2. The arbitration panel shall, as soon as practicable and whenever possible within five days after the meeting with the parties to the dispute, determine the timetable for the arbitration panel proceedings.
3. The arbitration panel shall keep a record and render a final account of all its expenses incurred in connection with the proceedings, including those paid to their assistants, or other individuals that it retains in consultation with the parties to the dispute.
5. Written Submissions and Hearings
1. The complaining Party shall deliver its initial written submission no later than 15 days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 25 days after the date of delivery of the initial written submission.
2. Within 15 days after the date of the hearing, each party to the dispute may deliver a rebuttal submission and any supplementary written statement responding to any matter that arose during the hearing.
3. Each party to the dispute shall have the right to at least one hearing before the panel. The arbitration panel may decide to convene additional hearings.
4. Unless the parties to the dispute agree otherwise, the chair of the arbitration panel shall determine the date and time of the hearing in consultation with the parties to the dispute and the other members of the arbitration panel. The parties to the dispute shall be notified in writing thereof.
5. All arbitrators shall be present at all hearings.
6. No later than two days before the date of a hearing, each party to the dispute shall deliver to the other party to the dispute and the arbitration panel a list of the names of its representatives or advisers who will be attending the hearing together with a list of any witnesses that will participate.
7. The following persons may attend the hearing, irrespective of whether the proceedings are open to the public or not:
(a) representatives of a party to the dispute, meaning any employee or person appointed for the purpose of arbitration proceedings by a party to the dispute; and
(b) necessary personnel to assist in the arbitration panel proceedings, including staff, interpreters, translators, court reporters and arbitratorsâ assistants.
8. The hearings shall be so conducted that the complaining Party and the Party complained against are afforded equal time.
9. The arbitration panel shall arrange for a transcript of each hearing to be prepared and shall, as soon as possible after it is prepared, deliver a copy of the transcript to the parties to the dispute.
6. No Ex Parte Communication
1. The arbitration panel shall not meet or discuss matters under consideration with a party to the dispute in the absence of the other party to the dispute.
2. No arbitrator shall discuss matters under consideration with any or all parties to the dispute in the absence of the other arbitrators.
7. Questions In Writing
1. The arbitration panel may at any time during the arbitration panel proceedings address questions in writing to the parties to the dispute. Each party to the dispute shall receive a copy of any questions put forward by the arbitration panel, and the written responses thereto.
2. The party to the dispute that is not the addressee of the questions shall be given the opportunity to provide written comments on the reply of the other party to the dispute within ten days after the date of receipt.
8. Arbitrators' Resignation, Removal or Inability to Act
If an arbitrator resigns, is removed or is unable to act, the arbitration panel shall, after the appointment of a new arbitrator and after consulting the parties to the dispute, decide on any necessary modifications to their working procedures or timetable, including whether a hearing should be repeated in whole or in part.
Section C. GENERAL PROVISIONS
9. Notifications
1. A written submission, request, notice or other document shall be considered received when it has been delivered against receipt, registered post, courier, facsimile, electronic transmission, or any other means of communication that provides a record of the sending thereof.
2. A Party's written communications shall, at the same time as it is submitted to the arbitration panel, be transmitted by that Party to the other party to the dispute. A copy of the written communication shall be provided in electronic format.
3. Minor errors of a clerical nature in any written submission, request, notice or other document related to the arbitration panel proceedings may be corrected by delivery of a new document clearly indicating the changes.
10. Confidentiality
1. The parties to the dispute, the arbitrators and any other individuals involved in the arbitration proceedings shall treat as confidential any information submitted to the arbitration panel and designated as confidential.
2. During open hearings and where a party to the dispute runs the risk of disclosing confidential information, adequate measures shall be adopted by the arbitration panel to maintain the confidentiality of such information.
3. Where a party to the dispute submits a confidential version of its written submissions to the arbitration panel it shall, at the request of the other party to the dispute, also provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public no later than 15 days after the hearings.
4. Nothing in these rules shall preclude any party to the dispute from disclosing statements of its own positions to the public.
11. Third Party Participation
These rules shall apply mutatis mutandis to any Party participating in the arbitration panel proceedings pursuant to paragraph 5 of Article 12.4 of the Agreement, unless otherwise specified in the Agreement or these rules.
12. Language
1. The working language of the dispute settlement proceedings shall be English.
2. Written submissions, documents, oral arguments or presentations at the hearings, initial and final reports of the arbitration panel, as well as all other written or oral communications between Parties and the arbitration panel, shall be in the working language.
13. Calculation of Time Periods
1. All time periods laid down in Chapter 12 (Dispute Settlement) and these rules shall be calculated from the day following the day when the communication is received. If the last day of such period is an official holiday or a non-working day in the Party to which the communication is addressed, the period is extended to the next working day. The parties to the dispute shall inform each other of their respective official holidays and non-working days when commencing the arbitration.
2. Where a party to the dispute receives a document on a date other than the date on which the same document is received by the other party to the dispute, a time period depending on such receipt shall be calculated from the later date.
14. Experts
At the request of a party to the dispute or on its own initiative, the arbitration panel may seek information and technical advice from any individual or body which it deems appropriate and may consult with the parties to the dispute prior to seeking such information and advice. The parties to the dispute shall be informed in writing thereof. Any information or technical advice so obtained shall be submitted to the parties to the dispute, who shall be offered the opportunity to comment.