Procedures of the Arbitration Panel. 1. Unless the Parties to the dispute agree otherwise, the arbitration panel proceedings shall be conducted in accordance with this Chapter and the Model Rules of Procedure as set out in Annex XV.
2. Notwithstanding paragraph 1, the procedures for all arbitration panel proceedings shall ensure that:
(a) the Parties to the dispute have the right to at least one hearing before the arbitration panel as well as the opportunity to provide initial and rebuttal written submissions;
(b) the Parties to the dispute be invited to all the hearings held by the arbitration panel;
(c) all submissions and comments made to the arbitration panel be available to the Parties to the dispute; and
(d) hearings can be opened to the public if both Parties agree in writing.
3. Unless otherwise agreed by the Parties to the dispute, the proceedings, hearings and deliberations, the initial report and all written submissions as well as all information not publicly available that is disclosed during arbitration shall remain confidential. Regardless of any such an agreement, information designated as confidential by a third Party referred to in paragraph 4 of Article 8.4 shall be kept confidential.
4. Unless the Parties to the dispute otherwise agree within 20 days from the date of receipt of the request for the establishment of the arbitration panel, the terms of reference shall be: “To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 8.4 and to make findings of law and fact together with the reasons therefore as well as recommendations, if any, for the resolution of the dispute and the implementation of the ruling.”
5. The arbitration panel shall make its ruling based on the provisions of this Agreement, applied and interpreted in accordance with the rules of interpretation of public international law as laid down in the Vienna Convention on the Law of Treaties. The rulings cannot add to or diminish the rights and obligations provided in the provisions of this Agreement.
6. Decisions of the arbitration panel shall be taken by a majority of its members if consensus can not be reached. Any member may furnish separate opinions on matters not unanimously agreed. No arbitration panel may disclose which members are associated with majority or minority opinions.
7. The expenses of the arbitration panel, including the remuneration of its members, shall be borne by the Parti...
Procedures of the Arbitration Panel. 1. Unless otherwise specified in this Agreement or agreed between the parties to the dispute, the procedures of the panel shall be governed by the Optional Rules, mutatis mutandis.
2. The arbitration panel shall examine the matter referred to it in the request for the establishment of an arbitration panel in light of the relevant provisions of this Agreement interpreted in accordance with the customary rules of interpretation of public international law.
3. The language of any proceedings shall be English. The hearings of the arbitration panel shall be open to the public, unless the parties to the dispute agree otherwise.
4. There shall be no ex parte communication with the arbitration panel concerning matters under its consideration.
5. A Party's written submissions, any written versions of oral statements and responses to questions put by the arbitration panel, shall, at the same time as it is submitted to the arbitration panel, be transmitted by that Party to the other party to the dispute.
6. The Parties shall treat as confidential the information submitted to the arbitration panel which has been designated as confidential by the Party submitting the information.
7. Decisions of the arbitration panel shall be taken by a majority of its members. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall not disclose which members are associated with majority or minority opinions.
Procedures of the Arbitration Panel. 1. Unless otherwise specified in this Agreement or agreed between the parties to the dispute, the procedures of the panel shall be governed by the Arbitrational Rules, mutatis mutandis.
2. The arbitration panel shall examine the matter referred to it in the request for the establishment of an arbitration panel in the light of the relevant provisions of this Agreement interpreted in accordance with the rules of interpretation of public international law.
3. The language of any proceedings shall be English. Unless the Parties otherwise agree, the hearings shall be held in the capital city of the EFTA State complained against where the complaining Party is the Republic of Turkey, or in Ankara, where the complaining Party is an EFTA State. If there are more than one EFTA State complained against, the hearings shall be held in Geneva. The hearings of the arbitration panels shall be closed to the public. The Parties may decide to open the hearings partially or completely to the public.
4. There shall be no ex parte communications with the arbitration panel concerning matters under its consideration.
5. All documents or information submitted by a Party to the arbitration panel, shall, at the same time, be transmitted by that Party to the other party to the dispute.
6. The arbitration panel and the Parties shall treat as confidential the information submitted to the arbitration panel which has been designated as confidential by the Party submitting the information.
7. The arbitration panel shall make its decisions, including panel reports, by consensus or by majority vote when consensus cannot be reached. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall not disclose which members are associated with majority or minority opinions.
Procedures of the Arbitration Panel. 1. Unless the Parties to the dispute agree otherwise, the arbitration panel proceedings shall be conducted in accordance with the Model Rules of Procedure set out at Annex XVII.
2. Unless the Parties to the dispute otherwise agree within 10 days from the date of delivery of the request for the establishment of the arbitration panel, the terms of reference shall be: "To examine, in the light of the relevant provisions of the Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 91 and to make findings of law and fact together with the reasons therefore for the resolution of the dispute.”
3. At the request of a Party to the dispute or on its own initiative, the arbitration panel may seek scientific information and technical advice from experts as it deems appropriate. Any information so obtained shall be submitted to the Parties for comments.
4. The arbitration panel shall make its ruling based on the provisions of this Agreement, in particular in the light of its objectives as set out in Article 2, applied and interpreted in accordance with the rules of interpretation of public international law.
