a) until the measure found not to be in conformity with the Agreement has been withdrawn or modified so as to bring it into conformity with the Agreement;
b) until the Panel decides that the compliance measure is compatible with the award and with the provisions of the Agreement; or
c) until the Parties have otherwise settled the dispute.
6. Upon request of a Party, the original Panel shall rule on the conformity with the final report of any implementing measure adopted after the suspension of benefits and, in light of such rulings, whether the suspension of benefits should be terminated or modified. The rulings of the Panel shall be made within 30 days from the date of the receipt of such tequest.
16. Request for Clarifications
1. Within 10 days after the issuance of the final report, a disputing Party may submit a written request to the Panel for clarification of any determinations or recommendations in the award that the Party considers ambiguous. The Panel shall respond to the request within 10 days after the presentation of such request.
2. The submission of a request pursuant to paragraph 1 shall not affect the time periods referred to in Article 14 (Implementation of the ruling) and Article 15 (Compensation and suspension of benefits) of this Protocol, unless the Panel decides otherwise.
17. Compliance Review
1. If the Party concerned considers that it has eliminated the non-conformity with the Agreement as originally determined by the final report of the Panel, it may request in writing that the original Panel make a determination on the matter. Such request shall be notified simultaneously to the other Party. The original Panel shall issue to the Parties its determination no later than forty-five (45) days after the date of the submission of the request. If the Panel determines that the Party concerned has eliminated the non- conformity with the provisions of the Agreement, the other Party shall cease to apply any suspension of concessions or other obligations that it has implemented.
2. In the event that any member of the original Panel is no longer available, the procedures set out in Article 9 shall apply. The time limit for issuing the determination on the length of the reasonable period of time shall be no later than 10 (ten) days after the date of submission of the request provided for in paragraph 1.
18. Remuneration and Expenses
1. Unless the Parties agree otherwise:
a) each Party shall bear the costs of its appointed panelist, its own expenses and legal costs; and
b) the costs of the Chairperson and other expenses associated with the conduct of its proceedings shall be borne in equal parts by the Parties.
2. Upon request of a Party, the Panel may decide on the expenses referred to in subparagraph b) of paragraph 1 of this Article taking into account the particular circumstances of the case.
19. Amendment
This Protocol shall be amended in accordance with the provisions of Article 31 of the Agreement.
20. Language
1. All proceedings pursuant to this Protocol shall be conducted in the English language. 2. Any document submitted for use in the proceedings pursuant to this Protocol shall be
in the English language. If any original document is not in the English language, the Party submitting it shall provide an English language translation of such document.
Annex I. RULES OF PROCEDURE
General Provisions
1. The definitions in the Dispute Settlement Protocol shall apply to this Annex. In addition, for the purposes of this Annex and Annex I (Code of Conduct for panelists of the Panel):
a) "Adviser" means a person retained by a Party to advise or assist that Party in connection with the Panel proceeding;
b) "Representative of a Party" means an employee or any person appointed by a government department or agency or any other public entity of a Party who represents the Party for the purposes of a dispute under the Agreement.
2. This Annex shall apply to dispute settlement proceedings under Dispute Settlement Protocol, unless the Parties agree otherwise.
3. The complaining Party shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organization of hearings, unless otherwise agreed. The Parties shall share equally the expenses incurred in organizational matters, including the expenses of the panelists.
Notifications
4. All notifications shall be addressed to the Joint Committee.
5. The disputing Parties and the Panel shall be simultaneously included in transmit of any request, notice, written submission or other document by e-mail. A copy of the documents shall also be provided in electronic format. Unless proven otherwise, an e- mail message shall be deemed to be received on the same date of its sending.
6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the Panel proceeding may, unless the other Party objects, be corrected by delivery, in accordance with Rules 4 and 5, of a new document clearly indicating the changes.
7. Ifthe last day for delivery of a document falls on an official public holiday of either Party, the document shall be delivered on the next business day. Record of the Meetings of the Panel
8. The Panel shall record minutes of the meetings held during each proceeding, which shall be kept in the files of the dispute.
