Proceedings of Arbitral Tribunals. 1 An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and its initial submission to the public. A Party shall treat as confidential information submitted by another Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of view. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The Parties shall make available to the arbitral tribunal a written version of their oral statements. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 shall be made in the presence of the Parties. Moreover, each Party's written submissions, including any comments on the descriptive part of the report and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 The arbitral tribunal shall release to the Parties its findings and rulings in a report on the dispute referred to it within 60 days of its formation. In exceptional cases, the arbitral tribunal may take an additional 10 days to release its report containing its findings and rulings. Within this time period, the arbitral tribunal shall accord adequate opportunity to the Parties to review the report before its release.
Appears in 8 contracts
Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement, Closer Economic Partnership Agreement
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.
2. The reports venue for the proceedings of the arbitral tribunal shall be drafted without decided by mutual agreement between the Parties. If there is no agreement, the venue shall alternate between the capitals of the two countries with the venue of the first sitting to be decided by a draw of lot in the presence of the Parties in the light of the information provided and the statements madeParties.
3. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and or its initial submission submissions to the public. A ; provided that a Party shall treat as confidential information submitted by another the other Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.
4. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.
5. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its casesubmission. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of viewsubmission.
6. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to present its submission first, and shall be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
7. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.
8. The Parties shall make available to the arbitral tribunal a written version of their oral statements.
9. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 6 shall be made in the presence of the Parties. Moreover, each Party's ’s written submissions, including any comments on the descriptive part report, written versions of the report oral statements and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 There shall be no ex parte communications with the arbitral tribunal concerning matters under consideration by it.
10. At the request of a Party to the arbitral proceeding or on its own initiative, the arbitral tribunal may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties to the arbitral proceedings so agree and subject to such terms and conditions as such Parties may agree.
11. The report of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. The arbitral tribunal shall accord adequate opportunity to the Parties to review the entirety of its draft report prior to its finalisation and shall include a discussion of any comments by the Parties in its final report.
12. The arbitral tribunal shall release to the Parties its findings and rulings in a final report on the dispute referred to it within 60 days of its formation. In exceptional cases, When the arbitral tribunal may take an additional 10 days to considers that it cannot release its final report containing within 60 days, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its findings and rulingsreport. Within this time period, The final report of the arbitral tribunal shall accord adequate opportunity become a public document within 10 days after its release to the Parties to review the report before its releaseParties.
Appears in 8 contracts
Samples: Comprehensive Economic Cooperation Agreement, Comprehensive Economic Cooperation Agreement, Comprehensive Economic Cooperation Agreement
Proceedings of Arbitral Tribunals. 1 An 1. The arbitral tribunal shall meet in closed session.
2. The Parties shall be present at venue for the meetings only when invited by the arbitral tribunal to appear before it. The reports proceedings of the arbitral tribunal shall be drafted without the presence decided by mutual consent of the Parties in the light of the information provided and the statements made. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body Parties, failing which it deems appropriateshall alternate between the Parties.
3. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an the arbitral tribunal and the documents submitted to it shall be kept confidential.
4. Nothing in this Article shall preclude a Notwithstanding paragraph 3, either Party from disclosing may make public statements of as to its own positions and its initial submission to views regarding the public. A Party dispute, but shall treat as confidential confidential, information and written submissions submitted by another the other Party to the arbitral tribunal which that other Party has designated as confidential. Where a Party submits a confidential version of its has provided information or written submissions designated to be confidential, the arbitral tribunal, it shall also, upon other Party may request of a Party, provide a non-confidential summary of the information contained in its or written submissions that could which may be disclosed to the public. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of view. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunalpublicly. The Party complained against shall have to which such a request is made may agree to such a request and submit such a summary, or refuse the right request without needing to take the floor first to be followed by the complaining Partyascribe any reasons or justification.
