Proceedings of the Arbitration Panel. 1. The arbitration panel shall meet in closed session, unless the Parties decide otherwise. 2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party. 3. A Party asserting that a measure of the other Party is inconsistent with the Korea- Turkey FTA shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under the Korea-Turkey FTA shall have the burden of establishing that the exception applies. 4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution. 5. The arbitration panel shall aim to make its decisions, including its report, by consensus but may also make its decisions, including its report, by majority vote. 6. On request of a Party or on its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panel, the arbitration panel may seek information from any relevant source and may consult experts to obtain their opinion or advice on certain aspects of the matter. The arbitration panel shall provide the Parties with a copy of any advice or opinion obtained and an opportunity to provide comments. 7. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential. 8. Notwithstanding paragraph 7, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 days of a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly. 9. Each Party shall bear its own expenses and the cost of the arbitrator it appoints pursuant to Article 6.7.2. The cost of the chairperson of an arbitration panel and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares. The costs and expenses of the arbitrators shall normally conform to WTO standards.
Appears in 3 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Proceedings of the Arbitration Panel. 1. The arbitration panel shall meet in closed session, unless sessions. The Parties shall be present at the Parties decide otherwisemeetings only when invited by the arbitration panel to appear before it.
2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information provided or written submissions submitted made by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
3. A Party asserting that a measure of the other Party is inconsistent with the Korea- Turkey FTA this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under the Korea-Turkey FTA this Agreement shall have the burden of establishing that the exception applies.
4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution.
5. The arbitration panel shall interpret this Agreement in accordance with the customary rules of interpretation of public international laws including the Vienna Convention on the Law of Treaties, taking due account of the interpretation adopted by the Joint Committee in accordance with paragraph 4 of Article 17.1 (Joint Committee) and of the fact that the Parties shall perform this Agreement in good faith and avoid circumvention of their obligations.
6. The arbitration panel shall aim to make its decisions, including its reportreports, by consensus but may also make its decisions, including its report, by majority vote.
67. On Upon request of a Party Party, or on its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panelinitiative, the arbitration panel may seek information from any relevant source and may consult experts to obtain their opinion or advice on certain aspects of the matter. The arbitration panel shall provide the Parties with a copy of any advice or opinion obtained and an opportunity to provide comments.
78. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
89. Notwithstanding paragraph 78, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted delivered by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 days of a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.
910. Each Party The reports of the arbitration panel shall bear be drafted without the presence of the Parties. The arbitration panel shall base its own expenses report on the relevant provisions of this Agreement, and the cost submissions and arguments of the arbitrator it appoints pursuant Parties, and may take into account any other relevant information provided to Article 6.7.2the arbitration panel.
11. The cost reports of the chairperson of an arbitration panel and other expenses associated with shall contain both the conduct descriptive parts summarizing the submissions and/or arguments of the Parties, and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its reports. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided for in this Agreement.
12. The venue for the arbitration panel proceedings shall be borne decided by mutual agreement between the Parties. If there is no agreement, the venue shall alternate between the capitals of the Parties in equal shares. The costs and expenses with the first meeting of the arbitrators shall normally conform arbitration panel proceedings to WTO standardsbe held in the capital of the Party complained against.
Appears in 2 contracts
Proceedings of the Arbitration Panel. 1. Dispute settlement proceedings under this Chapter shall be governed by the Rules of Procedure for Arbitration set out in Annex 20-A. The Parties, in consultation with the Arbitration Panel, may agree to adopt additional rules of procedures not inconsistent with the provisions of the Annex.
2. The arbitration panel shall meet in closed session, unless sessions. The Parties shall be present at the Parties decide otherwisemeetings only when invited by the arbitration panel to appear before it.
23. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements statements, or rebuttals in the proceedings. All information provided or written submissions submitted made by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
34. A Party asserting that a measure of the other Party is inconsistent with its obligations under this Agreement, or that the Korea- Turkey FTA other Party has otherwise failed to carry out its obligations under this Agreement, or that a benefit the Party could reasonably have expected to accrue is being nullified or impaired as a result of a measure that is not inconsistent with this Agreement, shall have the burden of establishing such inconsistencyproving its assertions. A Party asserting that a measure is subject to an exception under the Korea-Turkey FTA this Agreement shall have the burden of establishing that the exception applies.
45. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution.
56. The arbitration panel shall aim to interpret this Agreement in accordance with the customary rules of interpretation of public international laws, including the Vienna Convention on the Law of Treaties, taking due account of the interpretation adopted by the Joint Committee in accordance with Article 22.2.3(d) and of the fact that the Parties shall perform this Agreement in good faith and avoid circumvention of their obligations.
