Common use of Transparency of Arbitral Proceedings Clause in Contracts

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [Consolidation]; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs paragraph 2 and paragraph 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the The notice of intent; (b) the The notice of arbitration; (c) pleadingsPleadings, memorials, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] in accordance with Articles 29.2, 29.3 and (3) [Amicus Submissions] and Article 33 [Consolidation]34; (d) minutes Minutes or transcripts of hearings of the tribunal, where if available; and (e) ordersOrders, awards, awards and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any If a disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing hearing, it shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the such information from disclosuredisclosure which may include closing the hearing for the duration of the discussion of such information. 3. Nothing in this Section requires shall require a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information information, or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]1916. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where if the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the protected information. Only the redacted version shall be provided to the non-disputing Party and made public disclosed in accordance with paragraph 1; and (d) The tribunal shall shall, subject to paragraph 3, decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may may: (i) withdraw Withdraw all or part of its submission containing such that information, or ; or (ii) agree Agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (id)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (iid)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its lawslaws and regulations.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [Consolidation]33; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]19. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] 10.19.2 and (3) [Amicus Submissions] 10.19.3 and Article 33 [Consolidation]10.24; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [21.2 (Essential Security Article] Security) or Article 19 [21.4 (Disclosure of Information Article]Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2Articles 28.2 and 28.3 (Conduct of the Arbitration) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [32 (Consolidation]); (d) minutes or transcripts of hearings of the tribunal, where if available; and and (e) orders, awards, awards and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any If a disputing party that intends to use information in a hearing that is designated as protected information in a hearing or otherwise subject to paragraph 3 it shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the such information from disclosuredisclosure which may include closing the hearing for the duration of the discussion of that information. 3. Nothing in this Section Section, including paragraph 4(d), requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information information, or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential 2 (Security Article] Exceptions) of Chapter 17 (Final Provisions) or Article 19 [21 (Disclosure of Information Article]Confidential Information)(20). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where if the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted according to any schedule set by the tribunal; (c) A a disputing party shall, at according to any schedule set by the time it submits a document containing information claimed to be protected informationtribunal, submit a redacted version of the document that does not contain the protected information. Only the redacted version shall be provided to the non-disputing Party and made public disclosed in accordance with paragraph 1; and (d) The tribunal the tribunal, subject to paragraph 3, shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such the information was not properly designated, the disputing party that submitted the information may may: (i) withdraw all or part of its submission containing such that information, or ; or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (id)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (iid)(ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should endeavour to apply those laws in a manner sensitive to protecting from disclosure information that has been designated as protected information.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them documents available to litigants the party and the public:. (a) the The notice of intentintent referred to in article 10.17 (2); (b) the The notice of arbitrationarbitration referred to in article 10.17 (4); (c) Written pleadings, memorials, demand and briefs submitted explanatory notes to the tribunal Tribunal submitted by a disputing party Party combatant and any written submissions communication submitted pursuant to Article 28(2) [Non-Disputing Party submissions] in accordance with article and (3) [Amicus Submissions] and Article 33 [Consolidation]article 10.21 10.26; (d) Awards and orders or decisions of the Tribunal, and (e) The minutes or transcripts of hearings of the tribunalTribunal, where when available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal Tribunal shall conduct hearings open to the public and shall determineshall, in consultation with the disputing parties, parties - the appropriate logistical arrangements. Howeverhowever, any disputing party Party that intends to use in a litigant information designated as protected information in a hearing shall so advise inform the tribunalTribunal. The the tribunal shall make appropriate arrangements to protect the information from disclosure, including closing the hearing for any discussion of confidential information. 3. Nothing in this Section section requires a respondent to disclose provide or furnish or protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential articles 19.3 (National Security Article] or Article 19 [Disclosure (19.4) and disclosure of Information Article]information). 