Common use of Procedures of the Arbitration Panel Clause in Contracts

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 Parties to the dispute in equal shares.

Procedures of the Arbitration Panel. 1. Unless otherwise specified in this Agreement or agreed between 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 parties to the dispute, the proceedings, hearings and deliberations, procedures of 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 panel shall be kept confidential.governed by the Optional Rules, mutatis mutandis.14 42. Unless the Parties to the dispute otherwise agree within 20 days from the date of receipt of the request for the establishment of the The arbitration panel, the terms of reference panel shall be: “To examine, in the light of the relevant provisions of this Agreement, examine the matter referred to it 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 in the reasons therefore as well as recommendations, if any, for the resolution light of the dispute and the implementation of the ruling.” 5. The arbitration panel shall make its ruling based on the relevant provisions of this Agreement, applied and Agreement interpreted in accordance with the rules of interpretation of public international law as laid down in law. 3. The parties to the Vienna Convention dispute shall decide on the Law language of Treatiesthe dispute. If there is no agreement it shall be decided by the arbitration panel. The rulings cannot add hearings of the arbitration panel shall be open to the public, unless the parties to the dispute decide otherwise or diminish the rights and obligations provided arbitral panel decides to close the hearing for the duration of any discussion of confidential information. 4. The location of any hearing of the arbitration panel, if it is held in person, shall be decided by mutual agreement of the provisions of this Agreementparties to the dispute, failing which, it shall be held in The Hague, The Netherlands. 5. There shall be no ex parte communications with the arbitration panel concerning matters under its consideration. 6. A Party’s written submissions, written versions of oral statements and responses to questions put by an 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. 7. 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. 8. Decisions of the arbitration panel shall be taken by a majority of its members if consensus can not be reachedmembers. Any member may furnish separate opinions on matters not unanimously agreed. No The arbitration panel may shall not disclose which members are associated with majority or minority opinions. 79. The expenses costs of the arbitration panel, including the remuneration of its members, shall be borne by the Parties parties to the dispute in equal shares. 10. Each Party’s individual costs, including administration costs and other costs related to the preparation and the carrying out of the proceedings, shall be borne by each Party.

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 XVthat shall be adopted at the first meeting of the Joint Committee. Pending the adoption of those rules, the arbitration panel shall regulate its own procedures, unless the Parties to the dispute agree otherwise. 2. Notwithstanding paragraph 1, the procedures for all arbitration panel proceedings the procedures 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, subject to any requirements of confidentiality; and (d) hearings can be opened to the public if both Parties agree in writing. 3. Unless otherwise agreed by the Parties to the disputehearings, the proceedings, hearings and deliberations, the initial report and all written submissions as well as all information not publicly available that is disclosed during to and communications with the 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 panel be kept confidential. 43. Unless the Parties to the dispute otherwise agree within 20 days from the date of receipt 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 this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 8.4 9.4 and to make findings of law and fact together with the reasons therefore therefor as well as recommendations, if any, for the resolution of the dispute and the implementation of the rulingdispute.” 4. 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. 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 Agreementlaw. 6. Decisions of the arbitration panel shall be taken by a majority of its members if consensus can not be reachedmembers. 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 Parties to the dispute in equal shares.

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 XVthat shall be adopted at the first meeting of the Joint Committee. Pending the adoption of such rules, the arbitration panel shall regulate its own procedures, unless the Parties to the dispute agree otherwise. 2. Notwithstanding paragraph 1, the procedures for all arbitration panel proceedings the procedures 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 shall 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, subject to any requirements on confidentiality; and (d) hearings can be opened to the public if both Parties agree in writing. 3. Unless otherwise agreed by the Parties to the disputehearings, the proceedings, hearings deliberations and deliberations, the initial report and all written submissions as well as all information not publicly available that is disclosed during to and communications with the 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 panel be kept confidential. 43. Unless the Parties to the dispute otherwise agree within 20 days from the date of receipt 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 this the Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 8.4 59 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 rulingdispute.” 4. 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. 5. The arbitration panel shall make its ruling award 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 Agreementlaw. 6. Decisions of the arbitration panel shall be taken by a majority of its members if consensus can not be reachedmembers. Any member Panellists may furnish separate opinions on matters not unanimously agreed. No arbitration panel may disclose which members panellists 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 Parties to the dispute in equal shares.

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 XVthat shall be adopted at the first meeting of the Joint Committee. Pending the adoption of those rules, the arbitration panel shall regulate its own procedures, unless the Parties to the dispute agree otherwise. 2. Notwithstanding paragraph 1, the procedures for all arbitration panel proceedings the procedures 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, subject to any requirements of confidentiality; and (d) hearings can be opened to the public if both Parties agree in writing. 3. Unless otherwise agreed by the Parties to the disputehearings, the proceedings, hearings and deliberations, the initial report and all written submissions as well as all information not publicly available that is disclosed during to and communications with the 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 panel be kept confidential. 43. Unless the Parties to the dispute otherwise agree within 20 days from the date of receipt 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 this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 8.4 9.4 and to make findings of law and fact together with the reasons therefore therefor as well as recommendations, if any, for the resolution of the dispute." 4. At the request of a Party to the dispute or on its own initiative, the arbitration panel may seek scientific information and the implementation of the rulingtechnical advice from experts as it deems appropriate.” 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 Agreementlaw. 6. Decisions of the arbitration panel shall be taken by a majority of its members if consensus can not be reachedmembers. 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 Parties to the dispute in equal shares.