5. The Parties shall submitbe given the opportunity to attend any of the presentations, prior to statements or rebuttals in the meeting, proceedings. Any information or written rebuttals submissions submitted by a Party to the arbitral tribunal. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The Parties shall make available to the arbitral tribunal a written version of their oral statements. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 shall be made in the presence of the Parties. Moreover, each Party's written submissions, including any comments on the descriptive part of the report draft award and responses to questions put by the arbitral tribunal, shall be made available to the other Party.
6. 9 The award of the arbitral tribunal shall be drafted without the presence of the Parties, and in the light of the information provided and the statements made.
7. The arbitral tribunal shall, within 90 days, or within 60 days in cases of urgency, including those which concern perishable goods, after the date of its establishment, submit to the Parties its draft award, including both the descriptive part and its findings and conclusions, for the purposes of enabling the Parties to review precise aspects of the draft award. When the arbitral tribunal considers that it cannot submit its draft award within the aforementioned 90 or 60 days period, it may extend that period with the consent of the Parties. A Party may submit comments in writing to the arbitral tribunal on the draft award within 15 days after the date of submission of the draft award.
8. The arbitral tribunal shall release to issue its award, within 30 days after the Parties its findings and rulings in a report on date of submission of the dispute referred to it within 60 days of its formationdraft award.
9. In exceptional cases, the The arbitral tribunal shall attempt to make its decisions, including its award, by consensus but may take an additional 10 days to release also make its report containing decisions, including its findings and rulingsaward, by majority vote.
10. Within this time period, The award of the arbitral tribunal shall accord adequate opportunity to be final and binding on the Parties to review the report before its releaseParties.
Appears in 5 contracts
Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the an arbitral tribunal to appear before it.
2. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing to the public statements of its own positions and or its initial submission to the public. A submissions, but a Party shall treat as confidential not disclose information submitted by another the other Party to the an arbitral tribunal which that the latter Party has designated as confidential.
3. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the The Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case cases and their argumentsarguments and shall do so within the following time limits:
(a) forthe Party which requested the establishment of the arbitral tribunal, within 21 days after the date of the establishment of that tribunal; and
(b) for the other Party, within 21 days after the date of the transmission of the written submission of the Party which requested the establishment of the arbitral tribunal.
4. 5 At its Atits first substantive meeting with the Parties, the an arbitral tribunal shall ask the Party which has brought requested the complaint establishment of the tribunal to present its casesubmission. Subsequently, and still at At the same meeting, the arbitral tribunal shall ask the other Party against which the complaint has been brought shall be asked to present its point of viewsubmission.
5. 6 Formal rebuttals shall be made at a the second substantive meeting of the an arbitral tribunal. The Party complained against which did not request the establishment of the tribunal shall have the right to take the floor first to be followed by the complaining Partypresent its submission first. The Parties shall submit, prior to Before the meeting, the Parties shall submit written rebuttals to the arbitral tribunal.
6. 7 The arbitral Anarbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.
7. The Parties shall make available to the an arbitral tribunal a written version of their oral statements.
8. 8 In the interests of full transparency, the presentationsThe submissions, rebuttals and statements referred to in paragraphs 4 to 7 6 shall be made in the presence of the Parties. Moreover, each Each Party's written submissions, including any comments on the descriptive part draft award made in accordance with Article 1809 (2), written versions of the report oral statements and responses to questions put by the an arbitral tribunal, shall be made available to the other Party.
9. 9 The arbitral Anarbitral tribunal shall release to the Parties have no ex parte communications concerning a dispute it is considering.
10. Atthe request ofa Party, or on its findings and rulings in a report on the dispute referred to it within 60 days of its formation. In exceptional casesown initiative, the an arbitral tribunal may take an additional 10 days seek information and technical advice from any person or body that it deems appropriate, provided that the Parties so agree and subject to release its report containing its findings such terms and rulingsconditions as the Parties may set. Within this time period, This paragraph does not apply to information and technical advice provided by any person or body as part of the submissions referred to in paragraphs 4 to 6.
11. An arbitral tribunal shall accord adequate opportunity to shall, in consultation with the Parties, regulate its own procedures governing the rights of Parties to review the report before be heard and its releaseown deliberations where such procedures are not otherwise set out in this Chapter.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.
