Common use of Conduct of the Arbitration Clause in Contracts

Conduct of the Arbitration. 1. The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 8.24(3). If the disputing parties fail to reach agreement, the tribunal shall determine the place in accordance with the applicable arbitral rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 2. The non-disputing Party may make oral and written submissions to the tribunal regarding the interpretation of this Agreement. 3. After consulting the disputing parties, the tribunal may allow a person or entity that is not a disputing party to file a written amicus curiae submission with the tribunal regarding a matter within the scope of the dispute. Such a submission shall provide the identity of such person or entity (including any controlling entity and any source of substantial financial assistance in either of the two years preceding the submission, e.g. funding around 20% of an entity’s overall operations annually), disclose any connection with any disputing party, and identify any person, government or other entity that has provided or will provide any financial or other assistance in preparing the submission. In determining whether to allow such a filing, the tribunal shall consider, among other things, the extent to which: (a) the amicus curiae submission would assist the tribunal in the determination of a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge, or insight that is different from that of the disputing parties; (b) the amicus curiae submission would address a matter within the scope of the dispute; and (c) the amicus curiae has a significant interest in the proceeding. 4. The tribunal shall ensure that the amicus curiae submission does not disrupt the proceeding or unduly burden or unfairly prejudice either disputing party, and that the disputing parties are given an opportunity to present their observations on the amicus curiae submission. 5. Without prejudice to a tribunal’s authority to address other objections as a preliminary question, 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 favour of the claimant may be made under this Section. 6. In deciding an objection under paragraph 5, the tribunal shall assume to be true the claimant’s factual allegations. The tribunal may also consider any relevant facts not in dispute. The tribunal shall decide on the objection on an expedited basis, and issue a decision or award on the objection(s) no later than 150 days after the date of the request. 7. 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 60-day comment period. 8. 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 8.30 (Awards)should be subject to that appellate mechanism.

Conduct of the Arbitration. 1. The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 8.24(310.16.3(b), (c) or (d). If the disputing parties fail to reach agreement, the tribunal shall determine the place in accordance with the applicable arbitral rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 2. The non-disputing Party may make oral tribunal shall have the authority to accept and consider amicus curiae written submissions to that may assist the tribunal regarding in evaluating the interpretation submissions and arguments of this Agreement. 3. After consulting the disputing parties, the tribunal may allow parties from a person or entity that is not a disputing party to file a written amicus curiae submission with (the tribunal regarding a matter within “submitter”). The submissions shall be provided in both Spanish and English, and shall identify the scope of the dispute. Such a submission shall provide the identity of such person or entity (including any controlling entity submitter and any source of substantial financial assistance in either of the two years preceding the submissionParty, e.g. funding around 20% of an entity’s overall operations annually)other government, disclose any connection with any disputing party, and identify any person, government or organisation, other entity than the submitter, that has provided provided, or will provide provide, any financial or other assistance in preparing the submission. In determining whether to allow Where such a filingsubmissions are admitted by the tribunal, the tribunal shall consider, among other things, the extent to which: (a) the amicus curiae submission would assist the tribunal in the determination of a factual or legal issue related provide to the proceeding by bringing a perspective, particular knowledge, or insight that is different from that of the disputing parties; (b) the amicus curiae submission would address a matter within the scope of the dispute; and (c) the amicus curiae has a significant interest in the proceeding. 4. The tribunal shall ensure that the amicus curiae submission does not disrupt the proceeding or unduly burden or unfairly prejudice either disputing party, and that the disputing parties are given an opportunity to present their observations on the amicus curiae submissionrespond to such written submissions. 53. Without prejudice to a tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within the jurisdiction or the competence of the tribunal, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a that the claim submitted is not a claim for which an award in favour of the claimant may be made under this Sectionmanifestly without legal merit. 6. In deciding (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 counter-memorial (or, in the case of an amendment to the notice of arbitration referred to in Article 10.16.4, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under paragraph 5this paragraph, the tribunal shall assume to be true the claimant’s factual allegations. The tribunal may also consider suspend any relevant facts not in dispute. The tribunal shall decide proceedings on the merits, establish a schedule for considering the objection on an expedited basisconsistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds therefor. (c) The respondent does not waive any objection as to the jurisdiction or competence of the tribunal 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 tribunal’s jurisdiction or competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s) ), stating the grounds therefor, 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 respondent’s objection under paragraph 3 or 4, 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 whether either the claimant’s claim or the respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. 