-State dispute settlement tribunals is developed in the future under other institutional arrangements, the Parties shall consider whether awards rendered under Article 34 should be subject to that appellate mechanism. The protection Parties shall strive to ensure that any such appellate mechanism they consider adopting provides for transparency of proceedings similar to the public welfare and public interests shall be considered when any interim measures are requestedtransparency provisions established in Article 29.

Conduct of the Arbitration. (1) Unless otherwise agreed by . The tribunal shall have the authority to accept and consider written amicus curiae submissions that may assist the tribunal in evaluating the submissions and arguments of the disputing partiesparties from a person or entity that is not a disputing party. In determining whether to accept such a filing, the place of arbitration tribunal shall be at consider, among other things, the COMESA Secretariatextent to which the amicus curiae has a significant interest in the proceeding. The tribunal shall provide the disputing parties with an opportunity to respond to such written submissions. (2) Any non-disputing Member State may make oral and written submissions to the tribunal regarding the interpretation of this Agreement. (3) . Without prejudice to a tribunals tribunal's authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competencethe competence of the tribunal, including an objection to the tribunal's jurisdiction, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor favour of the claimant may be made.made under Article 10.30: (a) Such such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argument.counter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment); (b) On on receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereof.therefor; (c) In in deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants the claimant's factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in the relevant Article of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute.; or (d) The the respondent does not waive any objection as to competence competence, including an objection to jurisdiction, or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph 3. (4) 3. In the event that the respondent so requests within 45 days after of the tribunal is being constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) paragraph 2 or any objection that the dispute is not within the tribunals tribunal's competence, including an objection that the dispute is not within the tribunal's jurisdiction. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of timeperiod, which may not exceed 30 days. (5) 4. When it decides a respondents respondent's objection under Paragraph (paragraph 2 or 3), the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorney's fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant's claim or the respondents respondent's objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 5. A respondent may shall not assert as a defensedefence, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 6. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal's jurisdiction. A tribunal may shall not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 10.20. For the purposes of this paragraph, an order includes a recommendation. 7. In any arbitration conducted under this Section, on the request of a disputing party, a tribunal shall, before issuing a decision or award on liability, transmit its proposed decision or award to the disputing parties and non-disputing Party. Within 60 days of the relevant parts tribunal transmitting its proposed decision or award, the disputing parties may submit written comments to the tribunal concerning any aspect of this Agreementits proposed decision or award. The protection tribunal shall consider any such comments and issue its decision or award not later than 45 days after the expiration of the public welfare 60 day comment period. 8. The interim review procedure of disputing parties for the proposed decision or award in paragraph 7 shall not apply in any arbitration conducted pursuant to this Section for which an appeal has been made available pursuant to paragraph 9. 9. If a separate multilateral agreement enters into force between the Parties that establishes an appellate body for the purposes of reviewing awards rendered by tribunals constituted pursuant to international trade or investment arrangements to hear investment disputes, the Parties shall strive to reach an agreement that would have such appellate body review decisions and public interests awards rendered under this Article and Article 10.30 in arbitrations commenced after the multilateral agreement enters into force between the Parties. 10. Unless the disputing parties otherwise agree, consistent with the applicable arbitration rules, English and Korean shall be considered when any interim measures are requestedthe official languages to be used in the entire arbitration proceedings, including all hearings, submissions, decisions, and awards.

Conduct of the Arbitration. (1) Unless otherwise agreed by . A tribunal established under this Section shall decide the disputing parties, issues in dispute in accordance with this Agreement and the place applicable rules and principles of arbitration shall be at the COMESA Secretariatinternational law. (2) Any non-disputing Member State may make oral and written submissions to the tribunal regarding the interpretation of this Agreement. (3) . Without prejudice to a tribunals tribunal's authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competencethe competence of the tribunal, including an objection to the tribunal's jurisdiction, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor favour of the claimant may be mademade under Article 3.21 (Award). (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants the claimant's factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in the relevant article of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph 3. (4) In the 3. Inthe event that the respondent so requests within 45 forty-five (45) days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) paragraph 2 or any objection that the dispute is not within the tribunals tribunal's competence, including an objection that the dispute is not within the tribunal's jurisdiction. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 one hundred and fifty (150) days after the date of the request. However, if a if.a disputing party requests a hearing, the tribunal may take an additional 30 thirty (30) days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of timeperiod, which may not exceed 30 thirty (30) days. (5) 4. When it decides deciding a respondents respondent's objection under Paragraph (paragraphs 2 or 3), the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorney's fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant's claim or the respondents respondent's objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) A respondent may not assert as a defense, counterclaim, right of setoff, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach of the relevant parts of this Agreement. The protection of the public welfare and public interests shall be considered when any interim measures are requested.

