Common use of PROCEDURAL BACKGROUND Clause in Contracts

PROCEDURAL BACKGROUND. 1. On 1 September 2023, the Parties and the Tribunal entered into the Terms of Appointment (“ToA”) for these proceedings. Paragraph 18.1 refers to the regulation of transparency contained in Article 26 of Chapter 11 of the AANZFTA, and Paragraph 18.2 provides as follows: In accordance with the above, additional measures of transparency shall be determined by agreement between the Parties or, in the absence of such agreement, by the Tribunal. The Tribunal will provide a draft order to facilitate the Parties’ discussions. 2. On 17 November 2023, further to Paragraph 18.2 of the ToA, the Tribunal provided the Parties with a draft of this Procedural Order (“Draft PO3”), and invited them to engage in consultations and revert by 1 December 2023. 3. On 28 November 2023, the Parties met virtually to discuss Draft PO3 and subsequently exchanged written comments on the same. 4. On 1 December 2023, the Parties commented on Draft PO3 and provided additional comments in separate letters. 5. This Procedural Order records the Parties’ agreement or the Tribunal’s determinations on transparency/confidentiality.