Common use of Transparency of Arbitral Proceedings Clause in Contracts

Transparency of Arbitral Proceedings. (1) Subject to Paragraphs (2) and (4), the claimant and respondent shall, after sending the following documents to the other disputing party, promptly transmit them to the Secretariat which shall make them available to the public including by Internet: (a) the notice of intention; (b) any settlement agreement resulting from alternative dispute resolution processes; (c) the notice of arbitration; (d) pleadings, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to this Annex or the Rules of Arbitration; (e) minutes or transcripts of hearings of the tribunal, where available; and (f) 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 and the 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 from disclosure under a partys 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 from disclosure under a Member States law or to furnish or allow access to information that it may withhold in accordance with this Agreement. (4) Confidential business information or information that is privileged or otherwise protected from disclosure under a Member States law shall, if such information is submitted to the tribunal, be protected from disclosure in accordance with the following procedures: (a) subject to Sub-paragraph (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 from disclosure under a Member States law where the disputing party that provided the information clearly designates it in accordance with Sub-paragraph (b); (b) any disputing party claiming that certain information constitutes confidential business information or information that is privileged or Otherwise protected from disclosure under a Member States 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 from disclosure under a Member States 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 from disclosure under a Member States 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 tribunals determination and 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 (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under Sub-paragraph (d)(ii) of the disputing party that first submitted the information. (5) Nothing in this 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) paragraphs 2 and (4), the claimant and respondent shall, after sending receiving the following documents to the other disputing partydocuments, promptly transmit them to the Secretariat which shall make them available to the public including by Internetat their cost: (a) the notice of intentionintent referred to in Article 10.16.2; (b) any settlement agreement resulting from alternative dispute resolution processesthe notice of arbitration referred to in Article 10.16.4; (c) the notice of arbitration; (d) pleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to this Annex or the Rules paragraphs 2 and 3 of ArbitrationArticle 10.20, Article 10.21.2 and Article 10.26; (ed) minutes or transcripts of hearings of the tribunal, where available; and (fe) 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 and the Secretariat parties, 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 from disclosure under a partys Party’s law 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 confidential information. (3) . Nothing in this section Section requires a respondent to disclose confidential business information which would impede law enforcement or information that is privileged or otherwise protected from disclosure under a Member States Party’s law or to furnish or allow access to information that it may withhold in accordance with this AgreementArticle 22.2 (Security Exceptions – General Provisions and Exceptions Chapter) or Article 22.5 (Disclosure of Information – General Provisions and Exceptions Chapter). (4) . Information that may be designated as confidential information is limited to any sensitive factual information that is not available in the public domain. 5. Confidential business information or information that is privileged or otherwise protected from disclosure under a Member States Party’s law shall, if such information is submitted to the tribunal, be protected from disclosure in accordance with the following procedures: (a) subject Subject to Sub-paragraph subparagraph (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 from disclosure under a Member States Party’s law where the disputing party that provided the information clearly designates it in accordance with Sub-paragraph subparagraph (b); (b) any Any disputing party claiming that certain information constitutes confidential business information or information that is privileged or Otherwise otherwise protected from disclosure under a Member States 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 confidential business information or information that is privileged or otherwise protected from disclosure under a Member States 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 (paragraph 1); and (d) the 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 from disclosure under a Member States 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 tribunals tribunal’s determination and Sub-paragraph 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-paragraph subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under Sub-paragraph subparagraph (d)(ii) of the disputing party that first submitted the information. (5) 6. A disputing party may disclose to other persons in connection with the arbitral proceedings such confidential documents as it considers necessary for the preparation of its case, but it shall require that any confidential information in such documents is protected. 7. Nothing in this Agreement authorizes Section authorises a respondent to withhold from the public information required to be disclosed by its laws.