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 XVthat shall be adopted at the first meeting of the Joint Committee. Pending the adoption of such rules, the arbitration panel shall regulate its own procedures, unless the Parties to the dispute agree otherwise.15 15 Model rules of procedure were adopted by Joint Committee Decision No. 2 of 2004 (26 May 2004). 2. Notwithstanding paragraph 1, the procedures for all arbitration panel proceedings the procedures 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 shall 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, subject to any requirements on confidentiality; and (d) hearings can be opened to the public if both Parties agree in writing. 3. Unless otherwise agreed by the Parties to the disputehearings, the proceedings, hearings deliberations and deliberations, the initial report and all written submissions as well as all information not publicly available that is disclosed during to and communications with the 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 panel be kept confidential. 43. Unless the Parties to the dispute otherwise agree within 20 days from the date of receipt 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 this the Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 8.4 59 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 rulingdispute.” 4. 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. 5. The arbitration panel shall make its ruling award 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 Agreementlaw. 6. Decisions of the arbitration panel shall be taken by a majority of its members if consensus can not be reachedmembers. Any member Panellists may furnish separate opinions on matters not unanimously agreed. No arbitration panel may disclose which members panellists 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 Parties to the dispute in equal shares.

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 XVthat shall be adopted at the first meeting of the Joint Committee. Pending the adoption of such rules, the arbitration panel shall regulate its own procedures, unless the Parties to the dispute agree otherwise. 2. Notwithstanding paragraph 1, the procedures for all arbitration panel proceedings the procedures 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 shall 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, subject to any requirements on confidentiality; and (d) hearings can be opened to the public if both Parties agree in writing. 3. Unless otherwise agreed by the Parties to the disputehearings, the proceedings, hearings deliberations and deliberations, the initial report and all written submissions as well as all information not publicly available that is disclosed during to and communications with the 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 panel be kept confidential. 43. Unless the Parties to the dispute otherwise agree within 20 days from the date of receipt 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 this the Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to t o Article 8.4 59 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 rulingdispute.” 4. 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. 5. The arbitration panel shall make its ruling award 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 Agreementlaw. 6. Decisions of the arbitration panel shall be taken by a majority of its members if consensus can not be reachedmembers. Any member Panellists may furnish separate opinions on matters not unanimously agreed. No arbitration panel may disclose which members panellists 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 Parties to the dispute in equal shares.

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.that shall be adopted at the first meeting of the Joint Committee. Pending the adoption of such rules, the arbitration panel shall regulate its own procedures, unless the Parties to the dispute agree otherwise. (15) 2. Notwithstanding paragraph 1, the procedures for all arbitration panel proceedings the procedures 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 shall 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, subject to any requirements on confidentiality; and (d) hearings can be opened to the public if both Parties agree in writing. 3. Unless otherwise agreed by the Parties to the disputehearings, the proceedings, hearings deliberations and deliberations, the initial report and all written submissions as well as all information not publicly available that is disclosed during to and communications with the 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 panel be kept confidential. 43. Unless the Parties to the dispute otherwise agree within 20 days from the date of receipt 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 this the Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 8.4 59 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." 4. At the request of a Party to the dispute or on its own initiative, the arbitration panel may seek scientific information and the implementation of the rulingtechnical advice from experts as it deems appropriate.” 5. The arbitration panel shall make its ruling award 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 Agreementlaw. 6. Decisions of the arbitration panel shall be taken by a majority of its members if consensus can not be reachedmembers. Any member Panellists may furnish separate opinions on matters not unanimously agreed. No arbitration panel may disclose which members panellists 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 Parties to the dispute in equal shares.

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 Parties to the dispute in equal shares.

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 XVthat shall be adopted at the first meeting of the Joint Committee. Pending the adoption of such rules, the arbitration panel shall regulate its own procedures, unless the Parties to the dispute agree otherwise.14 14 Model rules of procedure were adopted by Joint Committee Decision No. 2 of 2004 (26 May 2004). 2. Notwithstanding paragraph 1, the procedures for all arbitration panel proceedings the procedures 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 shall 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, subject to any requirements on confidentiality; and (d) hearings can be opened to the public if both Parties agree in writing. 3. Unless otherwise agreed by the Parties to the disputehearings, the proceedings, hearings deliberations and deliberations, the initial report and all written submissions as well as all information not publicly available that is disclosed during to and communications with the 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 panel be kept confidential. 43. Unless the Parties to the dispute otherwise agree within 20 days from the date of receipt 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 this the Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 8.4 59 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 rulingdispute.” 4. 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. 5. The arbitration panel shall make its ruling award 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 Agreementlaw. 6. Decisions of the arbitration panel shall be taken by a majority of its members if consensus can not be reachedmembers. Any member Panellists may furnish separate opinions on matters not unanimously agreed. No arbitration panel may disclose which members panellists 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 Parties to the dispute in equal shares.

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 therefor 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 Parties to the dispute in equal shares.