2. The reports venue for the substantive meetings of the arbitral tribunal shall be drafted without decided by mutual agreement by the presence Parties, failing which the first substantive meeting shall be held in the capital of the Parties country of the Party which did not request for the establishment of the arbitral tribunal, with the second substantive meeting to be held in the light capital of the information provided and country of the statements madeother Party.
3. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and or its initial submission submissions to the public. A , provided that a Party shall treat as confidential confidential, information submitted by another the other Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.
4. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.
5. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the complaining Party which has brought the complaint to present its casesubmissions. Subsequently, and still at the same meeting, the Party complained against which the complaint has been brought shall be asked to present its point of viewsubmissions.
6. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to present its rebuttal first, and shall be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
7. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.
8. The Parties shall make available to the arbitral tribunal a written version of their oral statements.
9. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 6 of this Article shall be made in the presence of the Parties. Moreover, each Party's ’s written submissions, including any comments on the descriptive part report, written versions of the report oral statements and responses to questions put by the arbitral tribunal, shall be made available to the other Party. There shall be no ex parte communications with the arbitral tribunal concerning matters under consideration by it.
10. At the request of a Party to the arbitral tribunal or on its own initiative, the arbitral tribunal may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties to the arbitral proceedings so agree, and subject to such terms and conditions as such Parties may agree.
11. An arbitral tribunal shall take its decisions by consensus, provided that where an arbitral tribunal is unable to reach consensus it may take its decisions by majority vote.
12. The report of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. The arbitral tribunal shall accord adequate opportunity to the Parties to review the entirety of its draft report prior to its finalisation and shall include a discussion of any comments by the Parties in its final report.
13. The findings and recommendations of the arbitral tribunal shall be set out in a final report released to the Parties pursuant to paragraph 11 of this Article. Unless the Parties otherwise agree, the arbitral tribunal shall base its final report on the relevant provisions of this Agreement, on the submissions and arguments of the Parties, and on any information before it, pursuant to paragraphs 9 and 10 of this Article. The final report shall set out its:
(a) findings of fact and law together with reasons;
(b) determination as to whether the measure at issue is inconsistent with the obligations under this Agreement;
(c) recommendation that the Party complained against, bring the measure into conformity with the obligations under this Agreement; and
(d) recommendations, if any, on the means to resolve the dispute.
14. The arbitral tribunal shall release to the Parties its findings and rulings in a final report on the dispute referred to it within 60 days of its formationestablishment. In exceptional cases, When the arbitral tribunal may take an additional 10 days to considers that it cannot release its final report containing within 60 days, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its findings and rulingsreport. Within this time periodIn no case however, should the period from the establishment of an arbitral tribunal to the release of the final report to the Parties exceed 150 days. The final report of the arbitral tribunal shall accord adequate opportunity become a public document within 10 days after its release to the Parties to review Parties.
15. The final report of the report before its releasearbitral tribunal shall be final and binding on the Parties.
Appears in 3 contracts
Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement, Closer Economic Partnership Agreement
Proceedings of Arbitral Tribunals. 1
1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the an arbitral tribunal to appear before it.
2. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing to the public statements of its own positions and or its initial submission to the public. A submissions, but a Party shall treat as confidential not disclose information submitted by another the other Party to the an arbitral tribunal which that the latter Party has designated as confidential.
3. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the The Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case cases and their argumentsarguments and shall do so within the following time limits:
(a) for the Party which requested the establishment of the arbitral tribunal, within 21 days after the date of the establishment of that tribunal; and
(b) for the other Party, within 21 days after the date of the transmission of the written submission of the Party which requested the establishment of the arbitral tribunal.
4. 5 At its first substantive meeting with the Parties, the an arbitral tribunal shall ask the Party which has brought requested the complaint establishment of the tribunal to present its casesubmission. Subsequently, and still at At the same meeting, the arbitral tribunal shall ask the other Party against which the complaint has been brought shall be asked to present its point of viewsubmission.
