Availability of Information
35. The Parties shall maintain the confidentiality of the arbitral tribunal's hearings, deliberations and initial report, and all written submissions to, and communications with, the arbitral tribunal, in accordance with the following procedures:
(a) a Party may make available to the public at any time its own written submissions;
(b) to the extent it considers necessary to protect personal privacy or legitimate commercial interests of particular enterprises, public or private, or to address essential confidentiality concerns, a Party may designate specific information included in its written submissions, or that it has presented in the arbitral tribunal hearing, for confidential treatment;
(c) a Party shall treat as confidential any information submitted by the other Party to the arbitral tribunal that the latter Party has designated as confidential pursuant to subparagraph (b); and
(d) each Party shall take such reasonable steps necessary to ensure that experts, interpreters, translators, court reporters and other individuals involved in the arbitral tribunal proceedings maintain the confidentiality of the arbitral tribunal proceedings.
Remuneration and Payment of Expenses
36. Unless the Parties otherwise agree, the expenses of the arbitral tribunal, the remuneration of the arbitrators and their assistants, their travel and lodging expenses, and all general expenses shall be borne in equal shares between the Parties.
37. Each arbitrator shall keep a record and render a final account of his or her time and expenses, and those of any assistant, and the arbitral tribunal shall keep a record and render a final account of all general expenses.
Language
38. All proceedings relating to the dispute settlement proceedings shall be conducted in the English language.
39. Any document submitted for use in any proceedings pursuant to this Chapter shall be in the English language. If any original document is not in the English language the Party submitting such document shall provide an English translation of that document.
Time Limits
40. All time limits laid down in this Chapter, including the limits for the arbitral tribunals to issue their rulings, shall be counted in calendar days, the first day being the day following the act or fact to which they refer.
Annex 14-B . CODE OF CONDUCT
Definitions
1. For the purposes of this Annex:
arbitrator means a member of an arbitral tribunal established under Article 14.10 (Composition of the Arbitral Tribunal);
assistant means a person who, under the terms of appointment by an arbitrator, conducts research or provides other professional assistance for the arbitrator;
expert means a person or body from whom the arbitral tribunal seeks information and technical advice pursuant to Rules 28 to 30 (Role of Experts) of the Rules of Procedure in Annex 14A (Rules of Procedure);
proceeding, unless otherwise specified, means an arbitral tribunal proceeding under this Chapter; and
staff means persons under the direction and control of the arbitral tribunal or of an arbitrator, other than assistants.
Responsibilities to the Process
2. Every arbitrator 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 process are preserved.
Disclosure Obligations
3. Prior to confirmation of his or her appointment as an arbitrator 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 interests, relationships and matters. The candidate shall disclose such interests, relationships and matters by completing and providing the Undertaking Form attached to this Annex to the Joint Committee for consideration by the Parties.
4. Without limiting the generality of the obligation in Rule 3, candidates shall disclose the following interests, relationships and matters:
(a) any direct or indirect financial, business, property, professional or personal interest, past or existing, of the candidate:
(i) in the proceeding or in its outcome; and
(ii) in an administrative, arbitral or court proceeding or another tribunal or committee proceeding that involves an issue that may be decided in the proceeding for which the candidate is under consideration ;
(b) any financial, business, property, professional or personal interest, past or existing, of the candidate's employer, partner, business associate or family member:
(i) in the proceeding or in its outcome; and
(ii) in an administrative, arbitral or court proceeding or another tribunal or committee proceeding that involves issues that may be decided in the proceeding for which the candidate is under consideration;
(c) any past or existing financial, business, professional, family or social relationship with a person or entity that has an interest in the proceeding, or the Party’s counsel, representative or adviser, or any such relationship involving a candidate's employer, partner, business associate or family member; and
(d) public advocacy, including statements of personal opinion, or legal or other representation concerning an issue in dispute in the proceeding or involving the same type of goods, services or investments.
5. Once appointed, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships and matters referred to in Rules 3 and 4 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 an arbitrator to disclose any such interests, relationships and matters that may arise during any stage of the proceeding.
6. This Annex does not determine whether or under what circumstances the Parties will disqualify a candidate, or an arbitrator from being appointed to or serving as a member of an arbitral tribunal, on the basis of disclosures made.
Performance of Duties by Arbitrators
7. In addition to this Annex, an arbitrator shall comply with the provisions of the Chapter 14 (Dispute Settlement) and Annex 14A (Rules of Procedure).
8. Upon appointment, an arbitrator shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence.
9. An arbitrator shall consider only those issues raised in the proceeding and necessary to issue the reports and rulings of the arbitral tribunal and shall not delegate any of his or her duties to any other person, except as provided for in Rule 12 of Annex 14A (Rules of Procedure).
