Transparency of Proceedings. Annex 8 (Rules on Public Access to Documents, Hearings and the Possibility of Third Persons to Make Submissions) shall apply to disputes under this Section.
Transparency of Proceedings. 1. The UNCITRAL Transparency Rules apply to disputes under this Section, subject to paragraphs 2 to 8.
2. The request for consultations under Article 3.30 (Consultations), the notice of intent under paragraph 1 of Article 3.32 (Notice of Intent to Submit a Claim), the determination under paragraph 2 of Article 3.32 (Notice of Intent to Submit a Claim), the notice of challenge and the decision on this challenge under Article 3.40 (Ethics) and the request for consolidation under Article 3.59 (Consolidation) shall be included in the list of documents referred to in Article 3(1) of the UNCITRAL Transparency Rules.
3. Subject to Article 7 of the UNCITRAL Transparency Rules, the Tribunal may decide, on its own initiative or upon request from any person, and after consultation with the disputing parties, whether and how to make available any other documents provided to, or issued by, the Tribunal not falling within Article 3(1) and 3(2) of the UNCITRAL Transparency Rules. This may include exhibits when the respondent so agrees.
4. Notwithstanding Article 2 of the UNCITRAL Transparency Rules, the Union or Viet Nam, as the case may be, shall, after receiving the relevant documents pursuant to paragraph 2 of this Article, promptly transmit those documents to the non-disputing Party and make them publicly available, subject to the redaction of confidential or protected information1.
5. Documents referred to in paragraphs 2, 3 and 4 may be made publicly available by communication to the repository referred to in the UNCITRAL Transparency Rules or otherwise.
6. No later than three years after the date of entry into force of this Agreement, the Committee shall review the operation of paragraph 3. Upon request of either Party, the Committee may adopt a decision pursuant to subparagraph 5(c) of Article 4.1 (Committee) stipulating of Article 3(3) of the UNCITRAL Transparency Rules shall apply instead of paragraph 3 of this Article.
1 For greater certainty, confidential or protected information, as defined in Article 7(2) of the UNCITRAL Transparency Rules, includes classified government information.
7. Subject to any decision by the Tribunal on an objection regarding the designation of information claimed to be confidential or protected information, neither the disputing parties nor the Tribunal shall disclose to any non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it as such.1
8. A di...
Transparency of Proceedings. 1. The UNCTIRAL Transparency Rules shall apply in connection with proceedings under this Section except as modified by this Agreement.
2. Subject to Article 7 of the UNCITRAL Transparency Rules:
(a) the notice of intent and the decision on arbitrator challenge shall be included in the list of documents referred to in Article 3(1) of the UNCITRAL Transparency Rules; and
(b) exhibits shall be included in the list of documents referred to in Article 3(2) of the UNCITRAL Transparency Rules.
3. Notwithstanding Article 2 of the UNCITRAL Transparency Rules, prior to the constitution of the Tribunal, the respondent Party shall make publicly available in a timely manner relevant documents pursuant to paragraph 2, subject to the redaction of confidential information. Such documentation may be made publicly available by communication to the repository referred to in Article 8 of the UNCITRAL Transparency Rules.
4. A disputing party may disclose to other persons in connection with the arbitral proceedings, including witnesses and experts, such unredacted documents as it considers necessary in the course of proceedings under this Section. However, the disputing party shall ensure that those persons protect the confidential information in those documents as directed by the Tribunal.
5. A Party may share with government officials and sub-national government officials, if applicable, such unredacted documents as it considers necessary in the course of proceedings under this Section. However, such Party shall ensure that those persons protect the confidential information in those documents as directed by the Tribunal.
6. To the extent that a Tribunal’s confidentiality order designates information as confidential and a Party’s law on access to information requires public access to that information, the Party’s law on access to information shall prevail. However, a Party shall endeavour to apply its law on access to information so as to protect information designated confidential by the Tribunal.
Transparency of Proceedings. 1. All documents submitted to, or issued by, the Tribunal shall immediately be made publicly available by the Tribunal.
2. When submitting information to the Tribunal, a Party to the dispute may designate specific information as confidential if the information i. is not generally known or accessible to the public, and
Transparency of Proceedings. (A) All documents relating to a notice of intention to arbitrate, the settlement of any dispute pursuant to Article 42, the initiation of a panel or appeal, or the pleadings, evidence and decisions in them, shall be available to the public through an Internet site.
(B) Procedural and substantive oral hearings shall be open to the public.
(C) A panel or appellate tribunal may take such steps as are necessary, by exception, to protect confiden- tial business information in written form or at oral hearings.
(D) A panel or appellate tribunal shall be open to the receipt of amicus curiae submissions in accordance with the process set out in Annex A.
Transparency of Proceedings. 1. The UNCITRAL Transparency Rules, as modified by this Chapter, shall apply in connection with proceedings under this Section.
2. The request for consultations, the notice requesting a determination of the respondent, the notice of determination of the respondent, the agreement to mediate, the notice of intent to challenge a Member of the Tribunal, the decision on challenge to a Member of the Tribunal and the request for consolidation shall be included in the list of documents to be made available to the public under Article 3(1) of the UNCITRAL Transparency Rules.
3. Exhibits shall be included in the list of documents to be made available to the public under Article 3(2) of the UNCITRAL Transparency Rules.
4. Notwithstanding Article 2 of the UNCITRAL Transparency Rules, prior to the constitution of the Tribunal, Canada or the European Union as the case may be shall make publicly available in a timely manner relevant documents pursuant to paragraph 2, subject to the redaction of confidential or protected information. Such documents may be made publicly available by communication to the repository.
5. Hearings shall be open to the public. The Tribunal shall determine, in consultation with the disputing parties, the appropriate logistical arrangements to facilitate public access to such hearings. If the Tribunal determines that there is a need to protect confidential or protected information, it shall make the appropriate arrangements to hold in private that part of the hearing requiring such protection.
6. Nothing in this Chapter requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should apply those laws in a manner sensitive to protecting from disclosure information that has been designated as confidential or protected information.
Transparency of Proceedings. All documents submitted to, or issued by, the Tribunal shall be made publicly available by the International Bureau of the Permanent Court of Arbitrations, except for confidential information contained therein.
Transparency of Proceedings. Subject to paragraph 2 of this Article, all documents submitted to, or issued by, the Tribunal, and all minutes or transcripts of hearings of the Tribunal, where available, shall immediately be made publicly available by the Tribunal.
Transparency of Proceedings. Subject to paragraph 4 of this Article, all documents submitted to, or issued by, the Tribunal, and all minutes or transcripts of hearings of the Tribunal, where available, shall be made publicly available by the International Bureau of the Permanent Court of Arbitrations as soon as possible..
Transparency of Proceedings. The UNCITRAL Transparency Rules, including in regard to public hearings and the participation of third parties, as modified by this Chapter, shall apply in connection with proceedings under this Section.
