Common use of Model Rules of Procedure Clause in Contracts

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. 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 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. 1. Upon the entry into force of this Agreement, the The Commission shall establish establish, by 1 October 1998 at the latest, Model Rules of Procedure Procedure, in accordance with the following principles: : (a) the procedures shall ensure the assure a right to at least one hearing before the arbitral panel and an as well as the opportunity for each disputing Party to provide initial and rebuttal written submissions; and and (b) the hearing before the arbitral panel's hearings, the deliberations and the preliminary initial report, as well as and all the writings written submissions to and communications presented in it with the panel 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. The Commission may amend from time to time the Model Rules of Procedure referred to in paragraph 1. 4. Unless the disputing Parties otherwise agree, agree within twenty (20) 20 days from the date of receipt the delivery of the request for the establishment of the arbitral panel, the terms of reference shall be: "To examine, in the light of the relevant provisions of this the Agreement, the matters submitted matter referred to the Commission, as set out in the request for its consideration a Commission meeting, and to make findings, decisions, and recommendations as provided issue the reports referred to in Articles 15.13 (2) 18-13 and 15.1418-14.". 45. If a the complaining Party claims wishes to argue that a matter causes nullification has nullified or impairment of benefits referred to in Annex 15.02impaired benefits, the terms of reference shall so indicate. 56. When If a disputing Party requests that wishes the arbitral panel makes to make findings on as to the extent degree of the adverse trade effects brought upon by the on a Party of any measure adopted by the other disputing Party and it is considered by the disputing Party as inconsistent found not to conform with the Agreement, obligations of the Agreement or that the measure has to have caused nullification or impairment in the sense of Annex 15.0218- 02, the terms of reference shall so indicate.