Common use of Rules of Procedure of the Arbitral Tribunal Clause in Contracts

Rules of Procedure of the Arbitral Tribunal. 1. Within the six months following the date of entry into force of this Agreement, the Commission shall adopt the rules of procedure of the arbitral tribunal. 2. Unless the Parties agree otherwise, an arbitral tribunal established in accordance with this Chapter shall follow the rules of procedure. An arbitral tribunal may establish, in consultation with the Parties, supplementary rules of procedure that do not conflict with the provisions of this Agreement and with the rules of procedure. 3. The rules of procedure of the arbitral tribunal shall guarantee: (a) The opportunity for each Party to present at least initial and reply arguments in writing; (b) The right of each Party to at least one hearing before the arbitral tribunal; (c) The right of each Party to present oral arguments ; (d) That the hearings be closed to the public, unless the Parties agree otherwise . (e) That the deliberations of the arbitral tribunal be confidential, as well as the documents and writings classified as confidential or reserved by any of the Parties, and (f) The protection of the information that either of the Parties designates as confidential or reserved information. 4. No However the provisions of paragraph 3, any Party may make public statements about their views on the difference, but treated as confidential or proprietary information, documents and papers delivered by the other party to the arbitral tribunal and that it has classified as confidential or reserved. 5. When a Party has provided information, documents or writings classified as confidential or reserved, that Party shall, within 30 days following the request of the other Party, deliver a non-confidential or non-confidential summary of such information, documents or written, which may be made public. 6. After notifying the Parties, the arbitral tribunal may, at the request of one of the Parties, or on its own initiative, collect information and request technical advice from any person or entity it deems pertinent in accordance with the rules of procedure and whatever the Parties agree within 10 days of notification. In the absence of an agreement between the Parties, the arbitral tribunal shall establish said terms. The arbitral tribunal shall provide the Parties with a copy of any opinion or advice obtained and an opportunity to comment. 7. The arbitral tribunal will seek to adopt its decisions unanimously, including its award. If this is not possible, the arbitral tribunal may adopt them by majority. 8. Each Party shall bear the cost of the arbitrators appointed by it, as well as their expenses. The cost of the president of the arbitral tribunal and other expenses associated with the development of the procedure will be assumed by the Parties in equal proportions, in accordance with the rules of procedure.

Rules of Procedure of the Arbitral Tribunal. 1. Within the six months following the date of entry into force of this Agreement, the Commission shall adopt the rules of procedure of the arbitral tribunal. 2. Unless the Parties agree otherwise, an the arbitral tribunal established in accordance with under this Chapter shall follow the rules of procedureprocedure contained in the Annex. 17.1. An The arbitral tribunal may establish, in consultation with the Parties, supplementary rules tules of procedure that do not conflict with the provisions of this Agreement and with the rules Rules of procedureProcedure set out in Annex 17.1. 32. The rules of procedure of the arbitral tribunal shall guaranteeensure: (a) The the opportunity for each Party to present submit at least initial and reply arguments in writingrebuttal written submissions; (b) The the right of each Party to at least one hearing before the arbitral tribunal; (c) The the right of each Party to present oral arguments arguments; (d) That the hearings shall be closed to the public, unless the Parties agree otherwise .otherwise; (e) That that the deliberations of the arbitral tribunal be are confidential, as well as the documents and writings classified pleadings designated as confidential or reserved privileged by any of the Partiesa Party, and (f) The the protection of the information that either of the Parties Party designates as confidential or reserved proprietary information. 43. No However the provisions of Notwithstanding paragraph 32, any a Party may make public statements about their of its views on the differencedispute, but treated shall treat as confidential or proprietary privileged information, documents and papers delivered by written submissions that the other party Party has provided to the arbitral tribunal and that it the arbitral tribunal has classified designated as confidential or reservedprivileged. 54. When Where a Party has provided information, documents or writings submissions classified as confidential or reservedprivileged, that Party it shall, within 30 days following at the request of the other Party, deliver within thirty (30) days thereafter, provide a non-confidential or non-confidential proprietary summary of such information, documents or writtensubmissions, which may be made public. 65. After notifying the Parties, the arbitral tribunal may, at At the request of one of the Parties, a Party or on its own initiative, collect if both Parties so agree, the arbitral tribunal may seek information and request technical advice from any person or entity it deems pertinent in accordance with appropriate under the rules Rules of procedure and whatever the Parties agree within 10 days of notificationProcedure. In the absence of an agreement between the Parties, The information or advice obtained shall not bind the arbitral tribunal shall establish said termstribunal. The arbitral tribunal shall provide the Parties with a copy of any opinion or advice obtained and an opportunity to comment. 76. The arbitral tribunal will shall seek to adopt reach its decisions unanimouslyby unanimity, including its award. If this is not possible, the arbitral tribunal may adopt them by majority. 87. Each Party shall bear the cost of the arbitrators arbitrator it appoints or should have appointed by it, as well as their pursuant to Article 17.8 and its expenses. The cost costs of the president of the arbitral tribunal presiding arbitrator and other expenses associated with the development conduct of the procedure will arbitral tribunal shall be assumed borne by the Parties in equal proportionsshares, in accordance with the rules Rules of procedureProcedure.