5. 6 Formal rebuttals shall be made at a the second substantive meeting of the an arbitral tribunal. The Party complained against which did not request the establishment of the tribunal shall have the right to take the floor first to be followed by the complaining Partypresent its submission first. The Parties shall submit, prior to Before the meeting, the Parties shall submit written rebuttals to the arbitral tribunal.
6. 7 The An arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The responding Party shall respond fully and without undue delay.
7. The Parties shall make available to the an arbitral tribunal a written version of their oral statements.
8. 8 In the interests of full transparency, the presentationsThe submissions, rebuttals and statements referred to in paragraphs Paragraphs 4 to 7 6 shall be made in the presence of the Parties. Moreover, each Each Party's ’s written submissions, including any comments on the descriptive part draft award made in accordance with Article 17.9 (2), written versions of the report oral statements and responses to questions put by the an arbitral tribunal, shall be made available to the other Party.
9. 9 An arbitral tribunal shall have no ex parte communications concerning a dispute it is considering.
10. At the request of a Party, or on its own initiative, an arbitral tribunal may seek information and technical advice from any individual or body which it deems appropriate. Where information or technical advice is sought by an arbitral tribunal, the Parties may set terms and conditions on the provision of confidential information and technical advice. The arbitral tribunal shall release to provide the Parties its findings with a copy of the information or technical advice received and rulings in a report on the dispute referred an opportunity to it within 60 days of its formationprovide comments. In exceptional cases, Where the arbitral tribunal may takes the information or technical advice into account in the preparation of its report, it shall also take an additional 10 days into account any comments by the Parties on the information or technical advice. This Paragraph does not apply to release its report containing its findings information and rulingstechnical advice provided by any person or body as part of the submissions referred to in Paragraphs 4 to 6.
11. Within this time period, the An arbitral tribunal shall accord adequate opportunity to shall, in consultation with the Parties, regulate its own procedures governing the rights of Parties to review the report before be heard and its releaseown deliberations where such procedures are not otherwise set out in this Chapter.
Appears in 3 contracts
Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement, Closer Economic Partnership Agreement
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.
2. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and or its initial submission submissions to the public. A ; provided that a Party shall treat as confidential information submitted by another the other Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.
3. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.
4. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its casesubmission. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of viewsubmission.
5. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to present its submission first, and shall be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
6. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.
7. The Parties shall make available to the arbitral tribunal a written version of their oral statements.
8. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 6 shall be made in the presence of the Parties. Moreover, each Party's ’s written submissions, including any comments on the descriptive part report, written versions of the report oral statements and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 There shall be no ex parte communications with the arbitral tribunal concerning matters under consideration by it.
9. The arbitral tribunal shall have the right, in consultation with the Parties, to seek information and technical advice from any individual or body which it deems appropriate, and shall make any such information and technical advice available to the Parties. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate.
10. The report of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. The arbitral tribunal shall accord adequate opportunity to the Parties to review the entirety of its draft report prior to its finalisation and shall include a discussion of any comments by the Parties in its final report.
11. The arbitral tribunal shall release to the Parties its findings and rulings in a final report on the dispute referred to it within 60 days of its formation. In exceptional cases, When the arbitral tribunal may take an additional 10 days to considers that it cannot release its final report containing within 60 days, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its findings and rulingsreport. Within this time period, The final report of the arbitral tribunal shall accord adequate opportunity become a public document within 10 days after its release to the Parties to review the report before its releaseParties.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the an arbitral tribunal to appear before it.
2. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing to the public statements of its own positions and or its initial submission to the public. A submissions, but a Party shall treat as confidential not disclose information submitted by another the other Party to the an arbitral tribunal which that the latter Party has designated as confidential.
3. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the The Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case cases and their argumentsarguments and shall do so within the following time limits:
(a) for the Party which requested the establishment of the arbitral tribunal, within 21 days after the date of the establishment of that tribunal; and
(b) for the other Party, within 21 days after the date of the transmission of the written submission of the Party which requested the establishment of the arbitral tribunal.
