Common use of Panel Proceedings Clause in Contracts

Panel Proceedings. ‌ 1. Except as otherwise specifically provided in this Part, the panel shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules. 2. Following a panel request under Article 26(2), any non-disputant Party may, on delivery of written notice to the disputants, with a copy to the administrator, participate in the proceeding as an intervener and attend all hearings, make written and oral submissions to the panel and receive the written submissions of the disputants. Subject to Article 26(9), any such notice must be delivered within 15 days of the date of delivery of the panel request under Article 26(2), failing which the non-disputant Party shall not participate further in the proceeding. 3. Within 7 days of the panel being established, the complainant, if a person, will provide to the administrator and the other disputant a copy of the notice, if any, issued under Article 25(4). 4. Subject to the requirements of this Part, the panel shall determine the manner in which it intends to proceed and, through the administrator, shall so notify the participants. 5. Without prejudice to a panel’s authority to address other objections as preliminary questions, a panel shall address and decide as a preliminary question any objection by the responding Party that the matter under dispute is not one for which an award in favour of the complainant may be made under this Agreement. 6. Subject to Article 7(4) and any concerns relating to confidential information, panel hearings shall be open to the public, and the panel shall determine, in consultation with the participants, the appropriate logistical arrangements therefor. 7. The hearing of the matter shall take place within 45 days of the establishment of the panel under Article 26 and shall take place at a location within the territory of the responding Party, as determined by the panel. 8. On agreement of the disputants, the panel process may be terminated at any time prior to the issuance of the panel’s final report. 9. The panel shall, within 45 days of hearing the dispute, issue a report to the participants that contains: (a) findings of fact; (b) rulings on any applicable interpretations and whether the measure at issue is or would be inconsistent with this Agreement; (c) any findings as to the possible economic effect of the measure; (d) recommendations, if any, to resolve the dispute; and (e) specification of a reasonable period of time for implementation of the panel’s recommendations, which shall be no longer than one year from the issuance of the report. 10. Within 10 days of the delivery of the panel report to the participants, any disputant with notice to the other participants, may request in writing to the administrator that the panel clarify or reconsider any part of the panel report. If no such request is received by the administrator within that 10-day period, the panel’s report will be considered to be final. 11. Within 5 days of delivery of a request to the administrator under paragraph 10, the other participants may provide a response thereto to the administrator. The panel shall, within 15 days of delivery of the initial request to the administrator, provide the requested clarification or rule on the requested reconsideration. Thereafter, the panel’s report, including any clarification or reconsideration thereof issued by the panel, will be considered to be final. 12. The final report of the panel is binding on the disputants and, subject to Article 7(4) and any concerns relating to confidential information, shall be made public.

Panel Proceedings. ‌ 1. Except as otherwise specifically provided in this Part, the panel shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules. 2. Following a panel request under Article 26(2), any non-disputant Party may, on delivery of written notice to the disputants, with a copy to the administrator, participate in the proceeding as an intervener and attend all hearings, make written and oral submissions to the panel and receive the written submissions of the disputants. Subject to Article 26(9), any such notice must be delivered within 15 days of the date of delivery of the panel request under Article 26(2), failing which the non-disputant Party shall not participate further in the proceeding. 3. Within 7 days of the panel being established, the complainantcomplainant will also provide to the administrator a copy of the request for consultations issued under Article 25(6) and, if that complainant is a person, that person will provide to the administrator and the other disputant a copy of the notice, if any, issued under Article 25(4). 43. Subject to the requirements of this Part, the panel shall determine the manner in which it intends to proceed and, through the administrator, shall so notify the participantsdisputants. 4. In a dispute where one of the disputants is a person, the non-disputing Party may make oral and written submissions to the panel regarding the interpretation of this Agreement. 5. Without prejudice to a panel’s 's authority to address other objections as preliminary questions, a panel shall address and decide as a preliminary question any objection by the responding Party that the matter under dispute is not one for which an award in favour of the complainant may be made under this Agreement. 6. Subject to Article 7(4) and any concerns relating to confidential information, panel hearings shall be open to the public, and the panel shall determine, in consultation with the participantsdisputants, the appropriate logistical arrangements therefor. 7. The hearing of the matter shall take place within 45 days of the establishment of the panel under Article 26 and shall take place at a location within the territory of the responding Party, as determined by the panel. 8. On agreement of the disputants, the panel process may be terminated at any time prior to the issuance of the panel’s 's final report. 9. The panel shall, within 45 days of hearing the dispute, issue a report to the participants disputants that contains: (a) findings of fact; (b) rulings on any applicable interpretations and whether the measure at issue is or would be inconsistent with this Agreement; (c) any findings as to the possible economic effect of the measure; (d) recommendations, if any, to resolve the dispute; and (e) specification of a reasonable period of time for implementation of the panel’s 's recommendations, which shall be no longer than one year from the issuance of the report. 10. Within 10 days of the delivery of the panel report to the participantsdisputants, any disputant either disputant, with notice to the other participantsdisputant, may request in writing to the administrator that the panel clarify or reconsider any part of the panel report. If no such request is received by the administrator within that 10-day period, the panel’s 's report will be considered to be final. 11. Within 5 days of delivery of a request to the administrator under paragraph 10, the other participants disputant may provide a response thereto to the administrator. The panel shall, within 15 days of delivery of the initial request to the administrator, provide the requested clarification or rule on the requested reconsideration. Thereafter, the panel’s 's report, including any clarification or reconsideration thereof issued by the panel, will be considered to be final. 12. The final report of the panel is binding on the disputants and, subject to Article 7(4) and any concerns relating to confidential information, shall be made public.

