Common use of Transparency of Arbitral Proceedings Clause in Contracts

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 submitted the information may: (i) Withdraw all or part of its submission containing that information; or (ii) Agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulations.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 pursuant to Article 28(2) [Non-Disputing Party submissions] and 34(3) [Amicus Submissions] and Article 33 [Consolidation]; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; and (e) Ordersorders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 3. Nothing in this Section shall require requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191618 [Essential Security Article] or Article 19 [Disclosure of Information Article]. 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 where 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 provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall, subject to paragraph 3, shall 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 submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's ’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 pursuant to Article 28(2) and 34(3) and Article 33; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; and (e) Ordersorders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 3. Nothing in this Section shall require requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191618 or Article 19. 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 where 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 provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall, subject to paragraph 3, shall 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 submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's ’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.

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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, 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 minutes or transcripts of hearings of the tribunal, if available; and (e) Ordersorders, 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 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 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 a disputing party shall, at the time it submits a document containing 16 For greater certainty, if a respondent chooses to disclose to the tribunal information that may be withheld in accordance with Article 19, the respondent may still withhold that information from disclosure to the public. 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 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 submitted the information may: (i) Withdraw withdraw all or part of its submission containing that information; or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's ’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulations.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 pursuant to Article 10.19.2 and 3410.19.3 and Article 10.24; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; and (e) Ordersorders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 3. Nothing in this Section shall require requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191621.2 (Essential Security) or Article 21.4 (Disclosure of Information). 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 where 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 provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall, subject to paragraph 3, shall 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 submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's ’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with pursuant to Articles 29.2, 29.3 28.2 and 3428.3 (Conduct of the Arbitration) and Article 32 (Consolidation); (d) Minutes minutes or transcripts of hearings of the tribunal, if available; and and (e) Ordersorders, 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 in a hearing that is 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 that information. 3. Nothing in this Section shall require Section, including paragraph 4(d), requires 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 19162 (Security Exceptions) of Chapter 17 (Final Provisions) or Article 21 (Disclosure of Confidential Information)(20). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject 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 any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted according to any schedule set by the tribunal; (c) A a disputing party shall, at according to any schedule set by the time it submits a document containing information claimed to be protected informationtribunal, 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 shallthe tribunal, subject to paragraph 3, shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such the information was not properly designated, the disputing party that submitted the information may: (i) Withdraw withdraw all or part of its submission containing that information; or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should endeavour to apply those laws and regulationsin a manner sensitive to protecting from disclosure information that has been designated as protected information.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 2 and paragraph 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them documents available to litigants the party and the public:. (a) The notice of intentintent referred to in article 10.17 (2); (b) The notice of arbitrationarbitration referred to in article 10.17 (4); (c) PleadingsWritten pleadings, memorials demand and briefs submitted explanatory notes to the tribunal Tribunal submitted by a disputing party Party combatant and any written submissions communication submitted in accordance with Articles 29.2, 29.3 article and 34article 10.21 10.26; (d) Minutes Awards and orders or decisions of the Tribunal, and (e) The minutes or transcripts of hearings of the tribunalTribunal, if when available; and (e) Orders, awards and decisions of the tribunal. 2. The tribunal Tribunal shall conduct hearings open to the public and shall determineshall, in consultation with the disputing parties, parties - the appropriate logistical arrangements. If a disputing party however, any Party that intends to use in a litigant information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise inform the tribunalTribunal. The the tribunal shall make appropriate arrangements to protect such the information from disclosure which may include disclosure, including closing the hearing for the duration of the any discussion of such confidential information. 3. Nothing in this Section shall require section requires a respondent to make available to the public provide or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, or to furnish or protected information to allow access to information that it may withhold in accordance with Article 1916articles 19.3 (National Security (19.4) and disclosure of information). 4. Any protected information that is submitted to the tribunal Tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject to In accordance with subparagraph (d), neither the disputing warring parties nor the tribunal Tribunal shall disclose to the non-disputing Party Challenger no party or to the public any information protected information if where the disputing party opposing side that provided the information clearly designates it in accordance with subparagraph (b); (b) Any disputing litigant party claiming that certain information constitutes shall designate the protected information shall clearly designate the information at the time it is to be submitted to the tribunalTribunal; (c) A disputing party combatant Party shall, at the same time that it submits a document containing information claimed to be as protected information, submit a redacted version of the document that does not contain Containing the protected information. Only only the redacted version shall be disclosed provided to the parties involved and shall be made public in accordance with paragraph 1; and (d) The tribunal shall, subject to paragraph 3, Tribunal shall decide any objection regarding the designation of information Information claimed to be as protected information. If if the tribunal Tribunal determines that such information was not properly designated, designated the disputing party opposing side that submitted the information may: (i) Withdraw all or part of its submission containing that such information; or (ii) Agree to resubmit with complete and redacted documents with corrected designations in accordance with the tribunal's Tribunal determination and subparagraph (c). In either any case, the other disputing party combatant shall, whenever where necessary, resubmit to complete and redacted documents which either remove the omitted information withdrawn under subparagraph in accordance with the sub-subpárrafo (d)(id) (i) by the disputing party Party that first submitted the first information litigants, or redesignate the designation of new information consistent with the designation under subparagraph the sub-subpárrafo (d)(iid) (ii) of the disputing party Party that first submitted the informationfirst information litigants. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section section requires a respondent to withhold from the deny public information required access to information, in accordance with their national legislation, should be disclosed by its laws and regulationsdisclosed.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 2 and paragraph 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party Parties and make them available to the public: (a) The the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 pursuant to Article 10.20.2 and 3410.20.3 and Article 10.25; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; and (e) Ordersorders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 3. Nothing in this Section shall require requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191622.2 (Essential Security) or Article 22.4 (Disclosure of Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the any non-disputing Party or to the public any protected information if where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any 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 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 provided to the non-disputing Parties and made public in accordance with paragraph 1; and (d) The the tribunal shall, subject to paragraph 3, shall 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 submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's ’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2pursuant to Article 8.24.2, 29.3 Article 8.24.3 and 34Article 8.29; (d) Minutes minutes or transcripts of hearings of the tribunal, if available; and (e) Ordersorders, 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 in a hearing that is 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 that information. 3. Nothing in this Section shall require Section, including paragraph 4(d), requires 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 191628.2 (Security Exceptions) or Article 28.5 (Disclosure of Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject 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 any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted according to any schedule set by the tribunal; (c) A a disputing party shall, at according to any schedule set by the time it submits a document containing information claimed to be protected informationtribunal, 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 shallthe tribunal, subject to paragraph 3, shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such the information was not properly designated, the disputing party that submitted the information may: (i) Withdraw withdraw all or part of its submission containing that information; or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (c). In ; and (iii) in either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws or regulations. The respondent should endeavour to apply those laws and regulationsregulations in a manner sensitive to protecting from disclosure information that has been designated as protected information.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 2 and paragraph through 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Party and make them available to the publicpublicly available: (a) The the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with pursuant to Articles 29.2, 29.3 10.25.3 and 3410.26.1; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; and (e) Ordersorders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the any discussion of such protected information. 3. Nothing in this Section shall require Section, including paragraph 4(d), requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191620.2 (Security Exceptions) or 20.7 (Disclosure of Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with the following procedures: (a) Subject subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the any non-disputing Party or to the public any protected information if where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted according to any schedule set by the tribunal; (c) A a disputing party shall, at according to any schedule set by the time it submits a document containing information claimed to be protected informationtribunal, 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 shallthe tribunal, subject to paragraph 3, shall decide any objection by a disputing party 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 submitted the information may: (i) Withdraw withdraw all or part of its submission containing that such information; or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (c). ) In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under sub-subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under sub- subparagraph (d)(iiii) of the disputing party that first submitted the information; and (e) On the request of a respondent, the Joint Commission shall consider issuing a decision in writing regarding a determination by the tribunal that information claimed to be protected was not properly designated. If the Joint Commission issues a decision within 60 days of such a request, it shall be binding on the tribunal, and any decision or award issued by the tribunal must be consistent with that decision. If the Joint Commission does not issue a decision within 60 days, and provided that the non-disputing Party submits a written statement to the Joint Commission within that period that it agrees with the tribunal's determination, the tribunal's determination shall remain in effect. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 pursuant to Article 28(2) [Non-Disputing Party submissions] and 34(3) [Amicus Submissions] and Article 33 [Consolidation]; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; and (e) Ordersorders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 3. Nothing in this Section shall require requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191618 [EssentialSecurity Article] or Article 19 [Disclosure of Information Article]. 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 where 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 provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall, subject to paragraph 3, shall 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 submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's tribunalâs determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 pursuant to Article 10.19.2 and 3410.19.3 and Article 10.24; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; and (e) Ordersorders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 3. Nothing in this Section shall require requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191621.2 (Essential Security) or Article 21.4 (Disclosure of Information). 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 where 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 provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall, subject to paragraph 3, shall 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 submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.