Conduct of the Arbitration. (1) Unless otherwise agreed by . The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 24(3). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this AgreementTreaty. (3) . The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party. 4. Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 34. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) paragraph 4 or any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of time, which may not exceed 30 days. (5) 6. When it decides a respondents respondent’s objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorneys’ fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset‑off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 24. For purposes of this paragraph, an order includes a recommendation. (a) In any arbitration conducted under this Section, at the request of a disputing party, a tribunal shall, before issuing an award on liability, transmit its proposed award to the disputing parties and to the non-disputing Party. Within 60 days after the tribunal transmits its proposed award, the disputing parties may submit written comments to the tribunal concerning any aspect of its proposed award. The tribunal shall consider any such comments and issue its award not later than 45 days after the expiration of the relevant parts 60-day comment period. (b) Subparagraph (a) shall not apply in any arbitration conducted pursuant to this Section for which an appeal has been made available pursuant to paragraph 10. 10. If a separate multilateral agreement enters into force as between the Parties that establishes an appellate body for purposes of reviewing awards rendered by tribunals constituted pursuant to international trade or investment arrangements to hear investment disputes, the Parties shall strive to agree that such appellate body will review awards rendered under Article 34 of this Agreement. The protection of Section in arbitrations commenced after the public welfare and public interests shall be considered when any interim measures are requestedmultilateral agreement enters into force as between the Parties.

Conduct of the Arbitration. (1) Unless otherwise agreed by the disputing parties, the place of arbitration shall be [at the COMESA SecretariatSecretariat][at a place designated by the tribunal]. (2) Any non-disputing Member State may make oral and written submissions to the tribunal regarding the interpretation of this Agreement.] (3) Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals tribunal’s competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be made. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first countermemorial (written argument). (b) On receipt of an objection under this Paragraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereof. (c) In deciding an objection under this Paragraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitration. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph or make use of the expedited procedure set out in the following Paragraph. (4) In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereof, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of time, which may not exceed 30 days. (5) When it decides a respondents respondent’s objection under Paragraph (3), the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorneys’ fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) A respondent may not assert as a defense, counterclaim, right of setoffset- off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach of the relevant parts of this Agreement. The protection of the public welfare and public interests shall be considered when any interim measures are requested.

Conduct of the Arbitration. (1) Unless otherwise agreed by . The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 24(3). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this AgreementTreaty. (3) . The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party. 4. Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 34. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant’s factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph 5. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or paragraph 4 and any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of timeperiod, which may not exceed 30 days. (5) 6. When it decides a respondents respondent’s objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorney’s fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach of the relevant parts of this Agreement. The protection of the public welfare and public interests shall be considered when any interim measures are requested.referred to in Article

Conduct of the Arbitration. (1) Unless otherwise agreed by . The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 24(3). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this AgreementTreaty. (3) . The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party. 4. Without prejudice to a tribunals tribunal's authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 34. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant's factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph 5. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or paragraph 4 and any objection that the dispute is not within the tribunals tribunal's competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of timeperiod, which may not exceed 30 days. (5) 6. When it decides a respondents respondent's objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorney's fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant's claim or the respondents respondent's objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 24. For purposes of this paragraph, an order includes a recommendation. (a) In any arbitration conducted under this Section, at the request of a disputing party, a tribunal shall, before issuing a decision or award on liability, transmit its proposed decision or award to the disputing parties and to the non-disputing Party. Within 60 days after the tribunal transmits its proposed decision or award, the disputing parties may submit written comments to the tribunal concerning any aspect of its proposed decision or award. The tribunal shall consider any such comments and issue its decision or award not later than 45 days after the expiration of the relevant parts of 60-day comment period. (b) Subparagraph (a) shall not apply in any arbitration conducted pursuant to this Agreement. The protection of the public welfare and public interests shall be considered when any interim measures are requested.Section for which an appeal has been made available pursuant to paragraph 10 or Annex D.

