Common use of Transparency of Arbitral Proceedings Clause in Contracts

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. 1. The written submissions 6 presented by Subject to paragraphs 2 and 4, the disputing parties to respondent shall, after receiving the tribunal and the procedural ordersfollowing documents, decisions, and award(s) of the tribunal shall be made make them available to the public after the tribunal renders its final award, except for protected information consisting ofat their cost: (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 recordsnotice of intent; (b) information that is protected from disclosure by lawthe notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 26.2 and 26.3 (Conduct of the Arbitration), Article 27.2 (The Non-Disputing Party) and Article 31 (Consolidation); (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 information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure including closing the hearing for the duration of which any discussion of such information. 3. Nothing in this Section shall require a Contracting respondent to: (a) disclose confidential information, or information which, if disclosed, would impede law enforcement; or (b) furnish or allow access to information that it may withhold in accordance with Article 18 (Exceptions). 4. If confidential information is submitted to the tribunal, it 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 determines or to the public any confidential information 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 confidential 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 contrary to its essential security interestsconfidential information, submit a redacted version of the document that does not contain the information. Only the redacted version shall be made public in accordance with paragraph 1; and (d) the tribunal shall decide any objection regarding the designation of information claimed to be confidential information. If the disclosure of which would impede law enforcement or otherwise be contrary to public interest. 2. Within 30 days after tribunal determines that such information was not properly designated, the final award is delivered, a disputing party that considers that any submitted the information may: (i) withdraw all or part of its submission made before containing such information; or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal or any procedural 6 Submissions include the memorialtribunal's determination and subparagraph (c). In either case, 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 shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under subparagraph (or partiesd)(i) with a view to reaching an agreement on redaction of such information prior to make it available to the public. 3. If by the disputing parties cannot agree on party that first submitted the proposed redactions within a further 30 days they shall submit information or redesignate the points on which they cannot agree to information consistent with the chairman designation under subparagraph (d)(ii) 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 that first submitted 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 awardinformation. 5. The notice A disputing party may disclose to other persons in connection with the arbitral proceedings such documents as it considers necessary for the preparation of intent and the notice of arbitration its case, but it shall require that any confidential information in such documents be available protected. 6. Nothing in this Section authorises a respondent to withhold from the public at any timeinformation required to be disclosed by its law.

Transparency of Arbitral Proceedings. 1. The written submissions 6 (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. 1. The written submissions 6 presented by Subject to paragraphs 3, 4 and 5, the disputing parties respondent shall, after receiving the following documents, promptly transmit them 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 ofnon-disputing Party: (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 recordsrequest for consultations; (b) information that is protected from disclosure by lawthe notice of arbitration; (c) information pleadings, memorials, and briefs submitted to the disclosure tribunal by a disputing party and any written submissions submitted pursuant to Article 9.21; (d) minutes or transcripts of which a Contracting Party determines to be contrary to its essential security interestshearings of the tribunal, where available; and (de) information orders, awards, and decisions of the disclosure of which would impede law enforcement or otherwise be contrary to public interesttribunal. 2. Within 30 days after Subject to paragraphs 3, 4 and 5, the final award is deliveredrespondent: (a) shall make the documents referred to in paragraph 1 (a), a disputing party that considers that any submission made before the tribunal or any procedural 6 Submissions include the memorial, counter-memorial, reply, rejoinder (b) 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 partiese) with a view to reaching an agreement on redaction of such information prior to make it available to the public; (b) may make the documents referred to in paragraph 1(c) and (d) available to the public; (c) may make any written submissions submitted pursuant to Article 9.16.2 available to the public provided that prior consent is obtained from the non-disputing Party. 3. If With the disputing parties cannot agree on agreement of the proposed redactions within a further 30 days they respondent, the tribunal shall submit the points on which they cannot agree conduct hearings open to the chairman of the tribunal who public and shall decide the matter forthwith and make an allocation of any additional costs of the arbitration arising from determine, in consultation with the disputing parties’ failure , the appropriate logistical arrangements. However, any disputing party that intends to agreeuse information designated as protected information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 4. If Nothing in this Section requires a disputing party does not notify the other disputing party respondent to disclose protected information or to furnish or allow access to information that it may withhold in accordance with Article 16.1 (Disclosure and Confidentiality of Information) or partiesArticle 16.3 (Security Exceptions) 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 awardChapter 16 (General Provisions and Exceptions). 5. The notice of intent and Any protected information that is submitted to the notice of arbitration tribunal shall be available protected from disclosure in accordance with the following procedures: (a) Neither the disputing parties nor the tribunal shall disclose to the non-disputing Party or to the public any protected information 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 any timethe time it is submitted to the tribunal; (c) A disputing party shall, within 7 days after it submits a document containing information claimed to be protected information, submit a redacted version of the document that does not contain the information. Only the redacted version may be provided to the non-disputing Party and made public in accordance with paragraphs 1 and 2.