6. A respondent may not assert as a defence, counterclaim, right of set-off, or otherwise that the claimant has received or will receive indemnification or other compensation for all or part of the alleged loss or damages pursuant to an insurance or guarantee contract. 7. In any arbitration conducted under this Section, at A tribunal may order an interim measure of protection to preserve the request rights of a disputing party, a tribunal shallor to ensure that the tribunal’s jurisdiction is made fully effective, before issuing a decision or award on liability, transmit its proposed decision or award including an order 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 60-day comment period. 8. In the event that an appellate mechanism for reviewing awards rendered by investor-State dispute settlement tribunals is developed preserve evidence in the future under other institutional arrangements, possession or control of a disputing party or to protect the Parties shall consider whether awards rendered under Article 8.30 (Awards)should be subject tribunal’s jurisdiction. A tribunal may not order attachment or enjoin the application of a measure alleged to that appellate mechanism.constitute a breach referred to in Article

Conduct of the Arbitration. 1. The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 8.24(310.16.3(b), (c) or (d). If the disputing parties fail to reach agreement, the tribunal shall determine the place in accordance with the applicable arbitral rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 2. The non-disputing Party may make oral tribunal shall have the authority to accept and consider amicus curiae written submissions to that may assist the tribunal regarding in evaluating the interpretation submissions and arguments of this Agreement. 3. After consulting the disputing parties, the tribunal may allow parties from a person or entity that is not a disputing party to file a written amicus curiae submission with (the tribunal regarding a matter within "submitter"). The submissions shall be provided in both Spanish and English, and shall identify the scope of the dispute. Such a submission shall provide the identity of such person or entity (including any controlling entity submitter and any source of substantial financial assistance in either of the two years preceding the submissionParty, e.g. funding around 20% of an entity’s overall operations annually)other government, disclose any connection with any disputing party, and identify any person, government or organisation, other entity than the submitter, that has provided provided, or will provide provide, any financial or other assistance in preparing the submission. In determining whether to allow Where such a filingsubmissions are admitted by the tribunal, the tribunal shall consider, among other things, the extent to which: (a) the amicus curiae submission would assist the tribunal in the determination of a factual or legal issue related provide to the proceeding by bringing a perspective, particular knowledge, or insight that is different from that of the disputing parties; (b) the amicus curiae submission would address a matter within the scope of the dispute; and (c) the amicus curiae has a significant interest in the proceeding. 4. The tribunal shall ensure that the amicus curiae submission does not disrupt the proceeding or unduly burden or unfairly prejudice either disputing party, and that the disputing parties are given an opportunity to present their observations on the amicus curiae submissionrespond to such written submissions. 53. Without prejudice to a tribunal’s 's authority to address other objections as a preliminary question, such as an objection that a dispute is not within the jurisdiction or the competence of the tribunal, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a that the claim submitted is not a claim for which an award in favour of the claimant may be made under this Sectionmanifestly without legal merit. 6. In deciding (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 counter-memorial (or, in the case of an amendment to the notice of arbitration referred to in Article 10.16.4, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under paragraph 5this paragraph, the tribunal shall assume to be true the claimant’s factual allegations. The tribunal may also consider suspend any relevant facts not in dispute. The tribunal shall decide proceedings on the merits, establish a schedule for considering the objection on an expedited basisconsistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds therefor. (c) The respondent does not waive any objection as to the jurisdiction or competence of the tribunal 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 tribunal's jurisdiction or competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s) ), stating the grounds therefor, 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 respondent's objection under paragraph 3 or 4, 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 whether either the claimant's claim or the respondent's objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. 6. A respondent may not assert as a defence, counterclaim, right of set-off, or otherwise that the claimant has received or will receive indemnification or other compensation for all or part of the alleged loss or damages pursuant to an insurance or guarantee contract. 7. In any arbitration conducted under this Section, at A tribunal may order an interim measure of protection to preserve the request rights of a disputing party, a tribunal shallor to ensure that the tribunal's jurisdiction is made fully effective, before issuing a decision or award on liability, transmit its proposed decision or award including an order 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 60-day comment period. 8. In the event that an appellate mechanism for reviewing awards rendered by investor-State dispute settlement tribunals is developed preserve evidence in the future under other institutional arrangements, possession or control of a disputing party or to protect the Parties shall consider whether awards rendered under 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 8.30 (Awards)should be subject to that appellate mechanism10.