Panel Proceedings. ‌ 1. Except as otherwise specifically provided in this Part, Following delivery of the panel shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules. 2. Following a panel request under Article 26(2), any non-disputant Party may, on delivery of by delivering a written notice to the disputants, with a copy to the administrator, participate in the proceeding as an intervener intervenor and attend all hearings, make written and oral submissions to the panel and receive the written submissions of the disputants. Subject to Article 26(9), any Any such notice must be delivered within 15 days of the date of delivery of the panel request under Article 26(2), failing which the non-disputant Party shall not participate further in the proceeding. 2. If at any time prior to the hearing, one or more additional requests under Article 26(2) are received by the administrator relating to the same measure, the proceedings shall thereafter be consolidated into one proceeding. In the event of a consolidation of proceedings, the panel may adjust the remaining time periods accordingly. 3. A non-disputant person who wishes to make submissions in a proceeding may deliver a written request to do so to the administrator within 15 days of delivery of the panel request to the administrator under Article 26(2). Participation in a proceeding by a non-disputant person is at the discretion of the panel, and in all cases shall be limited to written submissions. Government entities may not submit requests to participate under this paragraph. 4. Within 7 seven days of the panel being establishedestablished under Article 26(6) or 26(7), the complainant, if a person, will provide deliver to the administrator and the other disputant a copy of the notice, if any, issued under Article 25(425(3). 45. Subject to the requirements of this PartPart IV(A), the panel shall determine convene a pre-hearing conference to consult with the participants on the manner in which it intends to proceed and, through the administrator, shall so notify the participants. 56. Without prejudice to a panel’s authority to address other objections as preliminary questions, a panel shall address and decide as a preliminary question any objection relating to its jurisdiction or any objection by the responding Party that the matter under dispute is not one for which an award in favour within the scope of the complainant may be made under this Agreement. 67. The complainant shall deliver a written submission to the administrator within 15 days after the panel has been established under Article 26(6) or 26(7). If the complainant fails to deliver its submission in accordance with this paragraph, the dispute shall be automatically terminated. 8. The written submissions of the other participants and non-disputant persons shall be delivered to the administrator within 30 days of the delivery of the complainant’s submission by the administrator. If any other participant or non-disputant person fails to deliver its submission in accordance with this paragraph, the proceeding shall continue and that participant or non-disputant person is thereafter barred from any further participation in the proceeding unless authorized by the panel. 9. Subject to Article 7(4) and any concerns relating to confidential information, panel hearings shall be open to the public, and the panel shall determine, in consultation with the participants, the appropriate logistical arrangements therefor. 710. The oral hearing of the matter shall take place within 45 no sooner than 21 days of following the establishment of the panel delivery deadline provided under Article 26 paragraph 8 and shall take place at a location within the territory of the responding Party, as determined by the panel. 811. No later than 15 days prior to the oral hearing each disputant shall communicate to the administrator the names and roles of the persons in their delegation who will attend the hearing. 12. In establishing time allocations for the oral hearing, the panel shall ensure the participants are each provided with sufficient opportunity to adequately present their case. 13. No further evidence shall be introduced at the oral hearing without the panel’s consent. Where a panel grants such consent, the panel shall permit other participants adequate opportunity to consider and respond to such new evidence. 14. On agreement of the disputants, the panel process may be suspended or terminated at any time prior to the issuance of the panel’s final report. Where proceedings have been suspended by such agreement, any disputant may subsequently apply to have the panel end the suspension and determine the manner in which the panel intends to proceed. The disputants shall deliver written notice of any such agreement or subsequent application to end the suspension to the administrator. 915. The panel shall, within 45 days of hearing the disputeoral hearing, issue a report to the participants that contains: (a) findings of fact; (b) rulings on any applicable interpretations and whether the measure at issue is or would be inconsistent with this Agreement; (c) any findings as to the possible economic effect of the measure; (d) recommendations, if any, to resolve the dispute; and; (e) specification of a reasonable period of time for implementation of the panel’s recommendations, which shall be no longer than one year from the issuance of the report; and (f) determination as to the amount and apportionment of costs as provided for under Article 32. 