4. 5 At its first substantive meeting with the Parties, the an arbitral tribunal shall ask the Party which has brought requested the complaint establishment of the tribunal to present its casesubmission. Subsequently, and still at At the same meeting, the arbitral tribunal shall ask the other Party against which the complaint has been brought shall be asked to present its point of viewsubmission.
5. 6 Formal rebuttals shall be made at a the second substantive meeting of the an arbitral tribunal. The Party complained against which did not request the establishment of the tribunal shall have the right to take the floor first to be followed by the complaining Partypresent its submission first. The Parties shall submit, prior to Before the meeting, the Parties shall submit written rebuttals to the arbitral tribunal.
6. 7 The An arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.
7. The Parties shall make available to the an arbitral tribunal a written version of their oral statements.
8. 8 In the interests of full transparency, the presentationsThe submissions, rebuttals and statements referred to in paragraphs 4 to 7 6 shall be made in the presence of the Parties. Moreover, each Each Party's ’s written submissions, including any comments on the descriptive part draft award made in accordance with Article 1809 (2), written versions of the report oral statements and responses to questions put by the an arbitral tribunal, shall be made available to the other Party.
9. 9 The An arbitral tribunal shall release to have no ex parte communications concerning a dispute it is considering.
10. At the Parties request of a Party, or on its findings and rulings in a report on the dispute referred to it within 60 days of its formation. In exceptional casesown initiative, the an arbitral tribunal may take an additional 10 days seek information and technical advice from any person or body that it deems appropriate, provided that the Parties so agree and subject to release its report containing its findings such terms and rulingsconditions as the Parties may set. Within this time period, This paragraph does not apply to information and technical advice provided by any person or body as part of the submissions referred to in paragraphs 4 to 6.
11. An arbitral tribunal shall accord adequate opportunity to shall, in consultation with the Parties, regulate its own procedures governing the rights of Parties to review the report before be heard and its releaseown deliberations where such procedures are not otherwise set out in this Chapter.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the an arbitral tribunal to appear before it.
2. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing to the public statements of its own positions and or its initial submission to the public. A submissions, but a Party shall treat as confidential not disclose information submitted by another the other Party to the an arbitral tribunal which that the latter Party has designated as confidential.
3. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the The Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case cases and their argumentsarguments and shall do so within the following time limits:
(a) for the Party which requested the establishment of the arbitral tribunal, within 21 days after the date of the establishment of that tribunal; and
(b) for the other Party, within 21 days after the date of the transmission of the written submission of the Party which requested the establishment of the arbitral tribunal.
4. 5 At its first substantive meeting with the Parties, the an arbitral tribunal shall ask the Party which has brought requested the complaint establishment of the tribunal to present its casesubmission. Subsequently, and still at At the same meeting, the arbitral tribunal shall ask the other Party against which the complaint has been brought shall be asked to present its point of viewsubmission.
5. 6 Formal rebuttals shall be made at a the second substantive meeting of the an arbitral tribunal. The Party complained against which did not request the establishment of the tribunal shall have the right to take the floor first to be followed by the complaining Partypresent its submission first. The Parties shall submit, prior to Before the meeting, the Parties shall submit written rebuttals to the arbitral tribunal.
6. 7 The An arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The responding Party shall respond fully and without undue delay.
7. The Parties shall make available to the an arbitral tribunal a written version of their oral statements.
8. 8 In the interests of full transparency, the presentationsThe submissions, rebuttals and statements referred to in paragraphs Paragraphs 4 to 7 6 shall be made in the presence of the Parties. Moreover, each Each Party's ’s written submissions, including any comments on the descriptive part draft award made in accordance with Article 17.9 (2), written versions of the report oral statements and responses to questions put by the an arbitral tribunal, shall be made available to the other Party.
9. 9 An arbitral tribunal shall have no ex parte communications concerning a dispute it is considering.