10. An arbitrator shall take all appropriate steps to ensure that his or her assistants and staff are aware of, and comply with this Annex, mutatis mutandis.
11. An arbitrator shall not engage in ex parte communications concerning the proceeding.
12. An arbitrator shall not communicate matters concerning actual or potential violations of this Annex unless the communication is to both Parties or is necessary to ascertain whether that arbitrator has violated or may violate this Annex.
Independence and Impartiality of Arbitrators
13. An arbitrator shall be independent and impartial. An arbitrator shall act in a fair manner and shall avoid creating an appearance of impropriety, bias or that he or she would benefit from the decision or ruling of the arbitral tribunal.
14. An arbitrator shall not be influenced by self-interest, outside pressure, political considerations, public clamor, loyalty to a Party, or fear of criticism.
15. An arbitrator 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 arbitrator’s duties.
16. An arbitrator shall not use his or her position on the arbitral tribunal to advance any personal or private interests. An arbitrator shall avoid actions that may create the impression that others are in a special position to influence the arbitrator.
17. An arbitrator shall not allow past or existing financial, business, professional, family or social relationships, or responsibilities to influence the arbitrator's conduct or judgment.
18. An arbitrator shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the arbitrator's impartiality or that might reasonably create an appearance of impropriety or bias.
Obligations of Former Arbitrators
19. A former arbitrator shall avoid actions that may create the appearance that he or she was biased in carrying out his or her duties or derived advantage or benefit from the decisions or rulings of the arbitral tribunal.
Maintenance of Confidentiality
20. An arbitrator or former arbitrator shall not at any time disclose or use any non- public information concerning a proceeding or acquired during a proceeding except for 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.
21. An arbitrator or former arbitrator shall not disclose an arbitral tribunal report or parts thereof prior to its publication.
22. An arbitrator or former arbitrator shall not at any time disclose the deliberations of an arbitral tribunal or any arbitrator’s view except as required by law.
Mediators and Conciliators and Experts
23. The provisions described in this code of conduct shall apply, mutatis mutandis, to mediators, conciliators and experts.
UNDERTAKING IN THE MATTER OF PROCEEDING (TITLE)
I have read the Code of Conduct for dispute settlement procedures for the Viet Nam- Israel Free Trade Agreement (the Code of Conduct) and affirm that I comply with the standards and obligations set out in that Code of Conduct.
To the best of my knowledge there is no reason why I should not accept appointment/selection as an arbitrator/mediator/conciliator/assistant/expert in this proceeding.
The following matters could potentially be considered to affect my independence or impartiality, or might create an appearance of impropriety or an apprehension of bias in the proceeding:
[Set out the details of any interests covered by paragraph 3, and in particular all relevant information covered by paragraph 4.]
I recognize that, once appointed/selected, I have a continuing duty to uphold all obligations specified in this Code of Conduct including to make all reasonable efforts to become aware of any interest, relationship, or matter referred to in this Code of Conduct that may arise during any stage of the proceedings. I will disclose in writing any applicable interest, relationship, or matter to the Parties as soon as I become aware of it.
Signature_____________
Name________________
Date_________________
Chapter 15. FINAL PROVISIONS
Article 15.1. Annexes, Appendices and Footnotes
The annexes, appendices and footnotes to this Agreement shall constitute integral parts of this Agreement.
Article 15.2. Amendments
1. The Parties may agree upon any amendments to this Agreement in writing.
2. Amendments to this Agreement shall enter into force and constitute an integral part of this Agreement in accordance with the procedures set forth in Article 15.3 (Entry into force).
Article 15.3. Entry Into Force
This Agreement shall enter into force 60 days after the date of the latter Diplomatic Note by which the Parties notify each other that their internal legal procedures for the entry into force of the Agreement have been completed or any other period that the Parties may agree.
Article 15.4. Duration and Termination
1. This Agreement shall be valid for an indefinite period.
2. Either Party may terminate this Agreement by means of a written Diplomatic Note to the other Party. Such termination shall become effective six months after the date of receipt of such notification by the other Party.
Article 15.5. Amendments to the WTO Agreement
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult on whether to amend this Agreement in light of such amendment to the WTO Agreement.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done at _________, on ________________________ 2023 which corresponds to the ________ day of _________ in the year 5783 in the Hebrew calendar, in two original copies in the English language, both texts being equally authentic.