Conduct of the Arbitration. (1) Unless otherwise agreed by . The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 24(3). If the disputing partiesparties fail to reach agreement, the tribunal shall determine the place of arbitration in accordance with the applicable arbitral rules, provided that the place shall be at in the COMESA Secretariatterritory of a State that is a party to the New York Convention. (2) Any . The non-disputing Member State Party may make oral and written submissions to the tribunal regarding the interpretation of this AgreementTreaty. (3) . The tribunal shall have the authority to accept and consider amicus curiae submissions from a person or entity that is not a disputing party. 4. Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be mademade under Article 34. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under this Paragraphparagraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds thereoftherefor. (c) In deciding an objection under this Paragraphparagraph, the tribunal shall assume to be true claimants claimant's factual allegations in support of any claim in the notice of arbitrationarbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in Article 20 of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph paragraph or make use of the expedited procedure set out in the following Paragraphparagraph 5. (4) 5. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or paragraph 4 and any objection that the dispute is not within the tribunals tribunal's competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of timeperiod, which may not exceed 30 days. (5) 6. When it decides a respondents respondent's objection under Paragraph (3)paragraph 4 or 5, the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorney's fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter alia whether either the claimants claimant's claim or the respondents respondent's objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (6) 7. A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal's jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal's jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach referred to in Article 24. For purposes of this paragraph, an order includes a recommendation. (a) In any arbitration conducted under this Section, at the request of a disputing party, a tribunal shall, before issuing a decision or award on liability, transmit its proposed decision or award to the disputing parties and to the non-disputing Party. Within 60 days after the tribunal transmits its proposed decision or award, the disputing parties may submit written comments to the tribunal concerning any aspect of its proposed decision or award. The tribunal shall consider any such comments and issue its decision or award not later than 45 days after the expiration of the relevant parts of 60-day comment period. (b) Subparagraph (a) shall not apply in any arbitration conducted pursuant to this AgreementSection for which an appeal has been made available pursuant to paragraph 10. 10. In the event that an appellate mechanism for reviewing awards rendered by investor-State dispute settlement tribunals is developed in the future under other institutional arrangements, the Parties shall consider whether awards rendered under Article 34 should be subject to that appellate mechanism. The protection Parties shall strive to ensure that any such appellate mechanism they consider adopting provides for transparency of proceedings similar to the public welfare and public interests shall be considered when any interim measures are requestedtransparency provisions established in Article 29.

Conduct of the Arbitration. (1) Unless otherwise agreed by the disputing partiesagreed, the place of arbitration shall be at the COMESA SecretariatSecretariat to the Dispute Settlement Body or a regional affiliate in the region of the disputing party. The disputing parties may agree on anoth- er place of arbitration within 30 days of the notice of arbitration being filed. (2) Any non-disputing Member State party may make oral and written submissions to the tribunal regarding the interpretation inter- pretation of this Agreement. (3) Without prejudice to a tribunals tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within a tribunals tribunal’s competence, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favor of the claimant may be made. This includes an objection pur- suant to Article 18(1) of the Agreement. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its first written argumentcounter- memorial. (b) On receipt of an objection under this Paragraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established estab- lished for considering any other preliminary question, and issue a decision or award on the objectionobjec- tion, stating the grounds thereoftherefore. (c) In deciding an objection under this Paragraph, the tribunal shall assume to be true claimants factual claimant’s fac- tual allegations in support of any claim in the notice of arbitration, except in so far as it may relate to a breach of Article 13 issue. The tribunal may also consider any relevant facts not in dispute. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this Paragraph or make use of the expedited procedure set out in the following Paragraph. (4) In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under Paragraph (3) or any objection that the dispute is not within the tribunals tribunal’s competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds thereoftherefore, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of time, which may not exceed 30 days. (5) A claim to loss of jurisdiction due to a breach of Article 13 shall be decided by the tribunal on the basis of a balance of probabilities on the facts adduced in evidence before it. A tribunal does not have to wait for a determination by a domestic court in the host or home state. (6) When it decides a respondents respondent’s objection under Paragraph (3) or (4), the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorneys attorneys’ fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider Inter consid- er inter alia whether either the claimants claimant’s claim or the respondents respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. (67) A respondent may not assert as a defense, counterclaim, right of setoffset-off, or for any other reason that the claimant has received or will receive indemnification or other compensation for all or part of the alleged damages pursuant to an insurance or guarantee contract. (7) 8) A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the tribunals tribunal’s jurisdiction is made fully effective, including an order to preserve evidence in the possession or control of a disputing party or to protect the tribunals tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to constitute a breach of the relevant rel- evant parts of this Agreement. The protection of the public welfare and public interests shall be considered con- sidered when any interim measures are requested.