Common use of Transparency of Arbitral Proceedings Clause in Contracts

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 3, 4 and 5, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party: (a) the request for consultations; (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 9.21; (d) minutes or transcripts of hearings of the tribunal, where available; and (e) orders, awards, and decisions of the tribunal. 2. Subject to paragraphs 3, 4 and 5, the respondent: (a) shall make the documents referred to in paragraph 1 (a), (b) and (e) available to the public; (b) may make the documents referred to in paragraph 1(c) and (d) available to the public; (c) may make any written submissions submitted pursuant to Article 9.16.2 available to the public provided that prior consent is obtained from the non-disputing Party. 3. With the agreement of the respondent, 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. 4. 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 16.1 (Disclosure and Confidentiality of Information) or Article 16.3 (Security Exceptions) of Chapter 16 (General Provisions and Exceptions). 5. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) 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, within 7 days after 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 may be provided to the non-disputing Party and made public in accordance with paragraphs 1 and 2.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 3, 4 2 and 54, the respondent shall, after receiving the following documents, shall promptly transmit them deliver to the non-disputing PartyParties the following documents and make them available to the public: (a) the request for consultationsnotification of intent; (b) the notice of request for arbitration; (c) the pleadings, memorials, pleadings and briefs explanatory notes submitted to the tribunal Tribunal by a disputing party and any written submissions communication submitted pursuant to Article 9.21in accordance with Articles 12.23 and 12.28; (d) the minutes or transcripts of hearings of the tribunalCourt hearings, where when available; andY (e) orders, awards, awards and decisions of the tribunalCourt. 2. Subject Unless there is a well-founded objection from any of the disputing parties that is duly approved by the Court and subject to paragraphs 3, 4 and 5its decision, the respondent: (a) Court shall make the documents referred to in paragraph 1 (a), (b) and (e) available to the public; (b) may make the documents referred to in paragraph 1(c) and (d) available to the public; (c) may make any written submissions submitted pursuant to Article 9.16.2 available to the public provided that prior consent is obtained from the non-disputing Party. 3. With the agreement of the respondent, the tribunal shall conduct hold hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate pertinent logistical arrangements. However, any disputing party that intends to use information designated classified as protected information in a hearing shall so advise inform the tribunalCourt. The tribunal shall Court will make the appropriate arrangements to protect the information from its disclosure. 43. 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 retain in accordance with Article 16.1 19.2 (Disclosure and Confidentiality of InformationNational Security) or Article 16.3 19.4 (Security Exceptions) Disclosure of Chapter 16 (General Provisions and ExceptionsInformation). ). 54. Any protected information that is submitted to the tribunal shall Court must be protected from disclosure in accordance with the following procedures: (a) Neither subject to subparagraph (d), neither the disputing parties nor the tribunal Tribunal shall disclose to the any non-disputing Party or to the public any protected information where when the disputing party that provided providing the information clearly designates it in that manner in accordance with subparagraph (the literal ( b); (b) Any any disputing party claiming that certain information constitutes protected information information, shall designate it clearly designate the information at the time it is submitted presented to the tribunalCourt; (c) A a disputing party shall, within 7 days after at the same time that it submits presents a document containing alleged information claimed to be as protected information, submit a redacted version of the document that does not contain the protected information. Only the redacted drafted version may will be provided to the non-disputing Party Parties and made will be public according to paragraph 1; Y (d) The Court will decide on any objection in relation to the designation of alleged information as protected information. If the Court determines that such information was not appropriately designated, the disputing party that submitted the information may: (i) withdraw all or part of the presentation that contains such information, or (ii) agree to re-submit full and redacted documents with corrected designations in accordance with paragraphs 1 the Court's determination and 2with literal (c). In any case, the other disputing party must, when necessary, re-submit full and drafted documents, which omit the information withdrawn in accordance with subparagraph (i) by the disputing party that first submitted the information or re- designate the information form compatible with the designation made in accordance with subparagraph (ii) of the disputing party that submitted the information first. 5. Nothing in this Section requires the defendant to deny access to the public to information that, according to its legislation, must be disclosed.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 34, 4 5 and 56, the respondent shall, after receiving the following documents, promptly transmit them shall deliver to the non-disputing PartyParty and make available to the public, the following documents: (a) the request for consultationsThe notice of intent; (b) the notice of The request for arbitration;, and (c) Court orders, awards and decisions. 2. Subject to paragraphs 4, 5 and 6, the disputing parties may agree to deliver to the non-disputing Party and make available to the public the following documents: (a) The publication of pleadings, memorials, briefs and briefs communications submitted to the tribunal by a disputing party and any written submissions communication submitted pursuant to Article 9.21; (d) minutes or transcripts of hearings of the tribunal8.31, where available; and (e) orders, awards, and decisions of the tribunal. 2. Subject to paragraphs 3, 4 and 5, the respondent: (a) shall make the documents referred to in paragraph 1 (a), (b) and (e) available to the public; (b) may make the documents referred to in paragraph 1(c) and (d) available to the public; (c) may make any written submissions submitted pursuant to Article 9.16.2 available to the public provided that prior consent is obtained from the non-disputing PartyMinutes or transcripts of court hearings, when available. 3. With the agreement of the respondent, the tribunal The disputing parties may also agree that hearings shall conduct hearings be open to the public and shall determinepublic. In such a case, in consultation with the disputing parties, the appropriate logistical arrangements. However, any if a disputing party that intends to use information designated at a hearing that is classified as protected information in a hearing or otherwise subject to paragraph 5, it shall so advise inform the tribunal. The tribunal shall make appropriate arrangements to protect the such information from disclosure, which may include closing the hearing during the discussion of such information. 4. Nothing in this Section Section, including paragraph 5(d), requires a respondent to make available to the public or otherwise disclose during or after arbitration proceedings, including the hearing, protected information or to furnish providing or allow permitting access to information that it may withhold in accordance with pursuant to Article 16.1 (Disclosure and Confidentiality of Information) or Article 16.3 19.2 (Security Exceptions) or Article 19.5 (Disclosure of Chapter 16 Information) (General Provisions and Exceptions12). 