4. Any protected information that is submitted to the tribunal Tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to In accordance with subparagraph (d), neither the disputing warring parties nor the tribunal Tribunal shall disclose to the non-disputing Party Challenger no party or to the public any information protected information where the disputing party opposing side that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing litigant party claiming that certain information constitutes shall designate the protected information shall clearly designate the information at the time it is to be submitted to the tribunalTribunal; (c) A disputing party combatant Party shall, at the same time that it submits a document containing information claimed to be as protected information, submit a redacted version of the document that does not contain Containing the information. Only only the redacted version shall be provided to the non-disputing Party parties involved and shall be made public in accordance with paragraph 1; and (d) The tribunal Tribunal shall decide any objection regarding the designation of information Information claimed to be as protected information. If if the tribunal Tribunal determines that such information was not properly designated, designated the disputing party opposing side that submitted the information may may: (i) withdraw Withdraw all or part of its submission containing such information, or ; or (ii) agree Agree to resubmit with complete and redacted documents with corrected designations in accordance with the tribunal’s Tribunal determination and subparagraph (c). In either any case, the other disputing party combatant shall, whenever where necessary, resubmit to complete and redacted documents which either remove the omitted information withdrawn under in accordance with the sub-subpárrafo (d) (i) by the disputing party Party that first submitted the first information litigants, or redesignate the designation of new information consistent with the designation under the sub-subpárrafo (d) (ii) of the disputing party Party that first submitted the informationfirst information litigants. 5. Nothing in this Section section requires a respondent to withhold from the deny public information required access to information, in accordance with their national legislation, should be disclosed by its lawsdisclosed.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intentintent referred to in Article 24(2); (b) the notice of arbitrationarbitration referred to in Article 24(4); (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions sub missions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [Consolidation]; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]. 4. Any protected Protected information that shall, if such information is submitted to the tribunal shall tribunal, be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (dparagraph 4(d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (bparagraph 4(b);. (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal;. (c) A disputing party shall, at the same time that it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and. (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (cparagraph 4(c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party Parties and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] 10.20.2 and (3) [Amicus Submissions] 10.20.3 and Article 33 [Consolidation]10.25; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [22.2 (Essential Security Article] Security) or Article 19 [22.4 (Disclosure of Information Article]Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the any non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A a disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party Parties and made public in accordance with paragraph 1; and (d) The the tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs paragraph 2 and paragraph 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] in accordance with Articles 29.2, 29.3 and (3) [Amicus Submissions] and Article 33 [Consolidation]34; (d) minutes or transcripts of hearings of the tribunal, where if available; and (e) orders, awards, awards and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any If a disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing hearing, it shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the such information from disclosuredisclosure which may include closing the hearing for the duration of the discussion of such information. 3. Nothing in this Section requires shall require a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information information, or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]1916. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where if the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A a disputing party shall, at the time it submits a document containing 16 For greater certainty, if a respondent chooses to disclose to the tribunal information that may be withheld in accordance with Article 19, the respondent may still withhold that information from disclosure to the public. information claimed to be protected information, submit a redacted version of the document that does not contain the protected information. Only the redacted version shall be provided to the non-disputing Party and made public disclosed in accordance with paragraph 1; and (d) The the tribunal shall shall, subject to paragraph 3, decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may may: (i) withdraw all or part of its submission containing such that information, or ; or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (id)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (iid)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its lawslaws and regulations.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Annex Party and make them available to the public: (a) the The notice of intent; (b) the The notice of arbitration; (c) pleadingsPleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] 14.D.7.2 and 14.D.7.3 (3) [Amicus Submissions] Conduct of the Arbitration), , and Article 33 [14.D.12 (Consolidation]); (d) minutes Minutes or transcripts of hearings of the tribunal, where if available; and (e) ordersOrders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any If a disputing party that intends to use information in a hearing that is designated as protected information in a hearing or otherwise subject to paragraph 3 it shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the such information from disclosuredisclosure which may include closing the hearing for the duration of the discussion of that information. 3. Nothing in this Section Annex, including paragraph 4(d), requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information information, or to furnish or allow access to information that it may withhold in accordance with Article 18 [32.2 (Essential Security Article] Security) or Article 19 [32.5 (Disclosure of Information Article]Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Annex Party or to the public any protected information where if the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted according to any schedule set by the tribunal; (c) A disputing party shall, at according to any schedule set by the time it submits a document containing information claimed to be protected informationtribunal, submit a redacted version of the document that does not contain the protected information. Only the redacted version shall be provided to the non-disputing Party and made public disclosed in accordance with paragraph 1; and (d) The tribunal tribunal, subject to paragraph 3, shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such the information was not properly designated, the disputing party that submitted the information may may: (i) withdraw Withdraw all or part of its submission containing such that information, or or (ii) agree Agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (id)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (iid)(ii) of the disputing party that first submitted the information. 