10. At the request of a Party, or on its own initiative, an arbitral tribunal may seek information and technical advice from any individual or body which it deems appropriate. Where information or technical advice is sought by an arbitral tribunal, the Parties may set terms and conditions on the provision of confidential information and technical advice. The arbitral tribunal shall release to provide the Parties its findings with a copy of the information or technical advice received and rulings in a report on the dispute referred an opportunity to it within 60 days of its formationprovide comments. In exceptional cases, Where the arbitral tribunal may takes the information or technical advice into account in the preparation of its report, it shall also take an additional 10 days into account any comments by the Parties on the information or technical advice. This Paragraph does not apply to release its report containing its findings information and rulingstechnical advice provided by any person or body as part of the submissions referred to in Paragraphs 4 to 6.
11. Within this time period, the An arbitral tribunal shall accord adequate opportunity to shall, in consultation with the Parties, regulate its own procedures governing the rights of Parties to review the report before be heard and its releaseown deliberations where such procedures are not otherwise set out in this Chapter.
Appears in 2 contracts
Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made.
2. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate.
3. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and its initial submission to the public. A Party shall treat as confidential information submitted by another Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.
4. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.
5. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of view.
6. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
7. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The Parties shall make available to the arbitral tribunal a written version of their oral statements.
8. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 shall be made in the presence of the Parties. Moreover, each Party's ’s written submissions, including any comments on the descriptive part of the report and responses to questions put by the arbitral tribunal, shall be made available to the other Party.
9. 9 The arbitral tribunal shall release to the Parties its findings and rulings in a report on the dispute referred to it within 60 days of its formation. In exceptional cases, the arbitral tribunal may take an additional 10 days to release its report containing its findings and rulings. Within this time period, the arbitral tribunal shall accord adequate opportunity to the Parties to review the report before its release.
Appears in 2 contracts
Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made.
2. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate.
3. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and its initial submission to the public. A Party shall treat as confidential information submitted by another Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-non- confidential summary of the information contained in its submissions that could be disclosed to the public.
4. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.
5. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of view.
6. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
7. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The Parties shall make available to the arbitral tribunal a written version of their oral statements.
8. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 shall be made in the presence of the Parties. Moreover, each Party's ’s written submissions, including any comments on the descriptive part of the report and responses to questions put by the arbitral tribunal, shall be made available to the other Party.
9. 9 The arbitral tribunal shall release to the Parties its findings and rulings in a report on the dispute referred to it within 60 days of its formation. In exceptional cases, the arbitral tribunal may take an additional 10 days to release its report containing its findings and rulings. Within this time period, the arbitral tribunal shall accord adequate opportunity to the Parties to review the report before its release.
Appears in 2 contracts
Samples: Dispute Settlement Agreement, Dispute Settlement Agreement
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.
2. The reports venue for the substantive meetings of the arbitral tribunal shall be drafted without decided by mutual agreement by the presence Parties, failing which the first substantive meeting shall be held in the capital of the Parties country of the Party which did not request for the establishment of the arbitral tribunal, with the second substantive meeting to be held in the light capital of the information provided and country of the statements madeother Party.
3. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and or its initial submission submissions to the public. A , provided that a Party shall treat as confidential confidential, information submitted by another the other Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.
4. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.
5. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the complaining Party which has brought the complaint to present its casesubmissions. Subsequently, and still at the same meeting, the Party complained against which the complaint has been brought shall be asked to present its point of viewsubmissions.
6. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to present its rebuttal first, and shall be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
7. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.
8. The Parties shall make available to the arbitral tribunal a written version of their oral statements.
9. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 6 of this Article shall be made in the presence of the Parties. Moreover, each Party's written submissions, including any comments on the descriptive part report, written versions of the report oral statements and responses to questions put by the arbitral tribunal, shall be made available to the other Party. There shall be no ex parte communications with the arbitral tribunal concerning matters under consideration by it.
10. At the request of a Party to the arbitral tribunal or on its own initiative, the arbitral tribunal may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties to the arbitral proceedings so agree, and subject to such terms and conditions as such Parties may agree.
11. An arbitral tribunal shall take its decisions by consensus, provided that where an arbitral tribunal is unable to reach consensus it may take its decisions by majority vote.