1016. Within 10 ten days of the delivery of the panel report to the participants, any disputant with notice to the other participants, may request in writing to the administrator that the panel clarify or reconsider any part of the panel report. If no such request is received by the administrator within that 10-ten day period, the panel’s report will be considered to be final. 1117. Within 5 five days of delivery of a request to the administrator under paragraph 1016, the other participants may provide a response thereto to the administrator. The panel shall, within 15 days of delivery of the initial request to the administrator, provide the requested clarification or rule on the requested reconsideration. Thereafter, the panel’s report, including any clarification or reconsideration thereof issued by the panel, will be considered to be final. 1218. The Subject to Article 31, the final panel report of the panel is binding on the disputants and, subject disputants. Subject to Article 7(4) and any concerns relating to confidential information, the final report shall be made public.

Panel Proceedings. ‌ 1. Except as otherwise specifically provided in this Part, Following delivery of the panel shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules. 2. Following a panel request under Article 26(2), any non-disputant Party may, on delivery of by delivering a written notice to the disputants, with a copy to the administrator, participate in the proceeding as an intervener intervenor and attend all hearings, make written and oral submissions to the panel and receive the written submissions of the disputants. Subject to Article 26(9), any Any such notice must be delivered within 15 days of the date of delivery of the panel request under Article 26(2), failing which the non-disputant Party shall not participate further in the proceeding. 2. If at any time prior to the hearing, one or more additional requests under Article 26(2) are received by the administrator relating to the same measure, the proceedings shall thereafter be consolidated into one proceeding. In the event of a consolidation of proceedings, the panel may adjust the remaining time periods accordingly. 3. A non-disputant person who wishes to make submissions in a proceeding may deliver a written request to do so to the administrator within 15 days of delivery of the panel request to the administrator under Article 26(2). Participation in a proceeding by a non-disputant person is at the discretion of the panel, and in all cases shall be limited to written submissions. Government entities may not submit requests to participate under this paragraph. 4. Within 7 seven days of the panel being establishedestablished under Article 26(6) or 26(7), the complainant, if a person, will provide deliver to the administrator and the other disputant a copy of the notice, if any, issued under Article 25(425(3). 45. Subject to the requirements of this PartPart IV(A), the panel shall determine convene a pre-hearing conference to consult with the participants on the manner in which it intends to proceed and, through the administrator, shall so notify the participants. 56. Without prejudice to a panel’s authority to address other objections as preliminary questions, a panel shall address and decide as a preliminary question any objection relating to its jurisdiction or any objection by the responding Party that the matter under dispute is not one for which an award in favour within the scope of the complainant may be made under this Agreement. 67. The complainant shall deliver a written submission to the administrator within 15 days after the panel has been established under Article 26(6) or 26(7). If the complainant fails to deliver its submission in accordance with this paragraph, the dispute shall be automatically terminated. 8. The written submissions of the other participants and non-disputant persons shall be delivered to the administrator within 30 days of the delivery of the complainant’s submission by the administrator. If any other participant or non-disputant person fails to deliver its submission in accordance with this paragraph, the proceeding shall continue and that participant or non-disputant person is thereafter barred from any further participation in the proceeding unless authorized by the panel. 9. Subject to Article 7(4) and any concerns relating to confidential information, panel hearings shall be open to the public, and the panel shall determine, in consultation with the participants, the appropriate logistical arrangements therefor. 710. The oral hearing of the matter shall take place within 45 no sooner than 21 days of following the establishment of the panel delivery deadline provided under Article 26 paragraph 8 and shall take place at a location within the territory of the responding Party, as determined by the panel. 811. No later than 15 days prior to the oral hearing each disputant shall communicate to the administrator the names and roles of the persons in their delegation who will attend the hearing. 12. In establishing time allocations for the oral hearing, the panel shall ensure the participants are each provided with sufficient opportunity to adequately present their case. 13. No further evidence shall be introduced at the oral hearing without the panel’s consent. Where a panel grants such consent, the panel shall permit other participants adequate opportunity to consider and respond to such new evidence. 