Transparency of Arbitral Proceedings. 1. The written submissions 6 presented by Subject to paragraphs 4, 5 and 6, the disputing parties respondent shall deliver to the tribunal non-disputing Party and the procedural orders, decisions, and award(s) of the tribunal shall be made make available to the public after public, the tribunal renders its final award, except for protected information consisting offollowing documents: (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 recordsThe notice of intent; (b) The request for arbitration, and (c) Court orders, awards and decisions. 2. Subject to paragraphs 4, 5 and 6, the disputing parties may agree to deliver to the non-disputing Party and make available to the public the following documents: (a) The publication of pleadings, briefs and communications submitted to the tribunal by a disputing party and any written communication submitted pursuant to Article 8.31, and (b) Minutes or transcripts of court hearings, when available. 3. The disputing parties may also agree that hearings shall be open to the public. In such a case, if a disputing party intends to use information at a hearing that is classified as protected information or otherwise subject to paragraph 5, it shall so inform the tribunal. The tribunal shall make appropriate arrangements to protect such information from disclosure, which may include closing the hearing during the discussion of such information. 4. Nothing in this Section, including paragraph 5(d), requires a respondent to make available to the public or otherwise disclose during or after arbitration proceedings, including the hearing, protected information or providing or permitting access to information that it may withhold pursuant to Article 19.2 (Security Exceptions) or Article 19.5 (Disclosure of Information) (12). 5. Any protected information that is submitted to the court 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 information designated as protected when the disputing party providing the information clearly designates it in accordance with subparagraph (b); (b) Any disputing party claiming that certain information constitutes protected information shall clearly designate it in accordance with any procedures established by lawthe tribunal; (c) information A disputing party shall, in accordance with any procedures established by the disclosure tribunal, submit a redacted version of which a Contracting Party determines to the document that does not contain the protected information. Only the redacted version shall be contrary to its essential security interestsdisclosed in accordance with paragraph 1; and (d) Subject to paragraph 4, the tribunal shall decide any objection to the designation of information claimed to be protected information. If the disclosure of which would impede law enforcement or otherwise be contrary to public interest. 2. Within 30 days after tribunal determines that the final award is deliveredinformation was not properly designated, a the disputing party that considers that submitted the information may: (i) Withdraw all or part of your presentation containing such information, or (ii) Agree to resubmit complete and redacted documents with corrected designations in accordance with the court's determination and subparagraph (c). In any submission made before the tribunal or any procedural 6 Submissions include the memorialevent, 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 shall, where necessary, resubmit complete and redacted documents in which the information removed pursuant to subparagraph (or partiesd)(i) with a view to reaching an agreement on redaction of such information prior to make it available to the public. 3. If by the disputing parties cannot agree on party that first submitted the proposed redactions within a further 30 days they shall submit information has been removed, or redesignate 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 manner consistent with the designation made pursuant to subparagraph (d)(ii) of the delivery of the final award, that disputing party shall be deemed to have consented to make available to that first submitted the public such submission, procedural order, decision or awardinformation. 56. Nothing in this Section requires the respondent or the non-disputing Party to deny public access to information that, under its laws, must be disclosed. The notice of intent respondent and the notice of arbitration non-disputing Party shall be available endeavor to the public at any timeapply those laws in a manner that protects from disclosure information that has been designated as protected information.

