Common use of Transparency of Proceedings Clause in Contracts

Transparency of Proceedings. 1. The UNCITRAL Transparency Rules, as modified by this Chapter, shall apply in connection with proceedings under this Section. 2. The request for consultations, the notice requesting a determination of the respondent, the notice of determination of the respondent, the agreement to mediate, the notice of intent to challenge a Member of the Tribunal, the decision on challenge to a Member of the Tribunal and the request for consolidation shall be included in the list of documents to be made available to the public under Article 3(1) of the UNCITRAL Transparency Rules. 3. Exhibits shall be included in the list of documents to be made available to the public under Article 3(2) of the UNCITRAL Transparency Rules. 4. Notwithstanding Article 2 of the UNCITRAL Transparency Rules, prior to the constitution of the Tribunal, Canada or the European Union as the case may be shall make publicly available in a timely manner relevant documents pursuant to paragraph 2, subject to the redaction of confidential or protected information. Such documents may be made publicly available by communication to the repository. 5. Hearings shall be open to the public. The Tribunal shall determine, in consultation with the disputing parties, the appropriate logistical arrangements to facilitate public access to such hearings. If the Tribunal determines that there is a need to protect confidential or protected information, it shall make the appropriate arrangements to hold in private that part of the hearing requiring such protection. 6. Nothing in this Chapter requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should apply those laws in a manner sensitive to protecting from disclosure information that has been designated as confidential or protected information.

Transparency of Proceedings. 1. The UNCITRAL UNCITRaL Transparency Rules, as modified by this Chapter, shall apply in connection with proceedings under this Section. 2. The request for consultations, the notice requesting a determination of the respondent, the notice of determination of the respondent, the agreement to mediate, the notice of intent to challenge a Member of the Tribunal, the decision on challenge to a Member of the Tribunal and the request for consolidation shall be included in the list of documents to be made available to the public under Article article 3(1) of the UNCITRAL UNCITRaL Transparency Rules. 3. Exhibits shall be included in the list of documents to be made available to the public under Article article 3(2) of the UNCITRAL UNCITRaL Transparency Rules. 4. Notwithstanding Article article 2 of the UNCITRAL UNCITRaL Transparency Rules, prior to the constitution of the Tribunal, Canada or the European Union as the case may be shall make publicly available in a timely manner relevant documents pursuant to paragraph 2, subject to the redaction of confidential or protected information. Such documents may be made publicly available by communication to the repository. 5. Hearings shall be open to the public. The Tribunal shall determine, in consultation with the disputing parties, the appropriate logistical arrangements to facilitate public access to such hearings. If the Tribunal determines that there is a need to protect confidential or protected information, it shall make the appropriate arrangements to hold in private that part of the hearing requiring such protection. 6. Nothing in this Chapter requires a respondent to withhold from the public information required to be disclosed by its laws. The respondent should apply those laws in a manner sensitive to protecting from disclosure information that has been designated as confidential or protected information.

Transparency of Proceedings. 1. The UNCITRAL Transparency Rules, as modified by this ChapterAgreement, shall apply in connection with proceedings under this Section. 2. The request for consultations, the notice requesting a determination of the respondent, the notice of determination of the respondent, the agreement to mediate, the notice of intent to challenge a Member member of the Tribunal, the decision on challenge to a Member member of the Tribunal Tribunal, and the request for consolidation shall be included in the list of documents to be made available to the public under Article 3(1) of the UNCITRAL Transparency Rules. 3. Exhibits shall be included in the list of documents to be made available to the public under Article 3(2) of the UNCITRAL Transparency Rules. 4. Notwithstanding Article 2 of the UNCITRAL Transparency Rules, prior Prior to the constitution of the Tribunal, Canada or the European Union as the case may be Respondent shall make publicly available in a timely manner relevant documents pursuant to paragraph 22 of this Article, subject to the redaction of confidential or protected information. Such documents That documentation may be made publicly available by communication to the repositoryrepository referred to in paragraph 9 of this Article. 5. A Disputing Party may disclose to other persons in connection with the proceedings, including witnesses and experts, unredacted documents that it considers necessary to disclose in the course of proceedings under this Section. However, the Disputing Party shall ensure that those persons protect the confidential information in those documents as directed by the Tribunal. 6. The Respondent may disclose to domestic authorities, if applicable, unredacted documents that it considers necessary to disclose in the course of proceedings under this Section. However, the Respondent shall ensure that those persons protect the confidential information in those documents as directed by the Tribunal. 7. Hearings shall be open to the public. The Tribunal shall determine, in consultation with the disputing partiesDisputing Parties, the appropriate logistical arrangements to facilitate public access to such the hearings. If the Tribunal determines that there is a need to protect confidential or protected information, it shall make the appropriate arrangements to hold in private that part of the hearing requiring such that protection. 68. Nothing in this Chapter Agreement requires a respondent the Respondent to withhold from the public information required to be disclosed by its lawsthe Respondent’s law. To the extent that a Tribunal’s confidentiality order designates information as confidential and the Respondent’s law on access to information requires public access to that information, the Respondent’s law on access to information shall prevail. The respondent Respondent should apply those laws its law in a manner sensitive to protecting from disclosure information that has been designated as confidential or protected information. 9. The administering authority to which a claim is submitted under this Section shall be the repository of information published pursuant to this Article.