Conduct of the Arbitration. 1. The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 8.24(310.16.3(b), (c) or (d). If the disputing parties fail to reach agreement, the tribunal shall determine the place in accordance with the applicable arbitral rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 2. The non-disputing Party may make oral tribunal shall have the authority to accept and consider amicus curiae written submissions to that may assist the tribunal regarding in evaluating the interpretation submissions and arguments of this Agreement. 3. After consulting the disputing parties, the tribunal may allow parties from a person or entity that is not a disputing party to file a written amicus curiae submission with (the tribunal regarding a matter within “submitter”). The submissions shall be provided in both Spanish and English, and shall identify the scope of the dispute. Such a submission shall provide the identity of such person or entity (including any controlling entity submitter and any source of substantial financial assistance in either of the two years preceding the submissionParty, e.g. funding around 20% of an entity’s overall operations annually)other government, disclose any connection with any disputing party, and identify any person, government or organisation, other entity than the submitter, that has provided provided, or will provide provide, any financial or other assistance in preparing the submission. In determining whether to allow Where such a filingsubmissions are admitted by the tribunal, the tribunal shall consider, among other things, the extent to which: (a) the amicus curiae submission would assist the tribunal in the determination of a factual or legal issue related provide to the proceeding by bringing a perspective, particular knowledge, or insight that is different from that of the disputing parties; (b) the amicus curiae submission would address a matter within the scope of the dispute; and (c) the amicus curiae has a significant interest in the proceeding. 4. The tribunal shall ensure that the amicus curiae submission does not disrupt the proceeding or unduly burden or unfairly prejudice either disputing party, and that the disputing parties are given an opportunity to present their observations on the amicus curiae submissionrespond to such written submissions. 53. Without prejudice to a tribunal’s authority to address other objections as a preliminary question, such as an objection that a dispute is not within the jurisdiction or the competence of the tribunal, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a that the claim submitted is not a claim for which an award in favour of the claimant may be made under this Sectionmanifestly without legal merit. 6. In deciding (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 counter-memorial (or, in the case of an amendment to the notice of arbitration referred to in Article 10.16.4, the date the tribunal fixes for the respondent to submit its response to the amendment). (b) On receipt of an objection under paragraph 5this paragraph, the tribunal shall assume to be true the claimant’s factual allegations. The tribunal may also consider suspend any relevant facts not in dispute. The tribunal shall decide proceedings on the merits, establish a schedule for considering the objection on an expedited basisconsistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds therefor. (c) The respondent does not waive any objection as to the jurisdiction or competence of the tribunal 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 tribunal’s jurisdiction or competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s) ), stating the grounds therefor, 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 respondent’s objection under paragraph 3 or 4, 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 whether either the claimant’s claim or the respondent’s objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment. 6. A respondent may not assert as a defence, counterclaim, right of set-off, or otherwise that the claimant has received or will receive indemnification or other compensation for all or part of the alleged loss or damages pursuant to an insurance or guarantee contract. 7. In any arbitration conducted under A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the 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 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 10.16. For the purposes of this Sectionparagraph, at an order includes a recommendation. 8. At the request of a disputing party, a tribunal shall, before issuing a decision or an 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, only 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 60-60 day comment period. 8. 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 8.30 (Awards)should be subject to that appellate mechanism.