5. Decisions of the arbitration panel shall be taken by a majority of its members. Arbitrators may furnish separate opinions on matters not unanimously agreed. No arbitration panel may disclose which arbitrators are associated with majority or minority opinions.
6. The expenses of the arbitration panel, including the remuneration of its members, shall be borne by the Parties to the dispute in equal shares.
Procedures of the Arbitration Panel. 1. Unless the Parties agree otherwise, the arbitration panel proceedings shall be conducted in accordance with the Rules of Procedure set out in Annex X.
2. The arbitration panel shall, apart from the rules set out in this Article, regulate its own procedures in relation to the rights of the Parties to be heard and its deliberations in consultation with the Parties.
3. The arbitration panel shall strive to take its decisions by consensus. If it is unable to reach consensus, it may take its decisions by majority vote. Panelists may furnish separate opinions on matters not unanimously agreed. The arbitration panel may not disclose which members are associated with majority or minority opinions.
Procedures of the Arbitration Panel. 1. Unless otherwise specified in this Agreement or agreed between the Parties to the dispute, the procedures of the arbitration panel shall be governed by Model Rules of Procedures which shall be adopted by the Joint Committee within one year from the date of entry into force of this Agreement.
2. The arbitration panel shall examine the matter referred to it in the request for the establishment of an arbitration panel in light of the relevant provisions of this Agreement interpreted in accordance with rules of interpretation of public international law.
3. Unless the Parties to the dispute agree otherwise, the arbitration panel shall decide on the place of the hearings. The hearings of the arbitration panel shall be open to the public, unless the Parties to the dispute agree otherwise.
4. Decisions of the arbitration panel shall be taken by a majority of the members. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall not disclose which members are associated with majority or minority opinions.
5. The arbitration panel may, at the request of any Party to the dispute, allow one or more Parties to be joined in the arbitration as a Party to the dispute, unless the arbitration panel finds, after giving all Parties, including the Party to be joined, the opportunity to be heard, that joinder should not be permitted because of prejudice to any of those Parties. The arbitration panel may give a single ruling or several rulings in respect of all Parties so involved in the arbitration.
Procedures of the Arbitration Panel. 1. Unless the Parties to the dispute agree otherwise, the arbitration panel proceedings shall be conducted in accordance with this Chapter and the Model Rules of Procedure as set out in Annex XV. 2. Notwithstanding paragraph 1, the procedures for all arbitration panel proceedings shall ensure that: (a) the Parties to the dispute have the right to at least one hearing before the arbitration panel as well as the opportunity to provide initial and rebuttal written submissions; (b) the Parties to the dispute be invited to all the hearings held by the arbitration panel; (c) all submissions and comments made to the arbitration panel be available to the Parties to the dispute; and (d) hearings can be opened to the public if both Parties agree
Procedures of the Arbitration Panel. 1. Unless otherwise provided in this Agreement or agreed between the disputing parties, the procedures of the arbitration panel shall be governed by the Rules of Procedure.
2. Hearings may be held in person or by any technological means decided by mutual agreement of the disputing parties. The location of any hearing of the
3. The hearings of the arbitration panel shall be open to the public, unless the disputing parties decide otherwise or the arbitration panel decides to close the hearing for the duration of any discussion of confidential information.
4. The Parties shall treat as confidential the information submitted to the arbitration panel which has been designated as such by the Party submitting the information.
Procedures of the Arbitration Panel. 1. Unless otherwise specified in this Agreement or agreed between the parties to the dispute, the procedures of the panel shall be governed by the Optional Rules, mutatis mutandis.
2. The arbitration panel shall examine the matter referred to it in the request for the establishment of an arbitration panel, in conformity with the terms of reference and in light of the relevant provisions of this Agreement interpreted in accordance with the rules of interpretation of public international law.
3. The arbitration panel shall establish its working schedule allowing the parties to the dispute adequate time to comply with all steps of the proceedings.
4. The language of any proceedings shall be English, and the hearings of the arbitration panel shall be open to the public, unless the parties to the dispute agree otherwise.
5. The location of any hearing of the arbitration panel shall be decided by mutual agreement of the parties to the dispute, failing which, it shall be held in The Hague, The Netherlands.
6. There shall be no ex parte communication with the arbitration panel concerning matters under its consideration.
7. All documents or information submitted by a Party to the arbitration panel, shall, at the same time, be transmitted by that Party to the other party to the dispute.
8. The Parties shall treat as confidential the information submitted to the arbitration panel which has been designated as confidential by the Party submitting the information.
9. Decisions of the arbitration panel shall be taken by a majority of its members, if consensus cannot be reached. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall disclose which members are associated with majority or minority opinions.
10. The costs of arbitration shall be borne by the parties to the dispute in equal shares.
Procedures of the Arbitration Panel. 1. Unless otherwise provided in this Agreement or agreed between the disputing parties, the procedures of the arbitration panel shall be governed by the Rules of Procedure.
2. Hearings may be held in person or by any technological means decided by mutual agreement of the disputing parties. The location of any hearing of the
3. The hearings of the arbitration panel shall be open to the public, unless the disputing parties decide otherwise or the arbitration panel decides to close the hearing for the duration of any discussion of confidential information.
4. The Parties shall treat as confidential the information submitted to the arbitration panel which has been designated as such by the Party submitting the information.
