4. Unless the panel otherwise decides, the complaining Party shall deliver its first written submission to the panel no later than 20 days from the date of appointment of the final panellist. The respondent Party shall deliver its first written submission to the panel no later than 20 days from the date of delivery of the complaining Party’s first written submission. Copies shall be provided for each panellist.
5. Each Party shall also provide a copy of its first written submission to the other Party at the same time as it is delivered to the panel.
6. Within 10 days of the conclusion of the hearing, each Party may deliver to the panel and the other Party a supplementary written submission responding to any matter that arose during the hearing.
7. The Parties shall transmit all information, written submissions, written versions of oral statements, and responses to questions put by the panel to the other Party to the dispute at the same time as it is submitted to the panel.
8. All written documents provided to the panel or by one Party to the other Party shall also be provided in electronic form.
9. Minor errors of a clerical nature in any request, notice, written submission, or other document related to the panel proceeding may be corrected by delivery of a new document clearly indicating the changes.
Operation of the Panel
10. The chairperson of the panel shall preside at all of its meetings. The panel may delegate to the chairperson the authority to make administrative and procedural decisions.
11. Panel deliberations shall be confidential. Only panellists may take part in the deliberations of the panel. The reports of panels shall be drafted without the presence of the Parties and shall take into account the information provided and the statements made.
12. Opinions expressed in the panel report by individual panellists shall be anonymous.
Hearings
13. The Parties shall be given the opportunity to attend hearings and meetings of the panel.
14. The timetable established in accordance with paragraph 1 shall provide for at least one hearing for the Parties to present their cases to the panel.
15. The panel may convene additional hearings if the Parties so agree.
16. All panellists shall be present at hearings. Panel hearings shall be held in closed session with only the panellists and the Parties in attendance. However, in consultation with the Parties, assistants, translators, or designated note takers may also be present at hearings to assist the panel in its work. Any such arrangements established by the panel may be modified with the agreement of the Parties.
17. The hearing shall be conducted by the panel in a manner ensuring that the complaining Party and the respondent Party are afforded equal time to present their case. The panel shall conduct the hearing in the following manner: argument of the complaining Party; argument of the respondent Party; reply of the complaining Party; counter-reply of the respondent Party; closing statement of the complaining Party; and closing statement of the respondent Party. The chairperson may set time limits for oral arguments to ensure that each Party is afforded equal time.
Questions
18. The panel may direct questions to either Party at any time during the proceeding. The Parties shall respond promptly and fully to any request by the panel for such information as the panel considers necessary and appropriate.
19. Where the question is in writing, each Party shall also provide a copy of its response to such questions to the other Party at the same time as it is delivered to the panel.
Each Party shall be given the opportunity to provide written comments on the response of the other Party.
Confidentiality
20. The panel’s hearings and the documents submitted to it shall be confidential. Each Party shall treat as confidential all information submitted to the panel by the other Party which that Party has designated as confidential.
21. Where a Party designates as confidential its written submissions to the panel, it shall, on request of the other Party, provide the panel and the other Party with a nonconfidential summary of the information contained in its written submissions that could be disclosed to the public no later than 10 days after the date of request.
Nothing in this Annex shall prevent a Party from disclosing statements of its own positions to the public.
Working language
22. The working language of the panel proceeding, including for written submissions, oral arguments or presentations, the report of the panel, and all written and oral communications between the Parties and with the panel, shall be English.
Venue
23. The venue for the hearings of the panel shall be decided by agreement between the Parties. If there is no agreement, the first hearing shall be held in the territory of the respondent Party, and any additional hearings shall alternate between the territories of the Parties.
Expenses
24. The panel shall keep a record and render a final account of all general expenses incurred in connection with the proceeding, including those paid to its assistants, designated note takers, or other individuals that it retains.
Indicative Timetable for the Panel
Panel established on xx/xx/xxxx.