14. On agreement of the disputants, the panel process may be suspended or terminated at any time prior to the issuance of the panel’s final report. Where proceedings have been suspended by such agreement, any disputant may subsequently apply to have the panel end the suspension and determine the manner in which the panel intends to proceed. The disputants shall deliver written notice of any such agreement or subsequent application to end the suspension to the administrator. 915. The panel shall, within 45 days of hearing the disputeoral hearing, issue a report to the participants that contains: (a) findings of fact; (b) rulings on any applicable interpretations and whether the measure at issue is or would be inconsistent with this Agreement; (c) any findings as to the possible economic effect of the measure; (d) recommendations, if any, to resolve the dispute; and; (e) specification of a reasonable period of time for implementation of the panel’s recommendations, which shall be no longer than one year from the issuance of the report; and (f) determination as to the amount and apportionment of costs as provided for under Article 32. 1016. Within 10 ten days of the delivery of the panel report to the participants, any disputant with notice to the other participants, may request in writing to the administrator that the panel clarify or reconsider any part of the panel report. If no such request is received by the administrator within that 10-ten day period, the panel’s report will be considered to be final. 1117. Within 5 five days of delivery of a request to the administrator under paragraph 1016, the other participants may provide a response thereto to the administrator. The panel shall, within 15 days of delivery of the initial request to the administrator, provide the requested clarification or rule on the requested reconsideration. Thereafter, the panel’s report, including any clarification or reconsideration thereof issued by the panel, will be considered to be final. 1218. The Subject to Article 31, the final panel report of the panel is binding on the disputants and, subject disputants. Subject to Article 7(4) and any concerns relating to confidential information, the final report shall be made public.

Panel Proceedings. ‌ 1. Except as otherwise specifically provided in this Part, the panel shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules. 2. Following a panel request under Article 26(2), any non-disputant Party may, on delivery of written notice to the disputants, with a copy to the administrator, participate in the proceeding as an intervener and attend all hearings, make written and oral submissions to the panel and receive the written submissions of the disputants. Subject to Article 26(9), any such notice must be delivered within 15 days of the date of delivery of the panel request under Article 26(2), failing which the non-disputant Party shall not participate further in the proceeding. 3. Within 7 days of the panel being established, the complainant, if a person, will provide to the administrator and the other disputant a copy of the notice, if any, issued under Article 25(4). 4. Subject to the requirements of this Part, the panel shall determine the manner in which it intends to proceed and, through the administrator, shall so notify the participants. 5. Without prejudice to a panel’s authority to address other objections as preliminary questions, a panel shall address and decide as a preliminary question any objection by the responding Party that the matter under dispute is not one for which an award in favour of the complainant may be made under this Agreement. 6. Subject to Article 7(4) and any concerns relating to confidential information, panel hearings shall be open to the public, and the panel shall determine, in consultation with the participants, the appropriate logistical arrangements therefor. 7. The hearing of the matter shall take place within 45 days of the establishment of the panel under Article 26 and shall take place at a location within the territory of the responding Party, as determined by the panel. 8. On agreement of the disputants, the panel process may be terminated at any time prior to the issuance of the panel’s final report. 9. The panel shall, within 45 days of hearing the dispute, issue a report to the participants that contains: (a) findings of fact; (b) rulings on any applicable interpretations and whether the measure at issue is or would be inconsistent with this Agreement; (c) any findings as to the possible economic effect of the measure; (d) recommendations, if any, to resolve the dispute; and (e) specification of a reasonable period of time for implementation of the panel’s recommendations, which shall be no longer than one year from the issuance of the report. 10. Within 10 days of the delivery of the panel report to the participants, any disputant with notice to the other participants, may request in writing to the administrator that the panel clarify or reconsider any part of the panel report. If no such request is received by the administrator within that 10-day period, the panel’s report will be considered to be final. 11. Within 5 days of delivery of a request to the administrator under paragraph 10, the other participants may provide a response thereto to the administrator. The panel shall, within 15 days of delivery of the initial request to the administrator, provide the requested clarification or rule on the requested reconsideration. Thereafter, the panel’s report, including any clarification or reconsideration thereof issued by the panel, will be considered to be final. 12. The final report of the panel is binding on the disputants and, subject to Article 7(4) and any concerns relating to confidential information, shall be made public.