Transparency of Arbitral Proceedings Sample Clauses

Transparency of Arbitral Proceedings. 1. Subject to paragraphs 2 and 3, the disputing Member State may make publicly available all awards, and decisions produced by the tribunal. 2. Any of the disputing parties that intend to use information designated as confidential information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Any information specifically designated as confidential that is submitted to the tribunal or the disputing parties shall be protected from disclosure to the public. 4. A disputing party may disclose to persons directly connected with the arbitral proceedings such confidential information as it considers necessary for the preparation of its case, but it shall require that such confidential information is protected. 5. The tribunal shall not require a Member State to furnish or allow access to information the disclosure of which would impede law enforcement or would be contrary to the Member States law protecting Cabinet confidences, personal privacy or the financial affairs and accounts of individual customers of financial institutions, or which it determines to be contrary to its essential security. 6. The non-disputing Member State shall be entitled, at its cost, to receive from the disputing Member State a copy of the notice of arbitration, no later than 30 days after the date that such document has been delivered to the disputing Member State. The disputing Member State shall notify all other Member States of the receipt of the notice of arbitration within 30 days thereof.

Transparency of Arbitral Proceedings. 1. Subject to paragraph 2 and paragraph 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; (b) The notice of arbitration; (c) Pleadings, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 and 34; (d) Minutes or transcripts of hearings of the tribunal, if 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. If a disputing party intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such information from disclosure which may include closing the hearing for the duration of the discussion of such information. 3. Nothing in this Section shall require a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, or to furnish or allow access to information that it may withhold in accordance with Article 1916. 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information if 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, at the time it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the protected information. Only the redacted version shall be disclosed in accordance with paragraph 1; and (d) The tribunal shall, subject to paragraph 3, 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 s...

Transparency of Arbitral Proceedings. (1) Subject to Paragraphs (2) and (4), the claimant and respondent shall, after sending the following documents to the other disputing party, promptly transmit them to the Secretariat which shall make them available to the public including by Internet: (a) the notice of intention; (b) any settlement agreement resulting from alternative dispute resolution processes; (c) the notice of arbitration; (d) pleadings, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to this Annex or the Rules of Arbitration; (e) minutes or transcripts of hearings of the tribunal, where available; and (f) all orders, awards, and decisions of the tribunal. (2) The tribunal shall conduct all hearings open to the public and shall determine, in consultation with the disputing parties and the Secretariat 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 partys 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 Member States law or to furnish or allow access to information that it may withhold in accordance with this Agreement. (4) Confidential business information or information that is privileged or otherwise protected from disclosure under a Member States law shall, if such information is submitted to the tribunal, be protected from disclosure in accordance with the following procedures: (a) subject to Sub-paragraph (d), neither the disputing parties nor the tribunal shall disclose to the non-disputing party or to the public any confidential business information or information that is privileged or otherwise protected from disclosure under a Member States law where the disputing party that provided the information clearly designates it in accordance with Sub-paragraph (b); (b) any disputing party claiming that certain information constitutes confidential business information or information that is privileged or Otherwise protected from disclosure under a Member States law shall clearly designate the information at the time it is submitted to the tribunal; (c) a disputing party shal...

Transparency of Arbitral Proceedings. 1. The written submissions 6 presented by the disputing parties to the tribunal 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 public 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) information that is protected from disclosure by law; (c) information 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, 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 during the arbitration. order, decision or award of the tribunal contains protected information that it would like to remain confidential shall consult the other disputing party (or parties) with a view to reaching an agreement on redaction of such information prior to make it available to the public. 3. If the 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 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 (or parties) 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 available to the public such submission, procedural order, decision or award. 5. The notice of intent and the notice of arbitration shall be available to the public at any time.

Transparency of Arbitral Proceedings. Subject to Paragraphs (2) and (4), the claimant and respondent shall, after sending the following doc- uments to the other disputing party, promptly transmit them to the Secretariat of the Dispute Settlement Body which shall make them available to the public, including by Internet:

Transparency of Arbitral Proceedings. 1. Subject to paragraph 2, the disputing Party may make publicly available the tribunal awards and decisions as well as its written submissions to the Tribunal. 2. Any information that is submitted to the Tribunal and that is designated as confidential information by either disputing party shall be protected from disclosure.

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. Subject to Paragraphs 2 and 3, the disputing Party may make publicly available all awards and decisions produced by the tribunal. Any of the disputing parties that intend to use information designated as confidential information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. Any information specifically designated as confidential that is submitted to the tribunal or the disputing parties shall be protected from disclosure to the public. A disputing party may disclose to persons directly connected with the arbitral proceedings such confidential information as it considers necessary for the preparation of its case, but it shall require that such confidential information is protected. The tribunal shall not require a Party to furnish or allow access to information the disclosure of which would impede law enforcement or would be contrary to the Party’s law protecting Cabinet confidences, personal privacy or the financial affairs and accounts of individual customers of financial institutions, or which it determines to be contrary to its essential security. The non-disputing Party shall be entitled, at its cost, to receive from the disputing Party a copy of the notice of arbitration, no later than 30 days after the date that such document has been delivered to the disputing Party. The disputing Party shall notify all other Parties of the receipt of the notice of arbitration within 30 days thereof.

Transparency of Arbitral Proceedings. 1. Subject to Paragraph 2, the disputing Party shall make publicly available all awards and decisions produced by the arbitral tribunal. 2. Any information specifically designated as confidential that is submitted to the arbitral tribunal or the disputing parties shall be protected from disclosure to the public. 3. Any of the disputing parties that intend to use information designated as confidential information in a hearing shall so advise the arbitral tribunal. The arbitral tribunal shall make appropriate arrangements to protect the information from disclosure. 4. The hearings of the arbitral tribunal shall be closed for the duration of any discussion of confidential information. Otherwise, the hearing shall be open to the public, unless the disputing parties decide otherwise. 5. The arbitral tribunal shall not require a disputing party to provide confidential business information or confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to the security interest of the disputing Party, or which would prejudice the legitimate commercial interests of particular legal entities, public or private.