Conduct of the Arbitration. 1. The disputing parties may agree on the legal place of any arbitration under the arbitral arbitration rules applicable under Article 8.24(321.4 (Submission of a Claim to Arbitration). If the disputing parties fail to reach agreementagreement on the place of arbitration, the tribunal shall determine the place in accordance with the applicable arbitral arbitration rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 2. The non-disputing Party may make oral tribunal shall have the authority to accept and consider amicus curiae written submissions to that may assist the tribunal regarding in evaluating the interpretation submissions and arguments of this Agreement. 3. After consulting the disputing parties, the tribunal may allow parties from a person or entity that is not a disputing party to file a written amicus curiae submission with (the tribunal regarding a matter within the scope of the dispute“submitter”). Such a Each submission shall provide be provided in English, and shall identify the identity of such person or entity (including any controlling entity submitter and any source of substantial financial assistance in either of the two years preceding the submissionParty, e.g. funding around 20% of an entity’s overall operations annually)other government, disclose any connection with any disputing party, and identify any person, government or organisation, other entity than the submitter, that has provided provided, or will provide provide, any financial or other assistance in preparing the submission. In determining whether to allow Where such a filingsubmissions are admitted by the tribunal, the tribunal shall consider, among other things, the extent provide to which: (a) the amicus curiae submission would assist the tribunal in the determination of a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge, or insight that is different from that of the disputing parties; (b) the amicus curiae submission would address a matter within the scope of the dispute; and (c) the amicus curiae has a significant interest in the proceeding. 4. The tribunal shall ensure that the amicus curiae submission does not disrupt the proceeding or unduly burden or unfairly prejudice either disputing party, and that the disputing parties are given an a reasonable opportunity to present their observations on the amicus curiae submissionrespond to such submissions. 53. Without prejudice to a tribunal’s authority to address other objections as a preliminary question, such as an objection that an investment dispute is not within the jurisdiction or the competence of the tribunal, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a that the claim submitted is not a claim for which an award in favour of the claimant may be made under this Sectionmanifestly without legal merit. 6. In deciding (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 counter-memorial or, in the case of an amendment to the notice of arbitration referred to in Article 21.5 (Submission of a Claim to Arbitration), the date the tribunal fixes for the respondent to submit its response to the amendment. (b) On receipt of an objection under paragraph 5this paragraph, the tribunal shall assume to be true the claimant’s factual allegations. The tribunal may also consider suspend any relevant facts not in dispute. The tribunal shall decide proceedings on the merits, establish a schedule for considering the objection on an expedited basisconsistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds therefor. (c) The respondent does not waive any objection as to the jurisdiction or competence of the tribunal 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 by the respondent that the claim is manifestly without legal merit or any objection that the claim is not within the tribunal’s jurisdiction or competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s) ), stating the grounds therefor, 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 period of time, which may not exceed 30 days. 5. When it decides a respondent’s objection under paragraph 3 or 4, 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 whether either the claimant’s claim or the respondent’s objection is frivolous, and shall provide the disputing parties a reasonable opportunity to comment. 6. For greater certainty, a claimant has the burden of proving all elements of its claim, consistent with general principles of international law applicable to international arbitration, including, in the case of a claim of a breach of Article 6 (Minimum Standard of Treatment), that the respondent has breached a general and consistent practice of States that they follow from a sense of legal obligation. 7. In any arbitration conducted under A respondent may not assert as a defence, counterclaim, right of set-off, or otherwise that the claimant has received or will receive indemnification or other compensation for all or part of the alleged loss or damages pursuant to an insurance or guarantee contract. 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the 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 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 21 (Submission of a Claim to Arbitration). For the purposes of this Sectionparagraph, at an order includes a recommendation. 9. At the request of a disputing party, a tribunal shall, before issuing a decision or an 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, only 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 60-60 day comment period. 8. 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 8.30 (Awards)should be subject to that appellate mechanism.