Transparency of Arbitral Proceedings. (1) . Subject to Paragraphs (2) paragraphs 2 and (4), the claimant and respondent shall, after sending receiving the following documents to the other disputing partydocuments, promptly transmit them to the Secretariat which shall make them available to the public including by Internetat their cost: (a) the notice of intentionintent referred to in Article 10.16.2; (b) any settlement agreement resulting from alternative dispute resolution processesthe notice of arbitration referred to in Article 10.16.4; (c) the notice of arbitration; (d) pleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to this Annex or the Rules paragraphs 2 and 3 of ArbitrationArticle 10.20, Article 10.21.2 and Article 10.26; (ed) minutes or transcripts of hearings of the tribunal, where available; and and (fe) 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 and the Secretariat parties, 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 from disclosure under a partys Party's law 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 confidential information. (3) . Nothing in this section Section requires a respondent to disclose confidential business information which would impede law enforcement or information that is privileged or otherwise protected from disclosure under a Member States Party's law or to furnish or allow access to information that it may withhold in accordance with this AgreementArticle 22.2 (Security Exceptions — General Provisions and Exceptions Chapter) or Article 22.5 (Disclosure of Information — General Provisions and Exceptions Chapter). (4) . Information that may be designated as confidential information is limited to any sensitive factual information that is not available in the public domain. 5. Confidential business information or information that is privileged or otherwise protected from disclosure under a Member States Party's law shall, if such information is submitted to the tribunal, be protected from disclosure in accordance with the following procedures: (a) subject Subject to Sub-paragraph subparagraph (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 from disclosure under a Member States Party's law where the disputing party that provided the information clearly designates it in accordance with Sub-paragraph subparagraph (b); (b) any Any disputing party claiming that certain information constitutes confidential business information or information that is privileged or Otherwise otherwise protected from disclosure under a Member States 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 confidential business information or information that is privileged or otherwise protected from disclosure under a Member States 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 (paragraph 1); and (d) the 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 from disclosure under a Member States 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 tribunals tribunal's determination and Sub-paragraph 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-paragraph subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under Sub-paragraph subparagraph (d)(ii) of the disputing party that first submitted the information. (5) 6. A disputing party may disclose to other persons in connection with the arbitral proceedings such confidential documents as it considers necessary for the preparation of its case, but it shall require that any confidential information in such documents is protected. 7. Nothing in this Agreement authorizes Section authorises 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 claimant and respondent shall, after sending the following documents to the other disputing party, promptly transmit them to the Secretariat which shall make them available to the public including by Internet: (a) the notice of intention; (b) any settlement agreement resulting from alternative dispute resolution processes; (c) the notice of arbitration; (d) pleadings, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to this Annex or the Rules of Arbitration; (e) minutes or transcripts of hearings of the tribunal, where available; and (f) 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 and the 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 from disclosure under a partys 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 from disclosure under a Member States State’s law or to furnish or allow access to information that it may withhold in accordance with this Agreement. (4) Confidential business information or information that is privileged or otherwise protected from disclosure under a Member States State’s law shall, if such information is submitted to the tribunal, be protected from disclosure in accordance with the following procedures: (a) subject to Sub-paragraph (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 from disclosure under a Member States State’s law where the disputing party that provided the information clearly designates it in accordance with Sub-paragraph (b); (b) any disputing party claiming that certain information constitutes confidential business information or information that is privileged or Otherwise otherwise protected from disclosure under a Member States State’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 from disclosure under a Member States State’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 from disclosure under a Member States State’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 tribunals tribunal’s determination and 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 (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under Sub-paragraph (d)(ii) of the disputing party that first submitted the information. (5) Nothing in this 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 claimant and respondent shall, after sending the following documents to the other disputing party, promptly transmit them to the Secretariat which shall make them available to the public [including by Internet]: (a) the notice of intention; (b) any settlement agreement resulting from alternative dispute resolution processes; (c) the notice of arbitration; (d) pleadings, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to this Annex or the Rules of Arbitration; (e) minutes or transcripts of hearings of the tribunal, where available; and (f) 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 and the 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 from disclosure under a partys 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 from disclosure under a Member States State’s law or to furnish or allow access to information that it may withhold in accordance with this Agreement. (4) Confidential business information or information that is privileged or otherwise protected from disclosure under a Member States State’s law shall, if such information is submitted to the tribunal, be protected from