Model Rules of Procedure. The procedure before the Panel shall be conducted in accordance with the Model Rules of Procedure set out in Annex 12 (Model Rules of Procedure). Exceptionally, the disputing Parties may agree on different rules to be applied by the Panel. 2. The Model Rules of Procedure are necessary for the good development of all the steps in this Chapter. In addition, these rules shall regulate the development of the procedure, pursuant to the following principles: (a) the procedures shall ensure the right to at least one hearing before the Panel, as well as the opportunity for each disputing Party to provide initial and rebuttal written submissions, and allow the use of any technological means to ensure its authenticity; and (b) the hearings before the Panel, the deliberations, as well as all the submissions and communications submitted during the hearings, shall be confidential.
Model Rules of Procedure. Unless the Parties otherwise agree, the panel shall conduct its proceedings in accordance with the model rules of procedure set out in Annex 23A, which shall ensure: (a) a right to at least one hearing before the panel; (b) an opportunity for each Party to provide initial and rebuttal written submissions; and (c) that hearings before the panel, deliberations, as well as all submissions and communications exchanged during the hearings, are confidential.
Model Rules of Procedure. 1. The procedure before the panel shall be conducted in accordance with the Model Rules of Procedure unless otherwise provided for in this Agreement. The disputing Parties may agree on different rules to be applied by the panel.
2. Within six months following the date of entry into force of this Agreement, the Joint Committee shall adopt the Model Rules of Procedure which shall ensure at least the following:
(a) each disputing Party shall have the right to at least one hearing before the Panel, as well as the opportunity to provide initial and rebuttal written submissions;
(b) the hearings before the panel shall be open to the public unless otherwise agreed by the disputing Parties;
(c) the protection of information designated as confidential by any of the Parties;
(d) at the request of a disputing Party, or on its own initiative, the panel may seek information and technical advice from experts it deems appropriate;
(e) unless otherwise agreed by the disputing Parties, the hearings of the panel shall take place in Washington D.C. USA;
(f) in presenting oral arguments the disputing Parties have the right to use either their own language or English. Written submissions must be submitted in Spanish with an English translation or in English with a Spanish translation;
(g) each disputing Party’s individual costs, including the costs for the translation of the written submissions as well as other costs related to the preparation and the carrying out of the proceedings, including the disputing Parties’ administration costs, shall be borne by each disputing Party; and
(h) costs for the panelists and the administrative costs for the oral hearings, including interpretation, shall be borne by the disputing Parties in equal parts. The panel may however decide that the costs be distributed differently taking into account, inter alia, the particulars of the case and other circumstances that may be deemed relevant.
Model Rules of Procedure. Application
Model Rules of Procedure. 22-6 1. Unless the Parties to the dispute otherwise agree, the panel shall follow the model rules of procedure established by the Joint Committee, which shall ensure: (a) a right to at least one hearing before the panel; (b) that, subject to subparagraph (f), any hearing before the panel shall be open to the public; (c) the possibility of using technological means to conduct the proceedings; (d) an opportunity for each Party to the dispute to provide initial and rebuttal submissions; (e) that each participating Party's written submissions, written versions of its oral statement, and written response to a request or questions from the panel may be made available to the public subject to subparagraph (f);
(f) the protection of information designated by any of the Parties for confidential treatment; and (g) that all notices to the Parties are made through the designated office.
Model Rules of Procedure. 1. Upon the entry into force of this Agreement, the Commission shall establish the Model Rules of Procedure in accordance with the following principles: (a) the procedures shall ensure the right to at least one hearing before the arbitral panel and an opportunity for each disputing Party to provide initial and rebuttal written submissions; and (b) the hearing before the arbitral panel, the deliberations and the preliminary report, as well as all the writings and communications presented in it shall be confidential.
2. Unless the disputing Parties otherwise agree, the arbitral panel shall conduct its proceedings in accordance with the Model Rules of Procedure.
3. Unless the disputing Parties otherwise agree, within twenty (20) days of receipt of the request for the establishment of the arbitral panel, the terms of reference shall be: "To examine, in the light of the provisions of this Agreement, the matters submitted for its consideration and to make findings, decisions, and recommendations as provided in Articles 15.13 (2) and 15.14".
4. If a complaining Party claims that a matter causes nullification or impairment of benefits referred to in Annex 15.02, the terms of reference shall so indicate.
5. When a disputing Party requests that the arbitral panel makes findings on the extent of the adverse trade effects brought upon by the measure adopted by the other disputing Party and it is considered by the disputing Party as inconsistent with the Agreement, or that the measure has caused nullification or impairment in the sense of Annex 15.02, the terms of reference shall so indicate.
Model Rules of Procedure. Any reference made in these Rules to an Article is a reference to the appropriate Article in Chapter 14 (Consultations and Dispute Settlement).
Model Rules of Procedure. 1. Unless the Parties otherwise agree, the panel shall conduct its proceedings in accordance with the model rules of procedure set out in Annex 23A, which shall ensure:
(a) a right to at least one hearing before the panel;
(b) an opportunity for each Party to provide initial and rebuttal written submissions; and
(c) that hearings before the panel, deliberations, as well as all submissions and communications exchanged during the hearings, are confidential.
2. The Joint Commission may amend or modify, when it considers necessary, the model rules of procedure set out in Annex 23A.
3. Unless otherwise agreed by the Parties within 10 days of the establishment of the panel, the terms of reference shall be: “To examine, in light of the relevant provisions of this Agreement, the matter referred to in the panel request and issue the report.”
4. Panelists fees and other expenses related to the procedure shall be borne by the Parties to the dispute in equal shares.
5. The location of hearings shall alternate between the territories of the Parties. The first hearing will take place in the territory of the Party complained against.
6. Written submissions, oral arguments or presentations at the hearing, panel report, as well as all other written or oral communications between the Parties and the panel, related to panel proceedings, shall be conducted in English.
Model Rules of Procedure. [Unless otherwise agreed by the Parties to the dispute,] the proceedings before the neutral panel shall be governed by the Model Rules of Procedure established in Annex XX.
Model Rules of Procedure. The procedure before the panel shall be conducted in accordance with the Model Rules of Procedure, unless otherwise provided for in this Agreement. The disputing Parties may agree on different rules to be applied by the panel.