Transparency of Arbitral Proceedings. 1. Subject to paragraph 2 and paragraph 4, the respondent shallA disputing Contracting Party shali, after receiving the following documents, to the extent permitted by the domestic law of a Contracting Party, promptly transmit them to the non-disputing Contracting Party and make them available to the public: (a) The the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials 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 34party; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; , and (e) Orders, awards awards, and decisions of the tribunal. 2. The To the extent permitted by the domestic law, the tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing parties, the appropriate logistical arrangements. If a However, any disputing party Contracting Party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 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 shali be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (d), neither the disputing parties Contracting Parties nor the tribunal shall disclose disdose to the any non-disputing Contracting Party or to the public any protected information if where the disputing party that provided the information clearly designates it in accordance with subparagraph (b); (b) Any To the extent permitted by the domestic law any disputing party Contracting 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 Contracting Party shall, at the same time that 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 provided to the non-disputing Contracting Parties and made public in accordance with paragraph 1; , and (d) The tribunal shall, subject to paragraph 3, shall decide any objection regarding the designation of information claimed to be protected information. If , if the tribunal determines that such information was not properly property designated, the disputing party Contracting Party that submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (c). In either case, the other disputing party Contracting Party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party Contracting Party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 64. Nothing in this Section requires a respondent disputing Contracting Party to withhold from the public information required to be disclosed to the extent permitted by its laws and regulationsthe domestic law.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 2 and paragraph 4, the respondent shall, after receiving the following documents, promptly transmit deliver them without delay to the nonNon-disputing Party Disputing Parties and make them available publicly available: The Notice of Intent referred to the public: (a) in Article 10.16.2; The notice Notice of intent; (b) Arbitration referred to in Article 10.16.4; The notice allegations, statements of arbitration; (c) Pleadings, memorials claim and briefs submitted presented to the tribunal by a disputing party Disputing Party and any written submissions submitted in accordance with Articles 29.2, 29.3 submission made pursuant to Article 10.20.2 and 34; (d) Minutes 10.20.3 and Article 10.25; The minutes or transcripts of hearings transcriptions of the tribunaltribunal hearings, if where available; and (e) Ordersand The tribunal orders, awards and decisions of the tribunal. 2decisions. The tribunal shall conduct hearings open to the public and shall determine, in consultation with the disputing partiesDisputing Parties, the appropriate logistical arrangements. If a disputing party However, any Disputing Party that intends to use information designated classified as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make the appropriate arrangements to protect such information from disclosure which may include disclosure, including closing the hearing for the duration of the during any discussion of such confidential information. 3. Nothing in this Section shall require a requires the respondent to make protected information available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, or to furnish provide or allow access to information that it may withhold in accordance with pursuant to Article 1916. 418.3 (Essential Security) or Article 18.5 (Information Disclosure). Any protected information that is submitted to the tribunal shall be protected from disclosure in accordance with pursuant to the following procedures: (a) Subject to : In accordance with subparagraph (d), neither the disputing parties Disputing Parties nor the tribunal shall disclose to the nonNon-disputing Disputing Party or to the public any protected information if information, where the disputing party that provided Disputing Party providing the information clearly designates it in accordance with as such pursuant to subparagraph (b); (b) ; Any disputing party Disputing Party claiming that certain information constitutes protected information information, shall clearly designate the information at the time it as such when it is submitted to the tribunal; (c) ; A disputing party Disputing Party shall, at the time it submits when submitting a document containing that contains information claimed to be protected information, at the same time submit a redacted an edited version of the document that does not contain the protected that information. Only the redacted edited version shall be disclosed in accordance with provided to the non-Disputing Parties and made public pursuant to paragraph 1; and (d) , and The tribunal shall, subject to paragraph 3, decide shall make a decision on any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such said information was not properly appropriately designated, the disputing party Disputing Party that submitted the information may: (i) : Withdraw all or part of its the submission containing that contains such information; or (ii) , or Agree to resubmit complete and redacted re-submit the full documents edited with corrected designations in accordance with pursuant to the tribunal's ’s determination and subparagraph (c). In either case, the other disputing party shallDisputing Party must, whenever necessaryas appropriate, resubmit complete full and redacted documents edited documents, which either remove the information withdrawn under subparagraph (d)(i) by the disputing party Disputing Party that first submitted the information pursuant to subparagraph (d)(i) or redesignate the information consistent consistently with the designation under made pursuant to subparagraph (d)(ii) of by the disputing party Disputing Party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a the respondent to withhold from the public information required to be disclosed by its laws and regulationslaw.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 2 and paragraph 4, the respondent shall, after receiving the following documents, promptly transmit them to the non-disputing Annex Party and make them available to the public: (a) The notice of intent; (b) The notice of arbitration; (c) Pleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2pursuant to Article 14.D.7.2 and 14.D.7.3 (Conduct of the Arbitration), 29.3 , and 34Article 14.D.12 (Consolidation); (d) Minutes or transcripts of hearings of the tribunal, if available; and (e) Orders, awards 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 in a hearing that is 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 that information. 3. Nothing in this Section shall require Annex, including paragraph 4(d), requires 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 191632.2 (Essential Security) or Article 32.5 (Disclosure of Information). 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 Annex 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 according to any schedule set by the tribunal; (c) A disputing party shall, at according to any schedule set by the time it submits a document containing information claimed to be protected informationtribunal, 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 shalltribunal, subject to paragraph 3, shall decide any objection regarding the designation of information claimed to be protected information. If the tribunal determines that such the information was not properly designated, the disputing party that submitted the information may: (i) Withdraw all or part of its submission containing that information; , or (ii) Agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section Annex requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should endeavor to apply those laws and regulationsin a manner sensitive to protecting from disclosure information that has been designated as protected information.