12. The report of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. The arbitral tribunal shall accord adequate opportunity to the Parties to review the entirety of its draft report prior to its finalisation and shall include a discussion of any comments by the Parties in its final report.
13. The findings and recommendations of the arbitral tribunal shall be set out in a final report released to the Parties pursuant to paragraph 11 of this Article. Unless the Parties otherwise agree, the arbitral tribunal shall base its final report on the relevant provisions of this Agreement, on the submissions and arguments of the Parties, and on any information before it, pursuant to paragraphs 9 and 10 of this Article. The final report shall set out its:
(a) findings of fact and law together with reasons;
(b) determination as to whether the measure at issue is inconsistent with the obligations under this Agreement;
(c) recommendation that the Party complained against, bring the measure into conformity with the obligations under this Agreement; and
(d) recommendations, if any, on the means to resolve the dispute.
14. The arbitral tribunal shall release to the Parties its findings and rulings in a final report on the dispute referred to it within 60 days of its formationestablishment. In exceptional cases, When the arbitral tribunal may take an additional 10 days to considers that it cannot release its final report containing within 60 days, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its findings and rulingsreport. Within this time periodIn no case however, should the period from the establishment of an arbitral tribunal to the release of the final report to the Parties exceed 150 days. The final report of the arbitral tribunal shall accord adequate opportunity become a public document within 10 days after its release to the Parties to review Parties.
15. The final report of the report before its releasearbitral tribunal shall be final and binding on the Parties.
Appears in 1 contract
Samples: Economic Partnership Agreement
Proceedings of Arbitral Tribunals. 1 An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. .
2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. .
3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and its initial submission to the public. A Party shall treat as confidential information submitted by another Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. .
4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments. .
5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of view. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The Parties shall make available to the arbitral tribunal a written version of their oral statements. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 shall be made in the presence of the Parties. Moreover, each Party's written submissions, including any comments on the descriptive part of the report and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 The arbitral tribunal shall release to the Parties its findings and rulings in a report on the dispute referred to it within 60 days of its formation. In exceptional cases, the arbitral tribunal may take an additional 10 days to release its report containing its findings and rulings. Within this time period, the arbitral tribunal shall accord adequate opportunity to the Parties to review the report before its release.
Appears in 1 contract
Proceedings of Arbitral Tribunals. 1 An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. .
2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. .
3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and its initial submission to the public. A Party shall treat as confidential information submitted by another Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. .
4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments. .
5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of view. .
6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal. .
7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The Parties shall make available to the arbitral tribunal a written version of their oral statements. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 shall be made in the presence of the Parties. Moreover, each Party's written submissions, including any comments on the descriptive part of the report and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 The arbitral tribunal shall release to the Parties its findings and rulings in a report on the dispute referred to it within 60 days of its formation. In exceptional cases, the arbitral tribunal may take an additional 10 days to release its report containing its findings and rulings. Within this time period, the arbitral tribunal shall accord adequate opportunity to the Parties to review the report before its release.
Appears in 1 contract
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.
2. The reports venue for the proceedings of the arbitral tribunal shall be drafted without decided by mutual agreement between the Parties. If there is no agreement, the venue shall alternate between the capitals of the two countries with the venue of the first sitting to be decided by a draw of lot in the presence of the Parties in the light of the information provided and the statements madeParties.
3. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and or its initial submission submissions to the public. A ; provided that a Party shall treat as confidential information submitted by another the other Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.
4. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.
5. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its casesubmission. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of viewsubmission.
6. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to present its submission first, and shall be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
7. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.
8. The Parties shall make available to the arbitral tribunal a written version of their oral statements.
9. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 6 shall be made in the presence of the Parties. Moreover, each Party's ’s written submissions, including any comments on the descriptive part report, written versions of the report oral statements and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 There shall be no ex parte communications with the arbitral tribunal concerning matters under consideration by it.
10. At the request of a Party to the arbitral proceeding or on its own initiative, the arbitral tribunal may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties to the arbitral proceedings so agree and subject to such terms and conditions as such Parties may agree.
