Common use of Model Rules of Procedure Clause in Contracts

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.

Appears in 5 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Model Rules of Procedure. 1. The procedure before the panel shall be conducted in accordance with the Model Rules of Procedure 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 approve the Model Rules of Procedure Procedure, which shall ensure at least the fulfilment of the following: (a) each disputing Party shall have the right to at least one hearing before the Panelpanel, as well as the opportunity to provide initial and rebuttal written submissions; (b) the hearings before the panel shall will 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 Partyhearings shall be held in Washington DC, 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; (fe) 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; (f) 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; (g) each disputing Party’s individual costs, including the costs for the translation of the written submissions as well as submissions, the disputing Party´s administration costs and 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 However, the panel may however decide that the costs be distributed differently differently, taking into account, inter alia, the particulars of the case and other circumstances that may be deemed relevant.

Appears in 4 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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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 '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.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

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