5. Nothing in this Section Annex requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should endeavor to apply those laws in a manner sensitive to protecting from disclosure information that has been designated as protected information.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and Secretariat of the dispute settlement body which shall make them available to the public, including by Internet: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [Consolidation];this Annex or the Rules of Arbitration (d) minutes or transcripts of hearings of the tribunal, where available; and (e) all orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct all hearings open to the public and shall determine, in consultation with the disputing parties, parties and the dispute settlement Secretariat the appropriate logistical arrangements. However, any disputing party that intends to use information designated as confidential business information or information that is privileged or otherwise protected information from disclosure under a Party’s law in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose confidential business information or information that is privileged or otherwise protected information from disclosure under a Party’s law or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]this Agreement. 4. Any protected Confidential business information or information that is privileged or otherwise protected from disclosure under a Party’s law shall, if such information is submitted to the tribunal shall tribunal, be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any confidential business information or information that is privileged or otherwise protected information from disclosure under a Party’s law where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes confidential business information or information that is privileged or otherwise protected information from disclosure under a Party’s law shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the same time that it submits a document containing information claimed to be confidential business information or information that is privileged or otherwise protected informationfrom disclosure under a Party’s law, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall decide any objection regarding the designation of information claimed to be confidential business information or information that is privileged or otherwise protected informationfrom disclosure under a Party’s law. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.may:

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 2, 3, and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] 11.20.4 and (3) [Amicus Submissions] 11.20.5 and Article 33 [Consolidation]11.25; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [23.2 (Essential Security Article] Security) or Article 19 [23.4 (Disclosure of Information Article]Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and; (d) The tribunal shall decide any objection by a disputing party regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information; and (e) At the request of a disputing Party, the Joint Committee shall consider issuing a decision in writing regarding a determination by the tribunal that information claimed to be protected was not properly designated. If the Joint Committee issues a decision within 60 days of such a request, it shall be binding on the tribunal, and any decision or award issued by the tribunal must be consistent with that decision. If the Joint Committee does not issue a decision within 60 days, the tribunalâs determination shall remain in effect only if the non-disputing Party submits a written statement to the Joint Committee within that period that it agrees with the tribunal's determination. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs paragraph 2 and paragraph 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] in accordance with Articles 29.2, 29.3 and (3) [Amicus Submissions] and Article 33 [Consolidation]34; (d) minutes or transcripts of hearings of the tribunal, where if available; and (e) orders, awards, awards and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any If a disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing hearing, it shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the such information from disclosuredisclosure which may include closing the hearing for the duration of the discussion of such information. 3. Nothing in this Section requires shall require a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information information, or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]1916. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where if the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted 16 For greater certainty, if a respondent chooses to disclose to the tribunal information that may be withheld in accordance with Article 19, the respondent may still withhold that information from disclosure to the public. to the tribunal; (c) A a disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the protected information. Only the redacted version shall be provided to the non-disputing Party and made public disclosed in accordance with paragraph 1; and (d) The the tribunal shall shall, subject to paragraph 3, decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may may: (i) withdraw all or part of its submission containing such that information, or ; or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (id)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (iid)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its lawslaws and regulations.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [Consolidation]; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security EssentialSecurity Article] or Article 19 [Disclosure of Information Article]. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s tribunalâs determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] 10.19.2 and (3) [Amicus Submissions] 10.19.3 and Article 33 [Consolidation]10.24; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [21.2 (Essential Security Article] Security) or Article 19 [21.4 (Disclosure of Information Article]Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intentintent referred to in Article 15.15.4; (b) the notice of arbitrationarbitration referred to in Article 15.15.6; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] 15.19.2 and (3) [Amicus Submissions] 15.19.3 and Article 33 [Consolidation]15.24; (d) minutes or transcripts of hearings of the tribunal, where available; and and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [21.2 (Essential Security Article] Security) or Article 19 [21.4 (Disclosure of Information Article]Information). 