Common use of Proceedings of Arbitral Tribunals Clause in Contracts

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.

Proceedings of Arbitral Tribunals. 1 An 1. The 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 it2. The reports venue for the proceedings of the arbitral tribunal shall tribunalshall be drafted without the presence decided by mutual consent of the Parties in Parties, failingwhich it shall alternate between the light of the information provided and the statements madeParties. 2 The arbitral tribunal shall have the right to seek information and technical advice from any individual or body which it deems appropriate3. 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. Nothing in this Article shall preclude a 4. Notwithstanding paragraph 3, either Party from disclosing may makepublic 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 writtensubmissions submitted by another the other Party to the arbitral tribunal arbitraltribunal which that other Party has designated as confidentialasconfidential. Where a Party submits a confidential version of its written has provided information orwritten submissions designated to the arbitral tribunalbe confidential, it shall alsothatParty shall, upon request of a the other Party, provide a nonanon-confidential summary of the information contained in its submissions that could or writtensubmissions which may be disclosed to the publicpublicly. 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 Party5. The Parties shall submitbe given the opportunity to attendany of the presentations, prior to the meeting, statements or rebuttals in theproceedings. 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 includingany comments on the descriptive part of the report and responses draft award andresponses to questions put by the arbitral tribunal, shall be shallbe made available to the other Party. 9 6. The award of the arbitral tribunal shall be drafted without the presence of the Parties, and in the light ofthe information provided and the statements made. 7. The arbitral tribunal shall, within 90 days after thedate of its establishment, submit to the Parties its draftaward, including both the descriptive part and its findingsand conclusions, for the purposes of enabling the Partiesto review precise aspects of the draft award. When the arbitral tribunal considers that it cannot submit its draft award within the aforementioned 90 days period, it mayextend that period with the consent of the Parties. A Party may submit comments in writing to the arbitraltribunal on the draft award within 15 days after the dateof submission of the draft award. 8. The arbitral tribunal shall release to issue its award, within 30days 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. In exceptional cases, the 9. The arbitral tribunal shall attempt to make itsdecisions, including its award, by consensus but may take an additional 10 days to release alsomake its report containing decisions, including its findings and rulingsaward, by majority vote. Within this time period, 10. 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.

Proceedings of Arbitral Tribunals. 1 An 1. The 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 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 appropriate. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as alternate between the Parties with the first meeting of the arbitral tribunal considers necessary and appropriateproceedings to be held in the capital of the Party complained against. 3 3. The deliberations of an the arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a 4. 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 to designated as 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 submissions that could or written submission 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 the right request and submit such a summary, or refuse the 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. 9 6. The award of the arbitral tribunal shall be drafted without the presence of the Parties. 7. The arbitral tribunal shall, within 120 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 it. When the arbitral tribunal considers that it cannot submit its draft award within the aforementioned 120 days or 60 days period, it may extend that period with the consent of the Parties. However, in no case should the period from the establishment of the arbitral tribunal to the submission of the draft award to the Parties exceed 150 days. Either Party may submit comments in writing to the arbitral tribunal on the draft award within 30 days after the date of submission of the draft award. 8. The arbitral tribunal shall release present its award to the Parties its findings and rulings in a report on within 45 days after the dispute referred to it within 60 days date of its formationsubmission of the draft award. In exceptional cases, the 9. 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. Within this time period, 10. 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.

Proceedings of Arbitral Tribunals. 1 An arbitral tribunal shall meet in closed session. The Parties parties to the dispute shall be present at the meetings only when invited by the arbitral tribunal to appear before it. The reports venue for the substantive meetings of the arbitral tribunal shall be drafted without decided by mutual agreement between the presence parties to the dispute, failing which the first substantive meeting shall be held in the capital of the Parties party complained against, with the second substantive meeting to be held in the light capital of the information provided complaining party. After consulting the parties to the dispute, the arbitral tribunal shall, as soon as practical and possible within 15 days after the statements madecomposition of the arbitral tribunal, fix the timetable for the arbitral process. 2 In determining the timetable for the arbitral process, the arbitral tribunal shall provide sufficient time for the parties to the dispute to prepare their respective submissions. The arbitral tribunal should set precise deadlines for written submissions by the parties to the dispute and they shall have the right to seek information and technical advice from any individual or body which it deems appropriaterespect these deadlines. 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 party to a dispute from disclosing statements of its own positions and or its initial submission submissions to the public. A Party ; a party to a dispute shall treat as confidential information submitted by another Party any of the other parties concerned to the arbitral tribunal which that Party the submitting party has designated as confidential. Where a Party party to a dispute submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Partyany of the other parties concerned, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. 4 Before The rules and procedures pertaining to the first substantive meeting proceedings before the arbitral tribunal as set out in Annex 1 of this Agreement shall apply unless the arbitral tribunal decides otherwise after consulting the parties to the dispute. The report of the arbitral tribunal with shall be drafted without the Parties, presence of the Parties parties to the dispute in the light of the information provided and the statements made. The deliberations of the tribunal shall transmit to be confidential. Opinions expressed in the report of the arbitral tribunal written submissions in which they present by an individual arbitrator shall be anonymous. Following the facts consideration of their case submissions, oral arguments and their arguments. 5 At its first substantive meeting with the Partiesany information before it, the arbitral tribunal shall ask issue a draft report to the Party which has brought parties concerned, including both a descriptive section relating to the complaint facts of the dispute and the arguments of the parties to present its case. Subsequently, the dispute 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's findings and conclusions. 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 parties concerned to review the entirety of its draft report before prior to its releasefinalization and shall include a discussion of any comments by the parties concerned in its final report. The arbitral tribunal shall release to the parties to the dispute its final report within 120 days from the date of its composition. In cases of urgency, including those relating to perishable goods, the arbitral tribunal shall aim to issue its report to the parties to the dispute within 60 days from the date of its composition. When the arbitral tribunal considers that it cannot release its final report within 120 days, or within 60 days in cases of urgency, it shall inform the parties concerned in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. In no case should the period from the composition of an arbitral tribunal to the release of the report to parties to the dispute exceed 180 days. The final report of the arbitral tribunal shall become a public document within 10 days after its release to the parties concerned.