11. The report of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. The arbitral tribunal shall accord adequate opportunity to the Parties to review the entirety of its draft report prior to its finalisation and shall include a discussion of any comments by the Parties in its final report.
12. The arbitral tribunal shall release to the Parties its findings and rulings in a final report on the dispute referred to it within 60 days of its formation. In exceptional cases, When the arbitral tribunal may take an additional 10 days to considers that it cannot release its final report containing its findings and rulings. Within this time periodwithin 60 days, the arbitral tribunal it shall accord adequate opportunity to inform the Parties to review in writing of the report before its release.reasons for the delay together with an estimate of the period within which it will issue its
Appears in 1 contract
Proceedings of Arbitral Tribunals. 1 An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it. The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. .
2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. .
3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and its initial submission to the public. A Party shall treat as confidential information submitted by another Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. .
4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments. .
5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of view. .
6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal. .
7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The Parties shall make available to the arbitral tribunal a written version of their oral statements. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 shall be made in the presence of the Parties. Moreover, each Party's ’s written submissions, including any comments on the descriptive part of the report and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 The arbitral tribunal shall release to the Parties its findings and rulings in a report on the dispute referred to it within 60 days of its formation. In exceptional cases, the arbitral tribunal may take an additional 10 days to release its report containing its findings and rulings. Within this time period, the arbitral tribunal shall accord adequate opportunity to the Parties to review the report before its release.
Appears in 1 contract
Proceedings of Arbitral Tribunals. 1 1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.
2. The reports venue for the proceedings of the arbitral tribunal shall be drafted without decided by mutual agreement between the Parties. If there is no agreement, the venue shall alternate between the capitals of the two countries with the venue of the first sitting to be decided by a draw of lot in the presence of the Parties in the light of the information provided and the statements madeParties.
3. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. 3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and or its initial submission submissions to the public. A ; provided that a Party shall treat as confidential information submitted by another the other Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.
4. 4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.
5. 5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its casesubmission. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of viewsubmission.
6. 6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to present its submission first, and shall be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
7. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.
8. The Parties shall make available to the arbitral tribunal a written version of their oral statements.
9. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 6 shall be made in the presence of the Parties. Moreover, each Party's written submissions, including any comments on the descriptive part report, written versions of the report oral statements and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 There shall be no ex parte communications with the arbitral tribunal concerning matters under consideration by it.
10. At the request of a Party to the arbitral proceeding or on its own initiative, the arbitral tribunal may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties to the arbitral proceedings so agree and subject to such terms and conditions as such Parties may agree.
11. The report of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. The arbitral tribunal shall accord adequate opportunity to the Parties to review the entirety of its draft report prior to its finalisation and shall include a discussion of any comments by the Parties in its final report.
12. The arbitral tribunal shall release to the Parties its findings and rulings in a final report on the dispute referred to it within 60 days of its formation. In exceptional cases, When the arbitral tribunal may take an additional 10 days to considers that it cannot release its final report containing within 60 days, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its findings and rulingsreport. Within this time period, The final report of the arbitral tribunal shall accord adequate opportunity become a public document within 10 days after its release to the Parties to review the report before its releaseParties.
Appears in 1 contract
Proceedings of Arbitral Tribunals. 1 An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it. The reports of the arbitral tribunal shall be drafted draft ed without the presence of the Parties in the light of the information provided and the statements made. .
2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate. .
3 The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and its initial submission to the public. A Party shall treat as confidential information submitted by another Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. .
4 Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments. a rguments.
5 At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its point of view. .
6 Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal. .
7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The Parties shall make available to the arbitral tribunal a written version of their oral statements. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 7 shall be made in the presence of the Parties. Moreover, each Party's written submissions, including any comments on the descriptive part of the report and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 The arbitral tribunal shall release to the Parties its findings and rulings in a report on the dispute referred to it within 60 days of its formation. In exceptional cases, the arbitral tribunal may take an additional 10 days to release its report containing its findings and rulings. Within this time period, the arbitral tribunal shall accord adequate opportunity to the Parties to review the report before its release.
Appears in 1 contract