Panel Proceedings Sample Clauses

Panel Proceedings. The panel shall make its findings, rulings and recommendations and if requested, suggestions on ways to implement the findings by consensus, provided that where a panel is unable to reach consensus it may make its findings and rulings by majority vote. Panellists may furnish dissenting or separate opinions on matters not unanimously agreed. Opinions expressed by individual members of the panel in its report shall be anonymous.

Panel Proceedings. 1. Except as otherwise specifically provided in this Part, the panel shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules. 2. Following a panel request under Article 26(2), any non-disputant Party may, on delivery of written notice to the disputants, with a copy to the administrator, participate in the proceeding as an intervener and attend all hearings, make written and oral submissions to the panel and receive the written submissions of the disputants. Subject to Article 26(9), any such notice must be delivered within 15 days of the date of delivery of the panel request under Article 26(2), failing which the non-disputant Party shall not participate further in the proceeding. 3. Within 7 days of the panel being established, the complainant, if a person, will provide to the administrator and the other disputant a copy of the notice, if any, issued under Article 25(4). 4. Subject to the requirements of this Part, the panel shall determine the manner in which it intends to proceed and, through the administrator, shall so notify the participants. 5. Without prejudice to a panel’s authority to address other objections as preliminary questions, a panel shall address and decide as a preliminary question any objection by the responding Party that the matter under dispute is not one for which an award in favour of the complainant may be made under this Agreement. 6. Subject to Article 7(4) and any concerns relating to confidential information, panel hearings shall be open to the public, and the panel shall determine, in consultation with the participants, the appropriate logistical arrangements therefor. 7. The hearing of the matter shall take place within 45 days of the establishment of the panel under Article 26 and shall take place at a location within the territory of the responding Party, as determined by the panel. 8. On agreement of the disputants, the panel process may be terminated at any time prior to the issuance of the panel’s final report. 9. The panel shall, within 45 days of hearing the dispute, issue a report to the participants that contains: (a) findings of fact; (b) rulings on any applicable interpretations and whether the measure at issue is or would be inconsistent with this Agreement; (c) any findings as to the possible economic effect of the measure; (d) recommendations, if any, to resolve the dispute; and (e) specification of a reasonable period of time for implementation of the panel’s recommendations, which sha...

Panel Proceedings. The panel shall make its findings and determinations by consensus, provided that where the panel is unable to reach consensus, it may make its findings and determinations by majority vote. A panellist may furnish dissenting or separate opinions on matters not unanimously agreed. Opinions expressed by an individual panellist in the report shall be anonymous. Panel deliberations shall be confidential. The Parties to the dispute and Third Parties shall be present only when invited by the panel to appear before it. There shall be no ex parte communications with the panel concerning matters under consideration by it. Submissions Each Party to the dispute shall have the opportunity to set out in writing the facts of its case, its arguments and counter arguments. Further to paragraphs 4 and 5, the timetable fixed by the panel shall include precise deadlines for submissions by the Parties to the dispute and Third Parties. Hearings Further to paragraphs 4 and 5, the timetable fixed by the panel shall provide for at least one hearing for the Parties to the dispute to present their case to the panel. As a general rule, the timetable shall not provide more than two hearings unless special circumstances exist.

Panel Proceedings. 1. Any hearing of the panel shall be open to the public unless the Parties agree otherwise or the submissions and arguments of a Party contain confidential information. Hearings held in closed session shall be confidential. 2. Unless the Parties agree otherwise, the venue shall alternate between the Parties with the first hearing to be held in the Party complained against. 3. The panel and the Parties shall treat as confidential any information submitted by a Party to the panel which that Party has designated as confidential. Where that Party submits a confidential version of its written submissions to the panel, it shall also, on request of the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public with an explanation as to why the non-disclosed information is confidential. 4. The deliberations of the panel shall be kept confidential. 5. The Parties shall be given the opportunity to attend any of the presentations, statements, arguments or rebuttals in the proceedings. The Parties shall make available to each other any information or written submissions submitted to the panel, including any comments on the descriptive part of the interim report, responses to questions of the panel and written comments on those responses. 6. The interim report and the final report shall be drafted without the presence of the Parties, and in light of the information provided and the statements made. The arbitrators shall assume full responsibility for the drafting of the reports and shall not delegate this responsibility to any other person. 7. The panel shall attempt to make its decisions, including its final report, by consensus. It may also make its decisions, including its final report, by majority vote where a decision cannot be arrived at by consensus. Dissenting opinions of arbitrators shall not be published. 8. The decisions of the panel shall be final and binding on the Parties. They shall be unconditionally accepted by the Parties. They shall not add to or diminish the rights and obligations of the Parties under this Agreement. They shall not be construed as creating rights for and obligations on persons.

Panel Proceedings. Any hearing of the panel shall be open to the public, unless the Parties agree otherwise or unless the submission and arguments of a Party contains confidential information. When hearings are held in closed session their confidentiality shall be respected.

Panel Proceedings. 1.7 After consultations with the parties, the Panel adopted its working procedures on 8 October 20137 and its timetable on 4 October 2013. The 1 See request for consultations by Guatemala, document WT/DS457/1 (of 16 April 2013). 2 See request for the establishment of a panel by Guatemala, document WT/DS457/2 (of 14 June 2013).

Panel Proceedings. 1. Except as otherwise specifically provided in this Part, the panel shall conduct its proceedings in accordance with the UNCITRAL Arbitration Rules. 2. Within 7 days of the panel being established, the complainant will also provide to the administrator a copy of the request for consultations issued under Article 25(6) and, if that complainant is a person, that person will provide to the administrator and the other disputant a copy of the notice, if any, issued under Article 25(4). 3. Subject to the requirements of this Part, the panel shall determine the manner in which it intends to proceed and, through the administrator, shall so notify the disputants. 4. In a dispute where one of the disputants is a person, the non-disputing Party may make oral and written submissions to the panel regarding the interpretation of this Agreement. 5. Without prejudice to a panel's authority to address other objections as preliminary questions, a panel shall address and decide as a preliminary question any objection by the responding Party that the matter under dispute is not one for which an award in favour of the complainant may be made under this Agreement. 6. Subject to Article 7(4) and any concerns relating to confidential information, panel hearings shall be open to the public, and the panel shall determine, in consultation with the disputants, the appropriate logistical arrangements therefor. 7. The hearing of the matter shall take place within 45 days of the establishment of the panel under Article 26 and shall take place at a location within the territory of the responding Party, as determined by the panel. 8. On agreement of the disputants, the panel process may be terminated at any time prior to the issuance of the panel's final report. 9. The panel shall, within 45 days of hearing the dispute, issue a report to the disputants that contains: (a) findings of fact; (b) rulings on any applicable interpretations and whether the measure at issue is or would be inconsistent with this Agreement; (c) any findings as to the possible economic effect of the measure; (d) recommendations, if any, to resolve the dispute; and (e) specification of a reasonable period of time for implementation of the panel's recommendations, which shall be no longer than one year from the issuance of the report. 10. Within 10 days of the delivery of the panel report to the disputants, either disputant, with notice to the other disputant, may request in writing to the administrator that the pane...