7. The arbitration panel shall make its decisionsdecisions by consensus, including its reportprovided that where an arbitration panel is unable to reach consensus, by consensus but the decisions may also make its decisions, including its report, be made by majority vote. The arbitration panel shall not disclose which arbitrators are associated with majority or minority opinions.
68. On Upon request of a Party Party, or on its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panelinitiative, the arbitration panel may seek information from any relevant source and may consult experts to obtain their opinion or advice on certain aspects of the matter. The arbitration panel shall provide the Parties with a copy of any advice or opinion obtained and an opportunity to provide comments.
79. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
810. Notwithstanding paragraph 78, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted delivered by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 days of a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.
911. Each Party The reports of the arbitration panel shall bear be drafted without the presence of the Parties. The arbitration panel shall base its own expenses report on the relevant provisions of this Agreement and the cost submissions and arguments of the arbitrator it appoints pursuant Parties, and may take into account any other relevant information provided to Article 6.7.2the arbitration panel.
12. The cost of venue1 for the chairperson of an arbitration panel and other expenses associated with the conduct of the proceedings shall be borne decided by mutual agreement between the Parties. If there is no agreement, the venue shall alternate between the capitals of the Parties in equal shares. The costs and expenses with the first meeting of the arbitrators shall normally conform arbitration panel proceedings to WTO standardsbe held in the capital of the Party complained against.
Appears in 1 contract
Samples: Dispute Settlement Agreement
Proceedings of the Arbitration Panel. 1. The arbitration panel shall meet in closed session, unless the Parties decide otherwise.
2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
3. A Party asserting that a measure of the other Party is inconsistent with the Korea- Turkey Turkey- Korea FTA shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under the KoreaTurkey-Turkey Korea FTA shall have the burden of establishing that the exception applies.
4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution.
5. The arbitration panel shall aim to make its decisions, including its report, by consensus but may also make its decisions, including its report, by majority vote.
6. On request of a Party or on its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panel, the arbitration panel may seek information from any relevant source and may consult experts to obtain their opinion or advice on certain aspects of the matter. The arbitration panel shall provide the Parties with a copy of any advice or opinion obtained and an opportunity to provide comments.
7. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
8. Notwithstanding paragraph 7, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 days of a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.
9. Each Party shall bear its own expenses and the cost of the arbitrator it appoints pursuant to Article 6.7.2. The cost of the chairperson of an arbitration panel and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares. The costs and expenses of the arbitrators shall normally conform to WTO standards.
Appears in 1 contract
Samples: Framework Agreement
Proceedings of the Arbitration Panel. 1. The arbitration panel shall meet in closed session, unless the Parties decide otherwise.
2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
3. A Party asserting that a measure of the other Party is inconsistent with the Korea- Turkey Turkey-Korea FTA shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under the KoreaTurkey-Turkey Korea FTA shall have the burden of establishing that the exception applies.
4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution.
5. The arbitration panel shall aim to make its decisions, including its report, by consensus but may also make its decisions, including its report, by majority vote.
6. On request of a Party or on its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panel, the arbitration panel may seek information from any relevant source and may consult experts to obtain their opinion or advice on certain aspects of the matter. The arbitration panel shall provide the Parties with a copy of any advice or opinion obtained and an opportunity to provide comments.
7. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
8. Notwithstanding paragraph 7, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 days of a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.
9. Each Party shall bear its own expenses and the cost of the arbitrator it appoints pursuant to Article 6.7.2. The cost of the chairperson of an arbitration panel and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares. The costs and expenses of the arbitrators shall normally conform to WTO standards.
Appears in 1 contract
Samples: Framework Agreement
Proceedings of the Arbitration Panel. 1. The arbitration panel shall meet in closed session, unless the Parties decide otherwise.
2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
3. A Party asserting that a measure of the other Party is inconsistent with the Korea- Turkey FTA this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under the Korea-Turkey FTA this Agreement shall have the burden of establishing that the exception applies.
4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development achievement of a mutually satisfactory resolution.
5. The arbitration panel shall aim make every effort to make its decisionstake any decision by consensus. Where a decision cannot be arrived at by consensus, including its report, by consensus but may also make its decisions, including its report, the matter at issue shall be decided by majority vote.