4. Any protected Protected information that shall, if such information is submitted to the tribunal shall tribunal, be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (dparagraph 4(d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (bparagraph 4(b);. (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal;. (c) A disputing party shall, at the same time that it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and. (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (cparagraph 4(c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires authorizes a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the publicpublic at their cost: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [26.2 and 26.3 (Conduct of the Arbitration), Article 27.2 (The Non-Disputing Party submissions] and (3Party) [Amicus Submissions] and Article 33 [31 (Consolidation]); (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected confidential information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosuredisclosure including closing the hearing for the duration of any discussion of such information. 3. Nothing in this Section requires shall require a respondent to to: (a) disclose protected confidential information, or information or to which, if disclosed, would impede law enforcement; or (b) furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article](Exceptions). 4. Any protected If confidential information that is submitted to the tribunal tribunal, it shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected confidential information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any any disputing party claiming that certain information constitutes protected confidential information shall clearly designate the information at the time it is submitted to the tribunal; (c) A a disputing party shall, at the same time that it submits a document containing information claimed to be protected confidential information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The the tribunal shall decide any objection regarding the designation of information claimed to be protected confidential information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may may: (i) withdraw all or part of its submission containing such information, or ; or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (id)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (iid)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any confidential information in such documents be protected. 6. Nothing in this Section requires authorises a respondent to withhold from the public information required to be disclosed by its lawslaw.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and through 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the publicpublicly available: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] Articles 10.25.3 and (3) [Amicus Submissions] and Article 33 [Consolidation]10.26.1; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosuredisclosure which may include closing the hearing for the duration of any discussion of protected information. 3. Nothing in this Section Section, including paragraph 4(d), requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential 20.2 (Security Article] Exceptions) or Article 19 [20.7 (Disclosure of Information Article]Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the any non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted according to any schedule set by the tribunal; (c) A a disputing party shall, at according to any schedule set by the time it submits a document containing information claimed to be protected informationtribunal, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public disclosed in accordance with paragraph 1; and; (d) The tribunal the tribunal, subject to paragraph 3, shall decide any objection by a disputing party regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may may: (i) withdraw all or part of its submission containing such information, or ; or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). ) In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under sub-subparagraph (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under sub- subparagraph (ii) of the disputing party that first submitted the information; and (e) On the request of a respondent, the Joint Commission shall consider issuing a decision in writing regarding a determination by the tribunal that information claimed to be protected was not properly designated. If the Joint Commission issues a decision within 60 days of such a request, it shall be binding on the tribunal, and any decision or award issued by the tribunal must be consistent with that decision. If the Joint Commission does not issue a decision within 60 days, and provided that the non-disputing Party submits a written statement to the Joint Commission within that period that it agrees with the tribunal's determination, the tribunal's determination shall remain in effect. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] 8.24.2, Article 8.24.3 and Article 33 [Consolidation]8.29; (d) minutes or transcripts of hearings of the tribunal, where if available; and (e) orders, awards, awards and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any If a disputing party that intends to use information in a hearing that is designated as protected information in a hearing or otherwise subject to paragraph 3 it shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the such information from disclosuredisclosure which may include closing the hearing for the duration of the discussion of that information. 3. Nothing in this Section Section, including paragraph 4(d), requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information information, or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential 28.2 (Security Article] Exceptions) or Article 19 [28.5 (Disclosure of Information Article]Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where if the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted according to any schedule set by the tribunal; (c) A a disputing party shall, at according to any schedule set by the time it submits a document containing information claimed to be protected informationtribunal, submit a redacted version of the document that does not contain the protected information. Only the redacted version shall be provided to the non-disputing Party and made public disclosed in accordance with paragraph 1; and (d) The tribunal the tribunal, subject to paragraph 3, shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such the information was not properly designated, the disputing party that submitted the information may may: (i) withdraw all or part of its submission containing such that information, or ; or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). In ; and (iii) in either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (id)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (iid)(ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its lawslaws or regulations. The respondent should endeavour to apply those laws and regulations in a manner sensitive to protecting from disclosure information that has been designated as protected information.