Transparency of Arbitral Proceedings. 1. The written submissions 6 presented by Subject to paragraphs 2 and 4, the disputing parties respondent shall, after receiving the following documents, promptly transmit them to the tribunal non-disputing Party and the procedural orders, decisions, and award(s) of the tribunal shall be made make them available to the public after the tribunal renders its final award, except for protected information consisting ofpublic: (a) business information that is not the notice of intent referred to 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 recordsArticle 24(2); (b) information that is protected from disclosure by lawthe notice of arbitration referred to in Article 24(4); (c) information pleadings, memorials, and briefs submitted to the disclosure tribunal by a disputing party and any written submissions submitted pursuant to Article 28(2) [Non-Disputing Party submissions] and (3) [Amicus Submissions] and Article 33 [Consolidation]; (d) minutes or transcripts of which a Contracting Party determines to be contrary to its essential security interestshearings of the tribunal, where available; and (de) information orders, awards, and decisions of the disclosure of which would impede law enforcement or otherwise be contrary to public interesttribunal. 2. Within 30 days after The tribunal shall conduct hearings open to the final award is deliveredpublic and shall determine, a in consultation with the disputing parties, the appropriate logistical arrangements. However, any disputing party that considers that any submission made before intends to use information designated as protected information 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 protected information 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 to furnish or award of the tribunal contains protected allow access to information that it would like may withhold in accordance with Article 18 [Essential Security Article] or Article 19 [Disclosure of Information Article]. 4. Protected information shall, if such information is submitted to remain confidential the tribunal, be protected from disclosure in accordance with the following procedures: (a) Subject to paragraph 4(d), neither the disputing parties nor the tribunal shall consult disclose to the non-disputing Party or to the public any protected information where the disputing party that provided the information clearly designates it in accordance with paragraph 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 information. Only the redacted version shall be provided to the non-disputing Party and made public in accordance with paragraph 1. (d) The tribunal 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 (i) withdraw all or part of its submission containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal’s determination and paragraph 4(c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (or partiesi) with a view to reaching an agreement on redaction of such information prior to make it available to the public. 3. If by the disputing parties cannot agree on party that first submitted the proposed redactions within a further 30 days they shall submit information or redesignate the points on which they cannot agree to information consistent with the chairman designation under (ii) 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 that first submitted 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 awardinformation. 5. The notice of intent and the notice of arbitration shall be available Nothing in this Section requires a respondent to withhold from the public at any timeinformation required to be disclosed by its laws.

Transparency of Arbitral Proceedings. 1. The written submissions 6 presented by Subject to paragraphs 2 and 4, the disputing parties to respondent shall, after receiving the tribunal and the procedural ordersfollowing documents, decisions, and award(s) of the tribunal shall be made make them available to the public after the tribunal renders its final award, except for protected information consisting ofpublic: (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 recordsnotice of intent; (b) information that is protected from disclosure by lawthe notice of arbitration; (c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and any written submissions submitted pursuant to Article 10.20.2 and Article 10.25; (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 protected information 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 protected information or to furnish or allow access to information that it may withhold in accordance with Article 23.02 (National Security) or Article 23.05 (Disclosure of Information). 4. Any protected information that is submitted to the tribunal shall be protected from disclosure of which in accordance with the following procedures: (a) subject to subparagraph (d), neither the disputing parties nor the tribunal shall disclose to the public any protected information 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 Contracting Party determines disputing party shall, at the same time that it submits a document containing information claimed to be contrary to its essential security interestsprotected information, submit a redacted version of the document that does not contain the information. Only this version shall be public in accordance with paragraph 1; and (d) the tribunal shall decide any objection regarding the designation of information claimed to be protected information. If the disclosure of which would impede law enforcement or otherwise be contrary to public interest. 2. Within 30 days after tribunal determines that such information was not properly designated, the final award is delivered, a disputing party that considers that any submitted the information may (i) withdraw all or part of its submission made before containing such information, or (ii) agree to resubmit complete and redacted documents with corrected designations in accordance with the tribunal or any procedural 6 Submissions include the memorialtribunal’s determination and subparagraph (c). In either case, 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 shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under (or partiesi) with a view to reaching an agreement on redaction of such information prior to make it available to the public. 3. If by the disputing parties cannot agree on party that first submitted the proposed redactions within a further 30 days they shall submit information or redesignate the points on which they cannot agree to information consistent with the chairman designation under (ii) 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 that first submitted 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 awardinformation. 5. The notice of intent and the notice of arbitration shall be available Nothing in this Section requires a respondent to withhold from the public at any timeinformation required to be disclosed by its laws.