6. On At the request of a Party Party, or on upon its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panelinitiative, the arbitration panel may seek obtain information from any source it deems appropriate for the arbitration panel proceedings. The arbitration panel also has the right to seek the relevant source and may consult opinion of experts to obtain their opinion or advice on certain aspects of the matteras it deems appropriate. The arbitration panel shall provide consult the Parties with a copy of any advice or opinion before choosing such experts. Any information obtained in this manner must be disclosed to the Parties and an opportunity to provide submitted for their comments.
7. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
8. Notwithstanding paragraph 77 of this Article, either Party may make public statements as to its views regarding the dispute, dispute but shall treat as confidential information and written submissions submitted by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 thirty (30) days of a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.
9. Each Party shall bear its own expenses and the cost of the arbitrator it appoints pursuant to Article 6.7.2. The cost of the chairperson of an arbitration panel and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares. The costs and expenses of the arbitrators shall normally conform to WTO standards.
Appears in 1 contract
Samples: Dispute Resolution Agreement
Proceedings of the Arbitration Panel. 1. The arbitration panel shall meet in closed session, unless sessions. The Parties shall be present at the Parties decide otherwisemeetings only when invited by the arbitration panel to appear before it.
2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information provided or written submissions submitted made by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
3. A Party asserting that a measure of the other Party is inconsistent with the Korea- Turkey FTA this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under the Korea-Turkey FTA this Agreement shall have the burden of establishing that the exception applies.
4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution.
5. The arbitration panel shall interpret this Agreement in accordance with the customary rules of interpretation of public international laws, taking due account of the interpretation adopted by the Parties.
6. The arbitration panel shall aim to make its decisions, including its reportreports, by consensus but may also make its decisions, including its report, by majority vote.
6. On request of a Party or on its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panel, the arbitration panel may seek information from any relevant source and may consult experts to obtain their opinion or advice on certain aspects of the matter7. The arbitration panel shall provide the Parties with a copy of any advice or opinion obtained from any relevant source or experts and an opportunity to provide comments.
78. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
89. Notwithstanding paragraph 78, either cither Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted delivered by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 days of a shall upon request of the other Party, provide a non-non- confidential summary of the information or written submissions which may be disclosed publicly.
910. Each Party The reports of the arbitration panel shall bear be drafted without the presence of the Parties. The arbitration panel shall base its own expenses report on the relevant provisions of this Agreement, and the cost submissions and arguments of the arbitrator it appoints pursuant Parties, and may take into account any other relevant information provided to Article 6.7.2the arbitration panel.
11. The cost reports of the chairperson of an arbitration panel and other expenses associated with shall contain both the conduct descriptive parts summarizing the submissions or arguments of the Parties, and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its reports. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided for in this Agreement.
12. The venue for the arbitration panel proceedings shall be borne decided by mutual agreement between the Parties. If there is no agreement, the venue shall alternate between the capitals of the Parties in equal shares. The costs and expenses with the first meeting of the arbitrators shall normally conform arbitration panel proceedings to WTO standardsbe held in the capital of the Party complained against.
Appears in 1 contract
Proceedings of the Arbitration Panel. 1. The arbitration panel shall meet in closed session, unless sessions. The Parties shall be present at the Parties decide otherwisemeetings only when invited by the arbitration panel to appear before it.
2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements statements, or rebuttals in the proceedings. All information provided or written submissions submitted made by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
3. A Party asserting that a measure of the other Party is inconsistent with the Korea- Turkey FTA this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under the Korea-Turkey FTA this Agreement shall have the burden of establishing that the exception applies.
4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution.
5. The arbitration panel shall aim to interpret this Agreement in accordance with the customary rules of interpretation of public international law including the Vienna Convention on the Law of Treaties.
6. The arbitration panel shall make its decisions, including its reportreports, by consensus but consensus, provided that where an arbitration panel is unable to reach consensus, the decisions may also make its decisions, including its report, be made by majority vote.
67. On Upon request of a Party Party, or on its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panelinitiative, the arbitration panel may seek information from any relevant source and may consult experts to obtain their opinion or technical advice on certain aspects of the matter. Before doing so, the arbitration panel shall seek the views of the Parties, without prejudice to its right to seek information. The arbitration panel shall provide the Parties with a copy of any advice or opinion obtained and an opportunity to provide comments.
78. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
89. Notwithstanding paragraph 78, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted delivered by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 days of from a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.
910. Each Party The reports of the arbitration panel shall bear be drafted without the presence of the Parties. The arbitration panel shall base its own expenses report on the relevant provisions of this Agreement, and the cost submissions and arguments of the arbitrator it appoints pursuant Parties, and may take into account any other relevant information provided to Article 6.7.2the arbitration panel.
