Common use of Procedures of the Arbitration Panel Clause in Contracts

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.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

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Procedures of the Arbitration Panel. 1. Unless otherwise specified in this Agreement or agreed between the parties to the disputedispute otherwise agree, the procedures procedure of the arbitration panel shall be governed by conducted in accordance with the Arbitrational Rules, mutatis mutandisRules of Procedure set out in Annex 12.A (Rules of Procedure for the Arbitration Panel Proceedings). 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 Agreement, interpreted in accordance with the rules of interpretation of public international law. 3. The language venue for the proceedings of any proceedings the arbitration panel shall be Englishdecided by mutual agreement between the parties to the dispute. Unless the Parties otherwise agreeIf there is no agreement, the hearings venue for the proceedings of the arbitration shall be held in the capital city of the EFTA State complained against where against, if the complaining Party is the Republic of TurkeyIndia, or and in AnkaraIndia, where if the complaining Party is an EFTA State. 4. If there are more than one EFTA State complained against, the hearings The language of any proceeding shall be held in GenevaEnglish. 5. The hearings of the arbitration panels panel shall be closed open to the public. The Parties may decide to open , if the hearings partially or completely parties to the publicdispute mutually agree. 46. There shall be no ex parte communications with the arbitration panel concerning matters under its consideration. 57. All documents or information submitted A Party’s written submissions, written versions of oral statements and responses to questions put by a Party to the an arbitration panel, shall, at the same timetime as they are submitted to the arbitration panel, be transmitted by that Party to the other party to the dispute. 68. The arbitration panel and the Parties shall treat as confidential the information submitted by any other Party to the arbitration panel which that Party has been designated as confidential by the Party submitting the informationconfidential. 79. The Decisions of the arbitration panel shall make be taken by a majority of its decisions, including panel reports, by consensus or by majority vote when consensus cannot be reachedmembers. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall may not disclose which members are associated with majority or minority opinions.

Appears in 2 contracts

Samples: Trade and Economic Partnership Agreement, Trade and Economic Partnership Agreement

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 the Arbitrational 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 the light of the relevant provisions of this Agreement interpreted in accordance with the rules of interpretation of public international law. 3. Unless the parties to the dispute agree otherwise, the hearings of the arbitration panel shall take place in Geneva. The language of any proceedings proceeding 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 panel shall be closed open to the public. The Parties may decide to open public unless the hearings partially or completely parties to the publicdispute agree otherwise. 4. There shall be no ex parte communications with the arbitration panel concerning matters under its consideration. 5. All documents or information submitted A Party’s written submissions, written versions of oral statements and responses to questions put by a Party to the an arbitration panel, shall, at the same timetime as it is submitted to the arbitration panel, be transmitted by that Party to the other party to the disputedispute and any other Party that has delivered a notice pursuant to paragraph 6 of Article 9.4. 6. The arbitration panel and the Parties shall treat as confidential the information submitted by any other Party to the arbitration panel which that Party has been designated as confidential by the Party submitting the informationconfidential. 7. The Decisions of the arbitration panel shall make be taken by a majority of its decisions, including panel reports, by consensus or by majority vote when consensus cannot be reachedmembers. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall may not disclose which members are associated with majority or minority opinions.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

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 Optional Rules, mutatis mutandis.mutandis.16 2. The arbitration panel shall examine the matter referred to it in the request for the establishment of an arbitration panel 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. 16 The following articles of the Optional Rules shall not apply: Article 26 (Interim Measures of Protection), Article 35 (Interpretation of the Award) and Article 37 (Additional Award). 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. Unless the Parties otherwise agree, 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 capital city of the EFTA State complained against where the complaining Party is the Republic of TurkeyThe Hague, 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 publicNetherlands. 46. There shall be no ex parte communications communication with the arbitration panel concerning matters under its consideration. 57. 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. 68. 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. 79. The Decisions of the arbitration panel shall make be taken by a majority of its decisionsmembers, including panel reports, by consensus or by majority vote when if 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. 10. The costs of arbitration shall be borne by the parties to the dispute in equal shares.

Appears in 1 contract

Samples: Comprehensive Economic Partnership Agreement

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 the Arbitrational 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 the light of the relevant provisions of this Agreement interpreted in accordance with the rules of interpretation of public international law. 3. Unless the parties to the dispute agree otherwise, the hearings of the arbitration panel shall take place in Geneva. The language of any proceedings proceeding 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 panel shall be closed open to the public. The Parties may decide to open public unless the hearings partially or completely parties to the publicdispute agree otherwise. 4. There shall be no ex parte communications with the arbitration panel concerning matters under its consideration. 5. All documents or information submitted A Party’s written submissions, written versions of oral statements and responses to questions put by a Party to the an arbitration panel, shall, at the same timetime as it is submitted to the arbitration panel, 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 by other Party to the arbitration panel which that Party has been designated as confidential by the Party submitting the informationconfidential. 7. The Decisions of the arbitration panel shall make be taken by a majority of its decisions, including panel reports, by consensus or by majority vote when consensus cannot be reachedmembers. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall may not disclose which members are associated with majority or minority opinions.

Appears in 1 contract

Samples: Free Trade Agreement

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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 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 the 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. 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 panel shall be closed for the duration of any discussion of confidential information. Otherwise, the hearing shall be open to the public. The Parties may decide to open , unless the hearings partially or completely parties to the publicdispute decide otherwise. 4. There shall be no ex parte communications with the arbitration panel concerning matters under its consideration. 5. All documents or information submitted A Party’s written submissions, written versions of oral statements and responses to questions put by a Party to the an arbitration panel, shall, at the same timetime as it is submitted to the arbitration panel, 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 panel, which has been designated as confidential by the Party submitting the information. 7. The Decisions of the arbitration panel shall make be taken by a majority of its decisions, including panel reports, by consensus or by majority vote when consensus cannot be reachedarbitrators. Any member arbitrator may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall not disclose which members arbitrator are associated with majority or minority opinions.

Appears in 1 contract

Samples: Comprehensive Economic Partnership Agreement

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 the Arbitrational 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 the light of the relevant provisions of this Agreement interpreted in accordance with the rules of interpretation of public international law. 3. Unless the parties to the dispute agree otherwise, the hearings of the arbitration panel shall take place in Geneva. The language of any proceedings proceeding 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 panel shall be closed open to the public. The Parties may decide to open public unless the hearings partially or completely parties to the publicdispute agree otherwise. 4. There shall be no ex parte communications with the arbitration panel concerning matters under its consideration. 5. All documents or information submitted A Party's written submissions, written versions of oral statements and responses to questions put by a Party to the an arbitration panel, shall, at the same timetime as it is submitted to the arbitration panel, be transmitted by that Party to the other party to the disputedispute and any other Party that has delivered a notice pursuant to paragraph 6 of Article 9.4. 6. The arbitration panel and the Parties shall treat as confidential the information submitted by any other Party to the arbitration panel which that Party has been designated as confidential by the Party submitting the informationconfidential. 7. The Decisions of the arbitration panel shall make be taken by a majority of its decisions, including panel reports, by consensus or by majority vote when consensus cannot be reachedmembers. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall may not disclose which members are associated with majority or minority opinions.

Appears in 1 contract

Samples: Free Trade Agreement

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