disclosure in accordance with the following procedures: (a) subject to Sub-paragraph (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 from disclosure under a Member States State’s law where the disputing party that provided the information clearly designates it in accordance with Sub-paragraph (b); (b) any disputing party claiming that certain information constitutes confidential business information or information that is privileged or Otherwise otherwise protected from disclosure under a Member States State’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 from disclosure under a Member States State’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 from disclosure under a Member States State’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 tribunals determination and 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 (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under Sub-paragraph (d)(ii) of the disputing party that first submitted the information. (5) Nothing in this 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) paragraphs 2 and (4), the claimant and respondent shall, after sending receiving the following documents to the other disputing partydocuments, promptly transmit them to the Secretariat which shall non-disputing Party and make them available to the public including by Internetpublic: (a) the notice of intentionintent referred to in Article 10.15(4); (b) any settlement agreement resulting from alternative dispute resolution processesthe notice of arbitration referred to in Article 10.15(6); (c) the notice of arbitration; (d) pleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to this Annex or the Rules of ArbitrationArticle 10.19(2) and (3) and Article 10.24; (ed) minutes or transcripts of hearings of the tribunal, where available; and (fe) 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 and the Secretariat parties, 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 from disclosure under a partys 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 information that is privileged or otherwise protected from disclosure under a Member States Party’s law or to furnish or allow access to information that it may withhold in accordance with this AgreementArticle 23.2 (Essential Security) or Article 23.5 (Disclosure of Information). (4) . Confidential business information or information that is privileged or otherwise protected from disclosure under a Member States Party’s law shall, if such information is submitted to the tribunal, be protected from disclosure in accordance with the following procedures: (a) subject Subject to Sub-paragraph subparagraph (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 from disclosure under a Member States Party’s law where the disputing party that provided the information clearly designates it in accordance with Sub-paragraph subparagraph (b); (b) any Any disputing party claiming that certain information constitutes confidential business information or information that is privileged or Otherwise otherwise protected from disclosure under a Member States 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 confidential business information or information that is privileged or otherwise protected from disclosure under a Member States 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 confidential business information or information that is privileged or otherwise protected from disclosure under a Member States 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 tribunals tribunal’s determination and Sub-paragraph 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-paragraph subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under Sub-paragraph subparagraph (d)(ii) of the disputing party that first submitted the information. (5) . Nothing in this Agreement Section 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) paragraphs 2 and (4), the claimant and respondent shall, after sending receiving the following documents to the other disputing partydocuments, promptly transmit them to the Secretariat which shall non-disputing Party and make them available to the public including by Internetpublic: (a) the notice of intentionintent referred to in Article 10.15(4); (b) any settlement agreement resulting from alternative dispute resolution processesthe notice of arbitration referred to in Article 10.15(6); (c) the notice of arbitration; (d) pleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to this Annex or the Rules of ArbitrationArticle 10.19(2) and (3) and Article 10.24; (ed) minutes or transcripts of hearings of the tribunal, where available; and and (fe) 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 and the Secretariat parties, the appropriate logistical arrangementsarangements. However, any disputing party that intends to use information designated as confidential business information or information that is privileged or otherwise protected from disclosure under a partys 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 information that is privileged or otherwise protected from disclosure under a Member States Partyâs law or to furnish or allow access to information that it may withhold in accordance with this AgreementArticle 23.2 (Essential Security) or Article 23.5 (Disclosure of Information). (4) . Confidential business information or information that is privileged or otherwise protected from disclosure under a Member States Party's law shall, if such information is submitted to the tribunal, be protected from disclosure in accordance with the following procedures: (a) subject Subject to Sub-paragraph subparagraph (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 from disclosure under a Member States Partyâs law where the disputing party that provided the information clearly designates it in accordance with Sub-paragraph subparagraph (b); (b) any Any disputing party claiming that certain information constitutes confidential business information or information that is privileged or Otherwise otherwise protected from disclosure under a Member States 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 confidential business information or information that is privileged or otherwise protected from disclosure under a Member States 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 confidential business information or information that is privileged or otherwise protected from disclosure under a Member States 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 tribunals tribunal's determination and Sub-paragraph 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-paragraph subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under Sub-paragraph subparagraph (d)(ii) of the disputing party that first submitted the information. (5) . Nothing in this Agreement Section authorizes a respondent to withhold from the public information required to be disclosed by its laws.