Статья 14.10. Разбирательство в Арбитражной коллегии / Article 14.10. Proceedings of the Arbitration Panel

Article 14.10
Proceedings of the Arbitration Panel

1. The arbitration panel shall meet in closed session, unless the disputing Parties decide otherwise.

2. Each disputing Party shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a disputing Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other disputing Party.

3. A disputing Party asserting that a measure of the other disputing Party is inconsistent with this Agreement shall have the burden of establishing such inconsistency. A disputing Party asserting that a measure is subject to an exception under this Agreement shall have the burden of establishing that the exception applies.

4. The arbitration panel should consult with the disputing Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution or mutually agreed solution.

5. The arbitration panel shall make every effort to take any decision by consensus. Where a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote.

6. At the request of a disputing Party, or upon its own initiative, the arbitration panel may obtain information from any source it deems appropriate for the arbitration panel proceedings. The arbitration panel also has the right to seek the opinion of experts as it deems appropriate. The arbitration panel shall consult the disputing Parties before choosing such experts. Any information obtained in this manner must be disclosed to the disputing Parties and submitted for their comments. Where the arbitration panel takes such information into account in the preparation of its report, it shall also take into account any comment by the disputing Parties on such information.

7. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.

8. Notwithstanding paragraph 7, either disputing Party may make public statements as to its views regarding the dispute, but shall treat as confidential any information and written submissions submitted by the other disputing Party to the arbitration panel which that Party has designated as confidential. Where a disputing Party has provided information or written submissions designated as confidential, that Party shall, no later than thirty (30) days after a request by the other disputing Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.