Transparency of Arbitral Proceedings. (1. The written submissions 6 presented ) 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: a) the disputing parties 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 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 and any written sub- missions submitted pursuant to this Annex or the arbitration. order, decision Rules of Arbitration; e) minutes or award transcripts of hearings of the tribunal, where available; and f) all orders, awards, and decisions of the tribunal. (2) The tribunal contains shall conduct all hearings open to the public and shall determine, in consultation with the disputing parties and the dispute settlement Secretariat the appropriate logistical arrangements. However, any disputing party that intends to use information designated as confidential business infor- mation 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 informa- tion that is privileged or otherwise protected from disclosure under a Party’s law or to furnish or allow access to information that it would like may withhold in accordance with this Agreement. (4) Confidential business information or information that is privileged or otherwise protected from disclo- sure under a Party’s law shall, if such information is submitted to remain the tribunal, be protected from dis- closure 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 Party’s 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 Party’s law shall consult 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 confidential business information or information that is privileged or otherwise pro- tected from disclosure under a Party’s law, submit a redacted version of the document that does not contain the information. Only the redacted version shall be provided to the non-disputing party and made public in accordance with Paragraph (1); and d) the tribunal shall decide any objection regarding the designation of information claimed to be con- fidential business information or information that is privileged or otherwise protected from disclo- sure under a Party’s law. If the tribunal determines that such information was not properly desig- nated, the disputing party that submitted the information may: i) withdraw all or part of its submission containing such information; or ii) agree to resubmit complete and redacted documents with corrected designations in accor- dance with the tribunal’s determination and Sub-paragraph (c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the information withdrawn under Sub-paragraph (d)(i) by the dis- puting party that first submitted the information or partiesredesignate the information consistent with the designation under Sub-paragraph (d)(ii) with a view to reaching an agreement on redaction of such information prior to make it available to the publicdisputing party that first submitted the infor- mation. 3. If the disputing parties cannot agree on the proposed redactions within (5) Nothing in this Agreement authorizes a further 30 days they shall submit the points on which they cannot agree respondent to the chairman of the tribunal who shall decide the matter forthwith and make an allocation of any additional costs of the arbitration arising withhold from the disputing parties’ failure public information required to agreebe disclosed by its laws. 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. 1. The written submissions 6 presented by Subject to paragraphs 2 and 4, the disputing parties respondent shall promptly deliver to the tribunal non-disputing Parties the following documents and the procedural orders, decisions, and award(s) of the tribunal shall be made make them available to the public after the tribunal renders its final award, except for protected information consisting ofpublic: (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 recordsnotification of intent; (b) information that is protected from disclosure by lawthe request for arbitration; (c) information the disclosure of which pleadings, pleadings and explanatory notes submitted to the Tribunal by a Contracting Party determines to be contrary to its essential security interests; anddisputing party and any written communication submitted in accordance with Articles 12.23 and 12.28; (d) information the disclosure minutes or transcripts of which would impede law enforcement or otherwise be contrary to public interestthe Court hearings, when available; Y (e) orders, awards and decisions of the Court. 2. Within 30 days after Unless there is a well-founded objection from any of the final award disputing parties that is deliveredduly approved by the Court and subject to its decision, the Court shall hold hearings open to the public and determine, in consultation with the disputing parties, the pertinent logistical arrangements. However, any disputing party that intends to use information classified as protected information in a hearing shall so inform the Court. The Court will make the appropriate arrangements to protect the information from its disclosure. 3. Nothing in this Section requires the respondent to make protected information available or to provide or allow access to information that it may retain in accordance with Article 19.2 (National Security) or Article 19.4 (Disclosure of Information). ). 4. Any protected information that is submitted to the Court must 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 any non-disputing Party or the public any protected information when the disputing party providing the information clearly designates it in that manner in accordance with the literal ( b); (b) any disputing party claiming that certain information constitutes protected information, shall designate it clearly at the time it is presented to the Court; (c) a disputing party shall, at the same time that considers it presents a document containing alleged information as protected information, submit a redacted version of the document that does not contain the protected information. Only the drafted version will be provided to non-disputing Parties and will be public according to paragraph 1; Y (d) The Court will decide on any submission made before objection in relation to the tribunal or any procedural 6 Submissions include designation of alleged information as protected information. If the memorialCourt determines that such information was not appropriately designated, counter-memorial, reply, rejoinder and any other submission made by a the disputing party during that submitted the arbitration. order, decision information may: (i) withdraw all or award part of the tribunal presentation that contains protected information that it would like such information, or (ii) agree to remain confidential shall consult re-submit full and redacted documents with corrected designations in accordance with the Court's determination and with literal (c). In any case, the other disputing party must, when necessary, re-submit full and drafted documents, which omit the information withdrawn in accordance with subparagraph (or partiesi) with a view to reaching an agreement on redaction of such information prior to make it available to the public. 3. If by the disputing parties cannot agree on party that first submitted the proposed redactions within a further 30 days they shall submit information or re- designate the points on which they cannot agree to information form compatible with the chairman designation made in accordance with subparagraph (ii) 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 that submitted 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 awardfirst. 5. The notice of intent and Nothing in this Section requires the notice of arbitration shall be available defendant to deny access to the public at any timeto information that, according to its legislation, must be disclosed.