Transparency of Arbitral Proceedings. (1. ) Subject to paragraphs 2 Paragraphs (2) and (4), the claimant and respondent shall, after receiving sending the following documentsdoc- uments to the other disputing party, promptly transmit them to the non-disputing Party and Secretariat of the Dispute Settlement Body which shall make them available to the public, including by Internet: (a) the notice of intentintention; (b) any settlement agreement resulting from alternative dispute resolution processes; c) the notice of arbitration; (cd) pleadings, memorials, memorials and briefs submitted to the tribunal by a disputing party and any written submissions sub- missions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [Consolidation]this Annex or the Rules of Arbitration; (de) minutes or transcripts of hearings of the tribunal, where available; and (ef) all orders, awards, and decisions of the tribunal. (2. ) The tribunal shall conduct all hearings open to the public and shall determine, in consultation with the disputing parties, parties and the dispute settlement Secretariat the appropriate logistical arrangements. However, any disputing party that intends to use information designated as confidential business infor- mation or information that is privileged or otherwise protected information from disclosure under a party’s law in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. (3. ) Nothing in this Section section requires a respondent to disclose confidential business information or informa- tion that is privileged or otherwise protected information from disclosure under a Party’s law or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]this Agreement. (4. Any protected ) Confidential business information or information that is privileged or otherwise protected from disclo- sure under a Party’s law shall, if such information is submitted to the tribunal shall tribunal, be protected from disclosure dis- closure in accordance with the following procedures: (a) Subject subject to subparagraph Sub-paragraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party party or to the public any confidential business information or information that is privileged or otherwise protected information from disclosure under a Party’s law where the disputing party that provided the information clearly designates it in accordance with subparagraph Sub-paragraph (b); (b) Any any disputing party claiming that certain information constitutes confidential business information or information that is privileged or otherwise protected information from disclosure under a Party’s law shall clearly designate the information at the time it is submitted to the tribunal; (c) A a disputing party shall, at the same time that it submits a document containing information claimed to be protected informationconfidential business information or information that is privileged or otherwise pro- tected from disclosure under a Party’s law, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party party and made public in accordance with paragraph Paragraph (1); and (d) The the tribunal shall decide any objection regarding the designation of information claimed to be con- fidential business information or information that is privileged or otherwise protected informationfrom disclo- sure under a Party’s law. If the tribunal determines that such information was not properly designateddesig- nated, the disputing party that submitted the information may (may: i) withdraw all or part of its submission containing such information, or (; or ii) agree to resubmit complete and redacted documents with corrected designations in accordance accor- dance with the tribunal’s determination and subparagraph Sub-paragraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under Sub-paragraph (id)(i) by the disputing dis- puting party that first submitted the information or redesignate the information consistent with the designation under Sub-paragraph (iid)(ii) of the disputing party that first submitted the informationinfor- mation. (5. ) Nothing in this Section requires Agreement authorizes a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the The notice of intent; (b) the The notice of arbitration; (c) pleadingsPleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [Consolidation]33; (d) minutes Minutes or transcripts of hearings of the tribunal, where available; and (e) ordersOrders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]19. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] 10.20.2 and (3) [Amicus Submissions] 10.20.3 and Article 33 [Consolidation]10.25; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [21.2 (Essential Security Article] Security) or Article 19 [21.5 (Disclosure of Information Article]Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party shall, at the same time that it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shallA disputing Contracting Party shali, after receiving the following documents, to the extent permitted by the domestic law of a Contracting Party, promptly transmit them to the non-disputing Contracting Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [Consolidation]party; (d) minutes or transcripts of hearings of the tribunal, where available; , and (e) ordersOrders, awards, and decisions of the tribunal. 2. The To the extent permitted by the domestic law, the tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party Contracting Party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]. 