11. The cost reports of the chairperson of an arbitration panel and other expenses associated with shall contain both the conduct descriptive parts summarizing the submissions or arguments of the Parties, and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its reports. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided for in this Agreement.
12. The venue for the arbitration panel proceedings shall be borne decided by mutual agreement between the Parties. If there is no agreement, the venue shall alternate between the capitals of the Parties in equal shares. The costs and expenses with the first meeting of the arbitrators shall normally conform arbitration panel proceedings to WTO standardsbe held in the capital of the Party complained against.
Appears in 1 contract
Samples: Free Trade Agreement
Proceedings of the Arbitration Panel. 1. The arbitration panel shall meet in closed session, unless the Parties decide otherwise.
2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
3. A Party asserting that a measure of the other Party is inconsistent with the Korea- Turkey FTA this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under the Korea-Turkey FTA this Agreement shall have the burden of establishing that the exception applies.
4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolutionresolution or mutually agreed solution.
5. The arbitration panel shall aim make every effort to make its decisionstake any decision by consensus. Where a decision cannot be arrived at by consensus, including its report, by consensus but may also make its decisions, including its report, the matter at issue shall be decided by majority vote.
6. On At the request of a Party Party, or on upon its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panelinitiative, the arbitration panel may seek obtain information from any source, including the Parties involved in the dispute, it deems appropriate for the arbitration panel proceedings. The arbitration panel also has the right to seek the relevant source and may consult opinion of experts to obtain their opinion or advice on certain aspects of the matteras it deems appropriate. The arbitration panel shall provide consult the Parties with a copy of any advice or opinion before choosing such experts. Any information obtained in this manner must be disclosed to the Parties and an opportunity to provide submitted for their comments.
7. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
8. Notwithstanding paragraph 7, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 30 days of a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.
9. Each Party shall bear its own expenses and the cost of the arbitrator it appoints pursuant to Article 6.7.2. The cost of the chairperson of an arbitration panel and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares. The costs and expenses of the arbitrators shall normally conform to WTO standards.
Appears in 1 contract
Samples: Dispute Resolution Agreement
Proceedings of the Arbitration Panel. 1. The arbitration panel shall meet in closed session, unless sessions. The Parties shall be present at the Parties decide otherwisemeetings only when invited by the arbitration panel to appear before it.
2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements statements, or rebuttals in the proceedings. All information provided or written submissions submitted made by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
3. A Party asserting that a measure of the other Party is inconsistent with the Korea- Turkey FTA this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under the Korea-Turkey FTA this Agreement shall have the burden of establishing that the exception applies.
4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution.
5. The arbitration panel shall aim to interpret this Agreement in accordance with the customary rules of interpretation of public international law including the Vienna Convention on the Law of Treaties.
6. The arbitration panel shall make its decisions, including its reportreports, by consensus but consensus, provided that where an arbitration panel is unable to reach consensus, the decisions may also make its decisions, including its report, be made by majority vote.
67. On Upon request of a Party Party, or on its own initiative and subject to such terms and conditions as the Parties may agree within 10 days of the date of establishment of the arbitration panelinitiative, the arbitration panel 8-5 may seek information from any relevant source and may consult experts to obtain their opinion or technical advice on certain aspects of the matter. Before doing so, the arbitration panel shall seek the views of the Parties, without prejudice to its right to seek information. The arbitration panel shall provide the Parties with a copy of any advice or opinion obtained and an opportunity to provide comments.
78. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
89. Notwithstanding paragraph 78, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted delivered by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 20 days of from a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.
910. Each Party The reports of the arbitration panel shall bear be drafted without the presence of the Parties. The arbitration panel shall base its own expenses report on the relevant provisions of this Agreement, and the cost submissions and arguments of the arbitrator it appoints pursuant Parties, and may take into account any other relevant information provided to Article 6.7.2the arbitration panel.
11. The cost reports of the chairperson of an arbitration panel and other expenses associated with shall contain both the conduct descriptive parts summarizing the submissions or arguments of the Parties, and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its reports. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided for in this Agreement. 12, The venue for the arbitration panel proceedings shall be borne decided by mutual agreement between the Parties. If there is no agreement, the venue shall alternate between the capitals of the Parties in equal shares. The costs and expenses with the first meeting of the arbitrators shall normally conform arbitration panel proceedings to WTO standardsbe held in the capital of the Party complained against.
Appears in 1 contract
Samples: Free Trade Agreement