5. Any protected information that is submitted to the tribunal court shall be protected from disclosure in accordance with the following procedures: (a) Neither Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any information designated as protected information where when the disputing party that provided providing 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 in accordance with any procedures established by the tribunal; (c) A disputing party shall, within 7 days after it submits a document containing information claimed to be protected informationin accordance with any procedures established by the tribunal, submit a redacted version of the document that does not contain the protected information. Only the redacted version may shall be provided disclosed in accordance with paragraph 1; and (d) Subject to paragraph 4, the tribunal shall decide any objection to the designation of information claimed to be protected information. If the tribunal determines that the information was not properly designated, the disputing party that submitted the information may: (i) Withdraw all or part of your presentation containing such information, or (ii) Agree to resubmit complete and redacted documents with corrected designations in accordance with the court's determination and subparagraph (c). In any event, the other disputing party shall, where necessary, resubmit complete and redacted documents in which the information removed pursuant to subparagraph (d)(i) by the disputing party that first submitted the information has been removed, or redesignate the information in a manner consistent with the designation made pursuant to subparagraph (d)(ii) of the disputing party that first submitted the information. 6. Nothing in this Section requires the respondent or the non-disputing Party to deny public access to information that, under its laws, must be disclosed. The respondent and made public the non-disputing Party shall endeavor to apply those laws in accordance with paragraphs 1 and 2a manner that protects from disclosure information that has been designated as protected information.

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 3, 4 2 and 54, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing PartyParty and make them available to the public: (a) the request for consultationsnotice of intent 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 submitted pursuant to Article 9.2128(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. Subject to paragraphs 3, 4 and 5, the respondent: (a) shall make the documents referred to in paragraph 1 (a), (b) and (e) available to the public; (b) may make the documents referred to in paragraph 1(c) and (d) available to the public; (c) may make any written submissions submitted pursuant to Article 9.16.2 available to the public provided that prior consent is obtained from the non-disputing Party. 3. With the agreement of the respondent, the 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. 43. 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 16.1 (Disclosure and Confidentiality of Information) 18 [Essential Security Article] or Article 16.3 (Security Exceptions) 19 [Disclosure of Chapter 16 (General Provisions and Exceptions)Information Article]. 54. 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) Neither Subject to paragraph 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, within 7 days after 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 may shall be provided to the non-disputing Party and made public in accordance with paragraphs 1 paragraph 1. (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 2redacted documents with corrected designations in accordance with the tribunal’s determination and paragraph 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 3, 4 and 5, The written submissions 6 presented by the respondent shall, after receiving the following documents, promptly transmit them disputing parties to the non-disputing Partytribunal and the procedural orders, decisions, and award(s) of the tribunal shall be made available to the public after the tribunal renders its final award, except for protected information consisting of: (a) business information that is not in the request for consultationspublic domain which describes, contains or otherwise reveals trade secrets or financial, commercial, scientific or technical information that has been consistently treated as confidential information by the party to whom it is related, including but not limited to information on prices, costs, strategic and marketing plans, market share data, and accounting or financial records; (b) the notice of arbitrationinformation that is protected from disclosure by law; (c) pleadingsinformation the disclosure of which a Contracting Party determines to be contrary to its essential security interests; and (d) information the disclosure of which would impede law enforcement or otherwise be contrary to public interest. 2. Within 30 days after the final award is delivered, memorials, and briefs submitted to a disputing party that considers that any submission made before the tribunal or any procedural 6 Submissions include the memorial, counter-memorial, reply, rejoinder and any other submission made by a disputing party and any written submissions submitted pursuant to Article 9.21; (d) minutes during the arbitration. order, decision or transcripts of hearings award of the tribunal, where available; and tribunal contains protected information that it would like to remain confidential shall consult the other disputing party (eor parties) orders, awards, and decisions with a view to reaching an agreement on redaction of the tribunal. 2. Subject such information prior to paragraphs 3, 4 and 5, the respondent: (a) shall make the documents referred to in paragraph 1 (a), (b) and (e) it available to the public;. (b) may make 3. If the documents referred to in paragraph 1(c) and (d) available disputing parties cannot agree on the proposed redactions within a further 30 days they shall submit the points on which they cannot agree to the public;chairman of the tribunal who shall decide the matter forthwith and make an allocation of any additional costs of the arbitration arising from the disputing parties’ failure to agree. 4. If a disputing party does not notify the other disputing party (cor parties) may of its request to preserve confidentiality over protected information in a particular submission, procedural order, decision or award within 30 days of the delivery of the final award, that disputing party shall be deemed to have consented to make any written submissions submitted pursuant to Article 9.16.2 available to the public provided that prior consent is obtained from the non-disputing Party. 3. With the agreement of the respondentsuch submission, the tribunal shall conduct hearings open to the public and shall determineprocedural order, 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. 4. Nothing in this Section requires a respondent to disclose protected information decision or to furnish or allow access to information that it may withhold in accordance with Article 16.1 (Disclosure and Confidentiality of Information) or Article 16.3 (Security Exceptions) of Chapter 16 (General Provisions and Exceptions)award. 5. Any protected information that is submitted to The notice of intent and the tribunal notice of arbitration shall be protected from disclosure in accordance with the following procedures: (a) Neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or available to the public at 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, within 7 days after 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 may be provided to the non-disputing Party and made public in accordance with paragraphs 1 and 2time.