Conduct of the Arbitration. 1. The disputing parties may agree on the legal place of any arbitration under the arbitral arbitration rules applicable under Article 8.24(321.4 (Submission of a Claim to Arbitration). If the disputing parties fail to reach agreementagreement on the place of arbitration, the tribunal shall determine the place in accordance with the applicable arbitral arbitration rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 2. The non-disputing Party may make oral tribunal shall have the authority to accept and consider amicus curiae written submissions to that may assist the tribunal regarding in evaluating the interpretation submissions and arguments of this Agreement. 3. After consulting the disputing parties, the tribunal may allow parties from a person or entity that is not a disputing party to file a written amicus curiae submission with (the tribunal regarding a matter within the scope of the dispute"submitter"). Such a Each submission shall provide be provided in English, and shall identify the identity of such person or entity (including any controlling entity submitter and any source of substantial financial assistance in either of the two years preceding the submissionParty, e.g. funding around 20% of an entity’s overall operations annually)other government, disclose any connection with any disputing party, and identify any person, government or organisation, other entity than the submitter, that has provided provided, or will provide provide, any financial or other assistance in preparing the submission. In determining whether to allow Where such a filingsubmissions are admitted by the tribunal, the tribunal shall consider, among other things, the extent provide to which: (a) the amicus curiae submission would assist the tribunal in the determination of a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge, or insight that is different from that of the disputing parties; (b) the amicus curiae submission would address a matter within the scope of the dispute; and (c) the amicus curiae has a significant interest in the proceeding. 4. The tribunal shall ensure that the amicus curiae submission does not disrupt the proceeding or unduly burden or unfairly prejudice either disputing party, and that the disputing parties are given an a reasonable opportunity to present their observations on the amicus curiae submissionrespond to such submissions. 53. Without prejudice to a tribunal’s 's authority to address other objections as a preliminary question, such as an objection that an investment dispute is not within the jurisdiction or the competence of the tribunal, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a that the claim submitted is not a claim for which an award in favour of the claimant may be made under this Sectionmanifestly without legal merit. 6. In deciding (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 counter-memorial or, in the case of an amendment to the notice of arbitration referred to in Article 21.5 (Submission of a Claim to Arbitration), the date the tribunal fixes for the respondent to submit its response to the amendment. (b) On receipt of an objection under paragraph 5this paragraph, the tribunal shall assume to be true the claimant’s factual allegations. The tribunal may also consider suspend any relevant facts not in dispute. The tribunal shall decide proceedings on the merits, establish a schedule for considering the objection on an expedited basisconsistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds therefor. (c) The respondent does not waive any objection as to the jurisdiction or competence of the tribunal 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 by the respondent that the claim is manifestly without legal merit or any objection that the claim is not within the tribunal's jurisdiction or competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s) ), stating the grounds therefor, 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 period of time, which may not exceed 30 days. 5. When it decides a respondent's objection under paragraph 3 or 4, 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 whether either the claimant's claim or the respondent's objection is frivolous, and shall provide the disputing parties a reasonable opportunity to comment. 6. For greater certainty, a claimant has the burden of proving all elements of its claim, consistent with general principles of international law applicable to international arbitration, including, in the case of a claim of a breach of Article 6 (Minimum Standard of Treatment), that the respondent has breached a general and consistent practice of States that they follow from a sense of legal obligation. 7. In any arbitration conducted under A respondent may not assert as a defence, counterclaim, right of set-off, or otherwise that the claimant has received or will receive indemnification or other compensation for all or part of the alleged loss or damages pursuant to an insurance or guarantee contract. 8. A tribunal may order an interim measure of protection to preserve the rights of a disputing party, or to ensure that the 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 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 21 (Submission of a Claim to Arbitration). For the purposes of this Sectionparagraph, at an order includes a recommendation. 9. At the request of a disputing party, a tribunal shall, before issuing a decision or an 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, only 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 60-60 day comment period. 8. 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 8.30 (Awards)should be subject to that appellate mechanism.