Attachments
ANNEX I . RESERVATIONS FOR EXISTING MEASURES SCHEDULE OF THE STATE OF ISRAEL
EXPLANATORY NOTE
1. Israel's schedule to this Annex sets out, pursuant to subparagraph 1 of Article 8.7 (Non-Conforming Measures) and 9.8(Non-Conforming Measures), its existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 8.3 (National Treatment) or 9.4 (National Treatment);
(b) Article 8.4 (Most-Favored-Nation Treatment) or 9.5 (Most-Favored-Nation Treatment);
(c) Article 8.5 (Market Access):
(d) Article 8.6 (Local Presence);
(e) Article 9.6 (Performance Requirements); or
(f) Article 9.7 (Senior Management and Board of Directors)
2. Each Schedule entry sets out the following elements:
(a) “Sector” refers to the sector for which the entry is made;
(b) “Sub-Sector”, where referenced, refers to the specific sub-sector for which the entry is made;
(c) “Industry Classification”, where referenced, and only for transparency purposes, refers to the activity covered by the non-conforming measure, according to domestic or international industry classification codes;
(d) “Obligations Concerned” specifies the obligations referred to in paragraph 1 that, pursuant to subparagraph 1(a) of Article 8.7 and subparagraph 1(a) of Article 9.8, do not apply to the listed measure(s);
(e) “Measures” identifies the laws, regulations or other measures for which the entry is made. A measure cited in the “Measures” element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(f) “Description” sets out the non-conforming measure or provides a general description of the measure for which the entry is made.
3. In the interpretation of an entry, all elements of the entry shall be considered. An entry shall be interpreted in the light of the relevant provisions of this Agreement against which the entry is taken, and the “Measures” element shall prevail over all the other elements.
4. For the purposes of this Annex the term “CPC” means Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
5. A Schedule entry for a requirement to be an Israeli national or resident is inscribed with respect to Article 8.6 (Local Presence) and Article 8.3 (National Treatment).
6. For greater certainty, a Schedule entry for a requirement to be an Israeli national or resident inscribed with respect to 8.3 (National Treatment) or Article 9.4 (National Treatment) shall be considered a limitation with respect to Article 8.5 (Market Access) as well.
7. For greater certainty, in accordance with Article 8.1.3, a Schedule entry for a non-conforming measure with respect to Article 8.5 (Market Access) shall also apply to measures adopted or maintained by Israel affecting the supply of a service in its territory through commercial presence, notwithstanding the heading of the Description element.
1 Sector: All
Obligations Concerned:
National Treatment (Articles 8.3 and 9.4)
Senior Management and Board of Directors (Article 9.7)
Measures: The Companies Law, 1999 (Articles 115, 118A, 239 and 240).
Description: Investment
A public corporation or a company that has issued debt securities to the public (hereafter Debenture Company) must have on its board of directors at least two outside directors.
All outside directors of a public company must be Israeli residents.
All outside directors shall be members of the audit committee and of the remuneration committee and form a majority thereof. There shall be no fewer than three members in the audit committee and no fewer than three members in the remuneration committee.
However, a public company or a debenture company whose shares or debt - or part of them- were offered to the public outside Israel, or that is registered in a stock exchange outside Israel, can appoint outside directors who are not Israeli residents.
2 Sector: All
Obligations Concerned:
Performance Requirements (Article 9.6)
Measures: Bankruptcy Ordinance, 1980
Companies Law, 1999 (Articles 350-351)
Companies Ordinance, 1983
Description: Investment
When an investor or an investment is declared bankrupt or insolvent and subject to debt restructuring proceedings, Israel may demand a transfer of technology, a production process or other proprietary knowledge to the extent necessary for the proceedings.
3 Sector: All
Obligations Concerned:
Market Access (8.5)
National Treatment (Articles 8.3 and 9.4)
Performance Requirements (Article 9.6)
Local Presence (Article 8.6)
Measures: Law for Hazardous Substances, 1993
Law for the Prevention of Asbestos Hazards and Damaging Dust, 2011
Law of Environmental Treatment of Electrical and Electronic Equipment and Batteries, 2012
Water Law, 1959
Hazardous Substances Regulations (Import and Export of Hazardous Substances), 1994
Law for the Regulation of the Practice of Pest Control, 2016
Law for the Treatment of Packing Material, 2011
Business Licensing Regulations (Disposal of Hazardous Material Waste), 1990
Description: Cross-Border Trade in Services and Investment
1. Nationality or residency of Israel is required for hazardous substances handler permit.
2. A refuse disposal enterprise for environmental treatment of electrical and electronic equipment and batteries shall employ only nationals or residents of Israel.
3. Certain hazardous materials may only be treated by the Environmental Services Company.
4. Nationality or residency of Israel is required to obtain a permit for collection and treatment of asbestos.
5. At least one employee of an asbestos contractor, that performs dismantling and removal of asbestos, shall be a national or resident of Israel.
6. Export of packaging material waste is limited to 20 percent of the recycling objective in accordance with the Law for the Treatment of Packing Material, 2011.
7. Obtainment of permit for export of hazardous substances requires authorization by the Ministry of Environmental Protection.