Common use of Model Rules of Procedure Clause in Contracts

Model Rules of Procedure. 1. Unless the Parties otherwise agree, the panel shall conduct its proceedings in accordance with the model rules of procedure set out in Annex 23A, which shall ensure: (a) a right to at least one hearing before the panel; (b) an opportunity for each Party to provide initial and rebuttal written submissions; and (c) that hearings before the panel, deliberations, as well as all submissions and communications exchanged during the hearings, are confidential. 2. The Joint Commission may amend or modify, when it considers necessary, the model rules of procedure set out in Annex 23A. 3. Unless otherwise agreed by the Parties within 10 days of the establishment of the panel, the terms of reference shall be: "To examine, in light of the relevant provisions of this Agreement, the matter referred to in the panel request and issue the report." 4. Panelists fees and other expenses related to the procedure shall be borne by the Parties to the dispute in equal shares. 5. The location of hearings shall alternate between the territories of the Parties. The first hearing will take place in the territory of the Party complained against. 6. Written submissions, oral arguments or presentations at the hearing, panel report, as well as all other written or oral communications between the Parties and the panel, related to panel proceedings, shall be conducted in English.