Conduct of the Arbitration. 1. The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 8.24(3). If the disputing parties fail to reach agreement, the tribunal shall determine the place in accordance with the applicable arbitral rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 2. The non-disputing Party may make oral and written submissions to the tribunal regarding the interpretation of this Agreement. 3. After consulting the disputing parties, the tribunal may allow a person or entity that is not a disputing party to file a written amicus curiae submission with the tribunal regarding a matter within the scope of the dispute. Such a submission shall provide the identity of such person or entity (including any controlling entity and any source of substantial financial assistance in either of the two years preceding the submission, e.g. funding around 20% of an entity’s overall operations annually), disclose any connection with any disputing party, and identify any person, government or other entity that has provided or will provide any financial or other assistance in preparing the submission. In determining whether to allow such a filing, the tribunal shall consider, among other things, the extent to which: (a) the amicus curiae submission would assist the tribunal in the determination of a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge, or insight that is different from that of the disputing parties; (b) the amicus curiae submission would address a matter within the scope of the dispute; and (c) the amicus curiae has a significant interest in the proceeding. 4. The tribunal shall ensure that the amicus curiae submission does not disrupt the proceeding or unduly burden or unfairly prejudice either disputing party, and that the disputing parties are given an opportunity to present their observations on the amicus curiae submission. 5. Without prejudice to a tribunal’s authority to address other objections as a preliminary question, 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 favour of the claimant may be made under this Section. 6. In deciding an objection under paragraph 5, the tribunal shall assume to be true the claimant’s factual allegations. The tribunal may also consider any relevant facts not in dispute. The tribunal shall decide on the objection on an expedited basis, and issue a decision or award on the objection(s) no later than 150 days after the date of the request. 7. 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-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 60-day comment period. 8. 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 8.30 (Awards)should be subject to that appellate mechanism.

Conduct of the Arbitration. 1. The disputing parties may agree on the legal place of any arbitration under the arbitral rules applicable under Article 8.24(3). If the disputing parties fail to reach agreement, the tribunal shall determine the place in accordance with the applicable arbitral rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 2. The non-disputing Party may make oral and written submissions to the tribunal regarding the interpretation of this Agreement. 3. After consulting the disputing parties, the tribunal may allow a person or entity that is not a disputing party to file a written amicus curiae submission with the tribunal regarding a matter within the scope of the dispute. Such a submission shall provide the identity of such person or entity (including any controlling entity and any source of substantial financial assistance in either of the two years preceding the submission, e.g. funding around 20% of an entity’s entityâs overall operations annually), disclose any connection with any disputing party, and identify any person, government or other entity that has provided or will provide any financial or other assistance in preparing the submission. In determining whether to allow such a filing, the tribunal shall consider, among other things, the extent to which: (a) the amicus curiae submission would assist the tribunal in the determination of a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge, or insight that is different from that of the disputing parties; (b) the amicus curiae submission would address a matter within the scope of the dispute; and (c) the amicus curiae has a significant interest in the proceeding. . 4. The tribunal shall ensure that the amicus curiae submission does not disrupt the proceeding or unduly burden or unfairly prejudice either disputing party, and that the disputing parties are given an opportunity to present their observations on the amicus curiae submission. 5. Without prejudice to a tribunal’s 's authority to address other objections as a preliminary question, 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 favour of the claimant may be made under this Section. 6. In deciding an objection under paragraph 5, the tribunal shall assume to be true the claimant’s 's factual allegations. The tribunal may also consider any relevant facts not in dispute. The tribunal shall decide on the objection on an expedited basis, and issue a decision or award on the objection(s) no later than 150 days after the date of the request. 7. 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-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 60-day comment period. 8. 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 8.30 (Awards)should be subject to that appellate mechanism.