Commencing the Panel proceeding
9. Unless the Parties agree otherwise, the Panel within seven (7) days of its establishment shall contact the Parties in order to determine such matters that the Parties or the Panel deem appropriate, including the remuneration and expenses to be paid to the panelists. Panelists and representatives of the Parties may take part in this meeting via telephone or video conference.
Initial Written Submissions
10. The complaining Party shall deliver its initial written submission to the other Party and to each of the panelists, no later than twenty-one (21) days after the date of establishment of the Panel.
11. The Party complained against shall deliver its written counter-submission to the other Party and to each of the panelists, no later than twenty-one (21) days after the date of delivery of the initial written submission.
Work of the Panel
12. The Chairperson shall preside at all Panel's meetings. The Panel may delegate to the Chairperson authority to make administrative and procedural decisions.
13. Unless provided otherwise in Dispute Settlement Protocol, the Panel shall conduct its activities by any mean of electronic communication, including telephone, facsimile transmissions, computer links or video-conference.
14. Only panelists may take part in the deliberations of the Panel.
15. It shall be the exclusive responsibility of the Panel to consider all issues raised during the proceedings and draft any decision, and this responsibility shall not be delegated.
16. If a procedural question arises that is not covered in the Protocol (Dispute Settlement) the Panel, after consulting the Parties, may adopt the appropriate procedure that is compatible with those provisions.
17. When the Panel considers, after consulting the Parties, that there is a need for modifying any time-limit or any other procedure, it shall propose a new procedure or timeframe to the Parties by means of a written notification. Any modification of procedure or of time-limits shall be mutually agreed between the Parties.
Hearings
18. The Chairperson shall fix the date and time of the hearing in consultation with the Parties and the other panelists, and confirms this in writing to the Parties, no later than fifteen (15) days prior to the hearing, which shall be held by means of electronic communication.
19. The Panel may convene additional hearings if the Parties so agree.
20. All panelists shall be present during the entirety of any hearings.
21. The following persons may attend the hearing:
a) representatives of the Parties;
b) advisers to the Parties.
Only the representatives of and advisors to the Parties may address the Panel.
22. No later than five (5) days before the date of a hearing, each Party shall deliver to the Panel, and simultaneously to the other Party, a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing.
23. The Panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time:
Submissions
(a) submission of the complaining Party; (b) submission of the Party complained against; Rebuttals
(a) rebuttal of the complaining Party; (b) counter-rebuttal of the Party complained against.
24. The Panel may direct questions to either Party at any time during the hearing.
25. The Party will provide the Panel and the other Party all its statements and replies in writing no later than 5 days after the hearing.
26. With the agreement of the Panel each Party may submit a supplementary written submission concerning any matter that arose during the hearing. The other disputing Party shall also be given the opportunity to provide written comments on any such supplementary written submission.
Evidence
27. Parties shall submit all evidence to the Panel no later than during the course of the first hearing provided for in paragraph 17 other than evidence necessary for purposes of rebuttals and answers to questions. Exceptions to this procedure will be granted upon a showing of good cause. In such cases, the other Party shall be accorded a period of time for comment on the newly submitted evidence, as the Panel deems appropriate.
28. All the evidence submitted by the Parties shall be kept in the files of the dispute.
29. In case the Parties so request, the Panel shall hear witnesses or experts, in the presence of the Parties, during the hearings.
Questions in Writing
30. The Panel may at any time during the proceedings address questions in writing to the disputing Parties and set a time-limit for submission of the responses. The Parties shall receive a copy of any question put by the Panel.
31. Each Party shall also provide a copy of its written response to the Panelâs questions to the other Party. Each Party shall be given the opportunity to provide written comments on the other Partyâs reply within seven (7) days of the date of receipt.
Breaches to the Procedures
32. Whenever a Party fails to submit in due time its initial written submission, is absent from a scheduled hearing or in any other way breaches the procedures without good and sufficient cause, the Panel shall, upon assessment of the aforesaid circumstances decide on its effect on the future course of the proceedings.