1. Receipt of first written submissions of the Parties:
(a) complaining Party: 20 days after the date of appointment of the final panellist;
(b) respondent Party: 20 days after (a);
2. Date of the first hearing with the Parties: 20 days after receipt of the first submission of the respondent Party;
3. Receipt of written supplementary submissions of the Parties: 10 days after the date of the first hearing;
4. Issuance of interim report to the Parties: 90 days after the date of composition of the panel;
5. Deadline for the Parties to provide written comments on the interim report: 15 days after the issuance of the interim report; and
6. Issuance of final report to the Parties: within 120 days after the date of composition of the panel.
ANNEX 14-2. CODE OF CONDUCT FOR PANELLISTS
Definitions
For the purposes of this Annex:
Assistant means a person who, under the terms of appointment of a panellist, conducts research or provides support for the panellist;
Panellist means a member of a panel established under Article 14.8 (Establishment of a Panel);
Proceeding, unless otherwise specified, means the proceeding of a panel under this Chapter; and
Staff, in respect of a panellist, means persons under the direction and control of the panellist, other than assistants.
Responsibilities Concerning the Process
1. Every panellist shall avoid impropriety or bias and the appearance of impropriety or bias, shall be independent and impartial, shall avoid direct and indirect conflicts of interest, and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement proceeding are preserved. Former panellists shall comply with the obligations established in paragraphs 17 through 20.
Disclosure Obligations
2. Prior to confirmation of his or her selection as a panellist under this Agreement, a candidate shall disclose any interest, relationship, or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interest, relationship, or matter.
3. Once selected, a panellist shall continue to make all reasonable efforts to become aware of any interest, relationship, or matter referred to in paragraph 2 and shall disclose them by communicating them in writing to the Joint Committee for consideration by the Parties. The obligation to disclose is a continuing duty, which requires a panellist to disclose any such interest, relationship or matter that may arise during any stage of the proceeding.
Performance of Duties by Panellists
4. A panellist shall comply with the provisions of this Chapter and any applicable rules of procedure adopted in conformity with Annex 14-1 or Article 14.16 (Procedures of the Panel).
5. On selection, a panellist shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence.
6. A panellist shall not deny other panellists the opportunity to participate in all aspects of the proceeding.
7. A panellist shall consider only those issues raised in the proceeding and necessary to rendering a decision and shall not delegate the duty to decide to any other person.
8. A panellist shall take all appropriate steps to ensure that the panellist’s assistant and staff are aware of, and comply with, paragraphs 1 through 3 and 18 through 20 of this Annex.
9. A panellist shall not engage in ex parte contacts concerning the proceeding.
10. A panellist shall not communicate matters concerning actual or potential violations of this Annex by another panellist unless the communication is to both Parties or is necessary to ascertain whether that panellist has violated or may violate this Annex.
Independence and Impartiality of Panellists
11. A panellist shall be independent and impartial. A panellist shall act in a fair manner and shall avoid creating an appearance of impropriety or bias.
12. A panellist shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party, or fear of criticism.
13. A panellist shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the panellist’s duties.
14. A panellist shall not use his or her position on the panel to advance any personal or private interests. A panellist shall avoid actions that may create the impression that others are in a special position to influence the panellist. A panellist shall make every effort to prevent or discourage others from representing themselves as being in such a position.
15. A panellist shall not allow past or existing financial, business, professional, family, social relationships or responsibilities to influence the panellist’s conduct or judgment.
16. A panellist shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the panellist’s impartiality or that might reasonably create an appearance of impropriety or bias.
Duties in Certain Situations
17. A panellist or former panellist shall avoid actions that may create the appearance that the panellist was improper or biased in carrying out the panellist’s duties or would benefit from the decision or report of the panel.
Maintenance of Confidentiality
18. A panellist or former panellist 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 panellist shall not disclose a panel report, or parts thereof, prior to its publication.
20. A panellist or former panellist shall not at any time disclose the deliberations of a panel, or any panellist’s view, except as required by legal or constitutional requirements.