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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, 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 minutes or transcripts of hearings of the tribunal, if available; and (e) Ordersorders, 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 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 any disputing party claiming that certain information constitutes protected information shall clearly designate the information at the time it is submitted 16 For greater certainty, if a respondent chooses to disclose to the tribunal information that may be withheld in accordance with Article 19, the respondent may still withhold that information from disclosure to the public. to the tribunal; (c) A 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 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 submitted the information may: (i) Withdraw withdraw all or part of its submission containing that information; or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's ’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(i) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(ii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulations.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 pursuant to Article 28(2) and 34(3) and Article 33; (d) Minutes or transcripts of hearings of the tribunal, if where available; and (e) Orders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 3. Nothing in this Section shall require requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191618 or Article 19. 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 where 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 provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall, subject to paragraph 3, shall 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 submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 the notice of intentintent referred to in Article 15.15.4; (b) The the notice of arbitrationarbitration referred to in Article 15.15.6; (c) Pleadingspleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 pursuant to Article 15.19.2 and 3415.19.3 and Article 15.24; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; and and (e) Ordersorders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 3. Nothing in this Section shall require requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191621.2 (Essential Security) or Article 21.4 (Disclosure of Information). 4. Any protected Protected information that shall, if such information is submitted to the tribunal shall tribunal, be protected from disclosure in accordance with the following procedures: (a) Subject to subparagraph (dparagraph 4(d), neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information if where the disputing party that provided the information clearly designates it in accordance with subparagraph (bparagraph 4(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 same time that 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 provided to the non-disputing Party and made public in accordance with paragraph 1; and. (d) The tribunal shall, subject to paragraph 3, shall 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 submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's determination and subparagraph (cparagraph 4(c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires authorizes a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.

Transparency of Arbitral Proceedings. 1. Subject to paragraph paragraphs 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 the notice of intent; (b) The the notice of arbitration; (c) Pleadingspleadings, memorials memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted in accordance with Articles 29.2, 29.3 pursuant to Article 10.20.2 and 3410.20.3 and Article 10.25; (d) Minutes minutes or transcripts of hearings of the tribunal, if where available; and (e) Ordersorders, awards 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 However, any disputing party that intends to use information designated as protected information or otherwise subject to paragraph 3 in a hearing, it hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect such the information from disclosure which may include closing the hearing for the duration of the discussion of such informationdisclosure. 3. Nothing in this Section shall require requires a respondent to make available to the public or otherwise disclose during or after the arbitral proceedings, including the hearing, protected information, information or to furnish or allow access to information that it may withhold in accordance with Article 191621.2 (Essential Security) or Article 21.5 (Disclosure of Information). 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 where 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 same time that 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 provided to the non-disputing Party and made public in accordance with paragraph 1; and (d) The tribunal shall, subject to paragraph 3, shall 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 submitted the information may: may (i) Withdraw withdraw all or part of its submission containing that such information; or , or (ii) Agree agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal's ’s determination and subparagraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (d)(ii) by the disputing party that first submitted the information or redesignate the information consistent with the designation under subparagraph (d)(iiii) of the disputing party that first submitted the information. 5. A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of its case, but it shall require that any protected information in such documents be protected. 6. Nothing in this Section requires a respondent to withhold from the public information required to be disclosed by its laws and regulationslaws.