Confidentiality
33. The Parties and their advisers and representatives, all panelists, former panelists, and all attendees and experts at the Panel hearings shall maintain the confidentiality of the hearings, the deliberations and initial Panel report, and all written submissions to, and communications with, the Panel. This includes any information submitted by a Party to the Panel which that Party has designated as confidential. Nothing in this Annex shall preclude a Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other Party, it does not disclose any information designated by the other Party as confidential.
Ex parte contacts
34. The Panel shall not meet, hear or otherwise contact a Party in the absence of the other Party.
35. No panelists may discuss any aspect of the subject matter of the proceedings with a Party or the Parties in the absence of the other panelists.
Calculation of time-limits
36. Where, by reason of the application of Rule 9 (Commencing the Panel proceeding) of this Annex, a Party receives a document on a date other than the date on which this document is received by the other Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.
Annex II. CODE OF CONDUCT FOR PANELISTS OF THE PANEL
Definitions
1. The definitions in the Dispute Settlement Protocol and Annex I (Rules of Procedure) shall apply to this Annex.
Responsibilities to the process
2. The panelists shall abide all the terms and rules set out in the Dispute Settlement Protocol, this Code of Conduct and the Rules of Procedure.
3. Throughout the proceedings, every candidate and panelist shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests, and shall observe high standards of conduct, so that the integrity and impartiality of the dispute settlement mechanism is preserved. Panelists shall not take instructions from any organization, individual or government with regard to matters before a Panel.
Disclosure Obligations
4. Prior to confirmation of his or her selection as a panelist under the Protocol (Dispute Settlement), shall disclose the existence of any interest, relationship or matter that he/she could reasonably be expected to know and that is likely to affect or could raise justifiable doubt as to the panelistâs independence or impartiality, including public statements of personal opinion on issues relevant to the dispute and any professional relationship with any person or organization with interest in the case or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.
5, Once selected, a panelist shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 4 of this Code of Conduct and shall disclose them. The disclosure obligation is a continuing duty which requires a panelist to disclose any such interests, relationships or matters that may arise during any stage of the proceeding. The panelist shall disclose such interests, relationships or matters by informing the disputing Parties, in writing, for consideration by the Parties.
6. Disclosure of an interest, relationship or matter is without prejudice as to whether that interest, relationship or matter is indeed covered by paragraphs 3 or 4, or whether it warrants recusal or disqualification. In the event of uncertainty regarding whether an interest, relationship or matter must be disclosed, a candidate or panelist should err in favour of disclosure.
7. A candidate or panelist shall only communicate matters concerning actual or potential violations of this Code of Conduct to the Parties for consideration by the disputing Parties.
Duties of panelists
8. Upon selection, a panelist shall perform his/her duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence.
9. A panelist shall consider only those issues raised in the proceeding and necessary for an award and shall not delegate this duty to any other person. A panelist shall not deny other panelists the opportunity to participate in all aspects of the proceeding.
10. A panelist shall not engage in "ex parte" contacts.
Independence and impartiality of panelists
12. A panelist shall be independent and impartial, and avoid creating an appearance of impropriety or bias, and shall not be influenced by self-interest, outside pressure, political considerations or public opinion, loyalty to a Party, or fear of criticism.
13. A panelist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere with, or which could give rise to justifiable doubts as to, the proper performance of his/her duties.
14. A panelist may not use his/her position on the Panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence him or her.
15. A panelist may not allow financial, business, professional, family or social relationships or responsibilities to influence his or her conduct or judgment.
16. A panelist must avoid entering into any relationship or acquiring any financial interest that is likely to affect his or her impartiality or that might reasonably create an appearance of impropriety or bias.
Obligations of former panelists
17. All former panelists shall avoid actions that may create the appearance that he or she was biased in carrying out his or her duties or derived advantage from the decision or award of the Panel.
18. A panelist or former panelist shall not at any time disclose or use any non- public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage, or advantage for others, or to affect adversely the interest of others.
19. A panelist shall not disclose a report of the Panel, or parts thereof, prior to its publication.
20. A panelist or former panelist shall not at any time disclose the deliberations of a Panel, or any panelist's view.