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 referred to in Article 10.15(4); (b) the notice of arbitration referred to in Article 10.15(6); (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 10.19(2) and (3) and Article 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 confidential business information or information that is privileged or otherwise protected 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 from disclosure under a Party’s law or t o furnish or allow access to information that it may withhold in accordance with Article 23.2 (Essential Security) or Article 23.5 (

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 referred to in Article 10.15(4)10.16.2; (b) the notice of arbitration referred to in Article 10.15(6)10.16.4; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to paragraphs 2 and 3 of Article 10.19(2) and (3) 10.20, Article 10.21.2 and Article 10.2410.26; (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 confidential business information or information that is privileged or otherwise protected 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 disclosuredisclosure including closing the hearing for the duration of any discussion of confidential information. 3. Nothing in this 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 Party’s law or t o to furnish or allow access to information that it may withhold in accordance with Article 23.2 22.2 (Essential Security) or Article 23.5 (Security Exceptions