4. Any protected information that is submitted to the tribunal shall shali be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties Contracting Parties nor the tribunal shall disclose disdose to the any non-disputing Contracting Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any To the extent permitted by the domestic law any disputing party Contracting Party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A disputing party Contracting Party shall, at the same time that it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing Party Contracting Parties and made public in accordance with paragraph 1; , and (d) The tribunal shall decide any objection regarding the designation of information claimed to be protected information. If , if the tribunal determines that such information was not properly property designated, the disputing party Contracting Party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s 's determination and subparagraph (c). In either case, the other disputing party Contracting Party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party Contracting Party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 54. Nothing in this Section requires a respondent disputing Contracting Party to withhold from the public information required to be disclosed to the extent permitted by its lawsthe domestic law.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit deliver them without delay to the nonNon-disputing Party Disputing Parties and make them available publicly available: The Notice of Intent referred to the public: (a) the notice in Article 10.16.2; The Notice of intent; (b) the notice Arbitration referred to in Article 10.16.4; The allegations, statements of arbitration; (c) pleadings, memorials, claim and briefs submitted presented to the tribunal by a disputing party Disputing Party and any written submissions submitted submission made pursuant to Article 28(2) [Non-Disputing Party submissions] 10.20.2 and (3) [Amicus Submissions] 10.20.3 and Article 33 [Consolidation]; (d) 10.25; The minutes or transcripts of hearings transcriptions of the tribunaltribunal hearings, where available; and (e) and The tribunal orders, awards, awards and decisions of the tribunal. 2decisions. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing partiesDisputing Parties, the appropriate logistical arrangements. However, any disputing party Disputing Party that intends to use information designated classified as protected information in a hearing shall so advise the tribunal. The tribunal shall make the appropriate arrangements to protect the information from disclosure. 3, including closing the hearing during any discussion of confidential information. Nothing in this Section requires a the respondent to disclose make protected information available or to furnish provide or allow access to information that it may withhold in accordance with pursuant to Article 18 [18.3 (Essential Security Article] Security) or Article 19 [Disclosure of 18.5 (Information Article]. 4Disclosure). Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with pursuant to the following procedures: (a) Subject to : In accordance with subparagraph (d), neither the disputing parties Disputing Parties nor the tribunal shall disclose to the nonNon-disputing Disputing Party or to the public any protected information information, where the disputing party that provided Disputing Party providing the information clearly designates it in accordance with as such pursuant to subparagraph (b); (b) ; Any disputing party Disputing Party claiming that certain information constitutes protected information information, shall clearly designate the information at the time it as such when it is submitted to the tribunal; (c) ; A disputing party Disputing Party shall, at the time it submits when submitting a document containing that contains information claimed to be protected information, at the same time submit a redacted an edited version of the document that does not contain the that information. Only the redacted edited version shall be provided to the non-disputing Party Disputing Parties and made public in accordance with pursuant to paragraph 1; and (d) , and The tribunal shall decide make a decision on any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such said information was not properly appropriately designated, the disputing party Disputing Party that submitted the information may (i) withdraw may: Withdraw all or part of its the submission containing that contains such information, or (ii) agree Agree to resubmit complete and redacted re-submit the full documents edited with corrected designations in accordance with pursuant to the tribunal’s determination and subparagraph (c). In either case, the other disputing party shallDisputing Party must, whenever necessaryas appropriate, resubmit complete full and redacted documents edited documents, which either remove the information withdrawn under (i) by the disputing party Disputing Party that first submitted the information pursuant to subparagraph (d)(i) or redesignate the information consistent consistently with the designation under made pursuant to subparagraph (iid)(ii) of by the disputing party Disputing Party that first submitted the information. 5. Nothing in this Section requires a the respondent to withhold from the public information required to be disclosed by its lawslaw.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the public: (a) the notice of intent; (b) the notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] 10.20.2 and Article 33 [Consolidation]10.25; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that intends to use information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Nothing in this Section requires a respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 18 [Essential Security Article] 23.02 (National Security) or Article 19 [23.05 (Disclosure of Information Article]Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted to the tribunal; (c) A a disputing party shall, at the same time that it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted this version shall be provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The the tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such information was not properly designated, the disputing party that submitted the information may (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under (ii) of the disputing party that first submitted the information. 5. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws.