1. Recourse to the dispute settlement procedure under this Chapter shall be without prejudice to any action in the framework of the World Trade Organization, including dispute settlement action, or under any other international agreement to which both Parties are party.
2. By way of derogation from paragraph 1, a Party shall not, for a particular measure, seek redress for the breach of a substantially equivalent obligation under this Agreement and under the WTO Agreement or under any other international agreement to which both Parties are party in the relevant fora. Once dispute settlement proceedings have been initiated, the Party shall not bring a claim seeking redress for the breach of the substantially equivalent obligation under the other agreement to the other forum, unless the forum selected first fails for procedural or jurisdictional reasons to make findings on the claim seeking redress to that obligation.
3. For the purposes of this Article:
(a) dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes;
(b) dispute settlement proceedings under this Chapter are deemed to be initiated by a Party's request for the establishment of an arbitration panel under paragraph 1 of Article 3.5 (Initiation of the Arbitration Procedure);
(c) dispute settlement proceedings under any other international agreement are deemed to be initiated in accordance with that agreement.
4. Nothing in this Agreement shall preclude a Party from implementing the suspension of obligations authorised by the DSB. Neither the WTO Agreement nor the Free Trade Agreement shall be invoked to preclude a Party from taking appropriate measures under Article 3.15 (Temporary Remedies In Case of Non-Compliance).
Article 3.25. Time Limits
1. All time limits laid down in this Section, including the limits for the arbitration panels to notify their reports and rulings, shall be counted in calendar days from the day following the act or fact to which they refer, unless otherwise specified.
2. Any time limit referred to in this Section may be modified by mutual agreement of the Parties to the dispute. The arbitration panel may at any time propose to the Parties to modify any time limit referred to in this Section, stating the reasons for the proposal.
Article 3.26. Review and Amendment
The Committee may review and decide to amend Annexes 7 (Rules of Procedure), 8 (Code of Conduct for Arbitrators and Mediators) and 9 (Mediation Mechanism).
Section B. Resolution of Disputes between Investors and Parties
Subsection 1. Scope and Definitions
Article 3.27. Scope
1. This Section applies to a dispute between, on the one hand, a claimant of one Party and, on the other hand, the other Party concerning any measure (1) which allegedly constitutes a breach of the provisions of Chapter 2 (Investment Protection) and which allegedly causes loss or damage to the claimant or, where the claim is brought on behalf of a locally established company owned or controlled by the claimant, to the locally established company.
2. For greater certainty, a claimant shall not submit a claim under this Section if its investment has been made through fraudulent misrepresentation, concealment, corruption or conduct amounting to an abuse of process.
3. The Tribunal and the Appeal Tribunal established pursuant to Articles 3.38 (Tribunal) and 3.39 (Appeal Tribunal), respectively, may not decide claims that fall outside the scope of this Article.
4. A claim with respect to restructuring of debt of a Party shall be addressed in accordance with this Section and Annex 5 (Public Debt).
Article 3.28. Definitions
For the purposes of this Section, unless otherwise specified:
(a) "proceedings" means proceedings before the Tribunal or the Appeal Tribunal under this Section;
(b) "disputing Parties" means the Claimant and the Respondent;
(c) "claimant of a Party" means:
(i) an investor of a Party, as referred to in subparagraph 1(b) of Article 2.1 (Scope), acting on its own behalf; or
(ii) an investor of a Party, as referred to in subparagraph 1(b) of Article 2.1 (Scope), acting on behalf of a locally established company owned or controlled by that investor; for greater certainty, a claim submitted under this subparagraph shall be deemed to relate to a dispute between a Contracting State and a national of another Contracting State for the purposes of Article 25(1) of the ICSID Convention;
(d) "ICSID Convention" means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, done at Washington on 18 March 1965;
(e) "non-disputing Party" means Viet Nam when the respondent is the Union or a Member State of the Union, or the Union when Viet Nam is the respondent;
(f) "respondent" means either Viet Nam or, in the case of the EU Party, either the Union or the Member State concerned pursuant to Article 3.32 (Notice of Intent to Submit a Claim);
(g) "locally established company" means a juridical person, established in the territory of a Party, and owned and controlled by an investor of the other Party;
(h) "New York Convention of 1958" means the Convention for the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958;
(i) "third party funding" means any funding provided by a natural or juridical person who is not a party to the dispute but who enters into an agreement with a disputing party in order to finance part or all of the cost of the proceedings in return for a remuneration dependent on the outcome of the dispute, or any funding provided by a natural or juridical person who is not a party to the dispute in the form of a donation or grant;
(j) "UNCITRAL" means the United Nations Commission on International Trade Law; and
(k) "UNCITRAL Transparency Rules" means the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration.
Subsection 2. ALTERNATIVE DISPUTE RESOLUTION AND CONSULTATIONS
Article 3.29. Amicable Resolution
Any dispute should as far as possible be settled amicably through negotiations or mediation and, where possible, before the submission of a request for consultations pursuant to Article 3.30 (Consultations). Such settlement may be agreed at any time, including after the commencement of proceedings under this Section.
Article 3.30. Consultations
1. Where a dispute cannot be resolved amicably as provided for in Article 3.29 (Amicable Resolution), a claimant of one Party alleging a breach of the provisions referred to in paragraph 1 of Article 3.27 (Scope) shall submit a request for consultations to the other Party. The request shall contain the following information:
(a) the name and address of the claimant and, where such request is submitted on behalf of a locally established company, the name, address and place of incorporation of the locally established company;
(b) the provisions referred to in paragraph 1 of Article 3.27 (Scope) alleged to have been breached;
(c) the legal and factual basis of the claim, including the measures alleged to breach the provisions referred to in paragraph 1 of Article 3.27 (Scope);
(d) the relief sought and the estimated amount of damages claimed; and
(e) evidence establishing that the claimant is an investor of the other Party and that it owns or controls the covered investment including the locally established company where applicable, in respect of which a request for consultations was submitted.
When a request for consultations is submitted by more than one claimant, or on behalf of more than one locally established company, the information in subparagraphs 1(a) and 1(e) shall be submitted for each claimant or locally established company, as the case may be.
2. A request for consultations shall be submitted within:
(a) three years of the date on which the claimant or, as applicable, the locally established company, first acquired, or should have first acquired, knowledge of the measure alleged to be in breach of the provisions of Chapter 2 (investment Protection) and knowledge that thereby loss and damages incurred to:
(i) the claimant, for claims brought by an investor acting on its own behalf; or
(ii) the locally established company, for claims brought by an investor acting on behalf of a locally established company; or
(b) two years of the date on which the claimant or, as applicable, the locally established company, ceases to pursue claims or proceedings before a tribunal or court under domestic law and, in any event, no later than seven years after the date on which the claimant first acquired, or should have first acquired knowledge of the measure alleged to be in breach of the provisions of Chapter 2 (Investment Protection) and knowledge that thereby loss and damage incurred to:
(i) the claimant, for claims brought by an investor acting on its own behalf; or
(ii) the locally established company, for claims brought by an investor acting on behalf of a locally established company. (1)
3. Unless the disputing parties agree otherwise, the place of consultation shall be:
(a) Ha Noi where the consultations concern measures of Viet Nam;
(b) Brussels where the consultations concern measures of the Union; or
(c) the capital of the Member State of the Union concerned, where the request for consultations concerns exclusively measures of that Member State.
Consultations may also take place by videoconference or other means, particularly if a small or medium-sized enterprise is involved.
4. Unless the disputing parties agree to a longer period, consultations shall be held within 60 days of the submission of the request for consultations.
5. In the event that the claimant has not submitted a claim pursuant to Article 3.33 (Submission of a Claim) within 18 months of submitting the request for consultations, the claimant shall be deemed to have withdrawn from proceedings under this Section and may not submit a claim under this Section. This period may be extended by agreement between the parties involved in the consultations.
6. The time limits set out in paragraphs 2 and 5 shall not render claims inadmissible where the claimant can demonstrate that the failure to request consultations or submit a claim is due to the claimant's inability to act as a result of actions deliberately taken by the Party concerned, provided that the claimant acts as soon as reasonably possible after it has become able to act.
7. In case that the request for consultations concerns an alleged breach of the agreement by the Union, or by a Member State of the Union, it shall be sent to the Union. If measures of a Member State of the Union are identified, it shall also be sent to the Member State concerned.
Article 3.31. Mediation
1. The disputing parties may at any time agree to have recourse to mediation.
2. Recourse to mediation is voluntary and without prejudice to the legal position of either disputing party.
3. Recourse to mediation may be governed by the rules set out in Annex 10 (Mediation Mechanism for Disputes between Investors and Parties). Any time limit mentioned in Annex 10 (Mediation Mechanism for Disputes between Investors and Parties) may be modified by mutual agreement between the disputing parties.
4. The mediator is appointed by agreement of the disputing parties. Such appointment may include appointing a mediator from among the Members of the Tribunal appointed pursuant to Article 3.38 (Tribunal) or the Members of the Appeal Tribunal appointed pursuant to Article 3.39 (Appeal Tribunal). The disputing parties may also request the President of the Tribunal to appoint a mediator from among the Members of the Tribunal who are neither nationals of a Member State of the Union nor of Viet Nam.
5. Once the disputing parties agree to have recourse to mediation, the time limits set out in paragraphs 2 and 5 of Article 3.30 (Consultations), paragraph 6 of Article 3.53 (Provisional Award) and paragraph 5 of Article 3.54 (Appeal Procedure) shall be suspended between the date on which it was agreed to have recourse to mediation and the date on which either party to the dispute decides to terminate the mediation, by way of a letter to the mediator and the other disputing party. Upon request of both disputing parties, if a division of the Tribunal has been established pursuant to Article 3.38 (Tribunal), the division shall stay its proceedings until the date on which either party to the dispute decides to terminate the mediation, by way of a letter to the mediator and the other disputing party.
Subsection 3. SUBMISSION OF a CLAIM AND CONDITIONS PRECEDENT
Article 3.32. Notice of Intent to Submit a Claim
1. If the dispute cannot be settled within 90 days of the submission of the request for consultations, the claimant may deliver a notice of intent which shall specify, in writing, the claimant's intention to submit the claim to dispute settlement under this Section and contain the following information:
(a) the name and address of the claimant and, where such request is submitted on behalf of a locally established company, the name, address and place of incorporation of the locally established company;
(b) the provisions referred to in paragraph 1 of Article 3.27 (Scope) that are alleged to have been breached;
(c) the legal and factual basis of the claim, including the measures that are alleged to breach the provisions referred to in paragraph 1 of Article 3.27 (Scope); and
(d) the relief sought and the estimated amount of damages claimed.
The notice of intent shall be sent to the Union or to Viet Nam, as the case may be. When a measure of a Member State of the Union is identified, it shall also be sent to the Member State concerned.
2. When a notice of intent has been sent to the Union, the Union shall make a determination of the respondent and, after having made such a determination, it shall inform the claimant within 60 days of the receipt of the notice of intent as to whether the Union or a Member State of the Union shall be the respondent.
3. In case the claimant has not been informed of the determination of the respondent within 60 days of the receipt of the notice of intent:
(a) if the measures identified in the notice are exclusively measures of a Member State of the Union, that Member State shall be the respondent; or
(b) if the measures identified in the notice include measures of the Union, the Union shall be the respondent.
4. The claimant may submit a claim pursuant to Article 3.33 (Submission of a Claim) on the basis of the determination referred to in paragraph 2, or, if no such determination has been communicated to the claimant within the timeframe provided for in paragraph 2, in accordance with paragraph 3.
5. Where either the Union or its Member State is the respondent following a determination made pursuant to paragraph 2, neither the Union nor the Member State concerned may assert the inadmissibility of the claim, lack of jurisdiction of the Tribunal or otherwise assert that the claim or award is unfounded or invalid on the grounds that the proper respondent should be the Union rather than the Member State or vice versa.
6. The Tribunal and the Appeal Tribunal shall be bound by the determination made pursuant to paragraph 2.
7. Nothing in this Agreement or the applicable rules on dispute settlement shall prevent the exchange of all information relating to a dispute between the Union and the Member State concerned.
Article 3.33. Submission of a Claim
1. If the dispute cannot be settled within six months of the submission of the request for consultations and at least three months have elapsed from the submission of the notice of intent to submit a claim pursuant to Article 3.32 (Notice of Intent to Submit a Claim), the claimant, provided that it satisfies the requirements set out in Article 3.35 (Procedural and Other Requirements for the Submission of a Claim), may submit a claim to the Tribunal established pursuant to Article 3.38.
2. A claim may be submitted to the Tribunal under one of the following sets of rules on dispute settlement:
(a) the ICSID Convention;
(b) the Rules on the Additional Facility for the Administration of Proceedings (hereinafter referred to as the "ICSID Additional Facility Rules") by the Secretariat of the International Centre for Settlement of Investment Disputes (hereinafter referred to "Secretariat of ICSID"), where the conditions for proceedings pursuant to subparagraph (a) do not apply;
(c) the arbitration rules of UNCITRAL,; or
(d) any other rules by agreement of the disputing parties. In the event that the claimant proposes a specific set of dispute settlement rules and if, within 30 days of receipt of the proposal, the disputing parties have not agreed in writing on such rules, or the respondent has not replied to the claimant, the claimant may submit a claim under the rules provided for in subparagraphs (a), (b) of (c).
3. All the claims identified by the claimant in the submission of its claim pursuant to this Article must be based on measures identified in its request for consultations pursuant to subparagraph 1(c) of Article 3.30 (Consultations).
4. The rules on dispute settlement referred to in paragraph 2 shall apply subject to the rules set out in this Section, as supplemented by any rules adopted by the Committee, by the Tribunal or by the Appeal Tribunal.
5. A claim shall be deemed submitted under this Article when the claimant has initiated proceedings under the applicable rules on dispute settlement.
6. Claims submitted in the name of a class composed of a number of unidentified claimants, or submitted by a representative intending to conduct the proceedings in the interests of a number of identified or unidentified claimants that delegate all decisions relating to the proceedings on their behalf, shall not be admissible.
Article 3.34. Other Claims
1. Aclaimant shall not submit a claim to the Tribunal if the claimant has a pending claim before any other domestic or international court or tribunal concerning the same measure as that alleged to be inconsistent with the provisions referred to in paragraph 1 of Article 3.27 (Scope) and the same loss or damage, unless the claimant withdraws such pending claim.
2. Acclaimant acting on its own behalf shall not submit a claim to the Tribunal if any person who, directly or indirectly, has an ownership interest in or is controlled by the claimant has a pending claim before the Tribunal or any other domestic or international court or tribunal concerning the same measure as that alleged to be inconsistent with the provisions referred to in paragraph 1 of Article 3.27 (Scope) and the same loss or damage, unless that person withdraws such pending claim.
3. Aclaimant acting on behalf of a locally established company shall not submit a claim to the Tribunal if any person who, directly or indirectly, has an ownership interest in or is controlled by the locally established company has a pending claim before the Tribunal or any other domestic or international court or tribunal concerning the same measure as that alleged to be in breach of the provisions of Chapter 2 (Investment Protection) and the same loss or damage, unless that person withdraws such pending claim.
4. Before submitting a claim, the claimant shall provide:
(a) evidence that it and, where relevant pursuant to paragraphs 2 and 3, any person who, directly or indirectly, has an ownership interest in or is controlled by the claimant or the locally established company, has withdrawn any pending claim referred to in paragraphs 1, 2 or 3; and
(b) a waiver of its right, and where applicable, of the locally established company's right, to initiate any claim referred to in paragraph 1. 5. This Article applies in conjunction with Annex 12 (Concurring Proceedings). 6. The waiver provided pursuant to subparagraph 4(b) shall cease to apply where the claim is rejected on the basis of a failure to meet the nationality requirements to bring an action under this Agreement.
7. Paragraphs 1 to 4, including Annex 12 (Concurring Proceedings), do not apply when claims submitted to a domestic court or tribunal are initiated for the sole purpose of seeking interim injunctive or declaratory relief and do not involve the payment of monetary damages.
8. When claims are brought both pursuant to this Section and Section A (Resolution of Disputes between the Parties), or both pursuant to this Section and another international agreement concerning the same treatment as that alleged to be inconsistent with the provisions of Chapter 2 (Investment Protection), a division of the Tribunal constituted under this Section shall, as soon as possible after hearing the disputing parties, take into account proceedings pursuant to Section A (Resolution of Disputes between the Parties) or to another international agreement in its decision, order or award. To that end, it may also, if it considers necessary, stay its proceedings. In acting pursuant to this provision, the Tribunal shall respect paragraph 6 of Article 3.53 (Provisional Award)
Article 3.35. Procedural and other Requirements for the Submission of a Claim
1. Acclaim may be submitted to the Tribunal under this Section only if:
(a) the submission of the claim is accompanied by the claimant's consent in writing to the settlement of the dispute by the Tribunal in accordance with the procedures set out in this Section and the claimant's designation of one of the set of rules on dispute settlement referred to in paragraph 2 of Article 3.33 (Submission of a Claim) as the applicable dispute settlement rules;
(b) at least six months have elapsed since the submission of the request for consultations under Article 3.30 (Consultations) and at least three months have elapsed since the submission of the notice of intent to submit a claim under Article 3.32 (Notice of Intent to Submit a Claim);
(c) the request for consultations and the notice of intent to submit a claim fulfil the requirements set out in paragraphs 1 and 2 of Article 3.30 (Consultations), and paragraph 1 of Article 3.32 (Notice of Intent to Submit a Claim), respectively;
(d) the legal and factual basis of the dispute was subject to prior consultations pursuant to Article 3.30 (Consultations);
(e) all the claims identified in the submission of the claim to the Tribunal made pursuant to Article 3.33 (Submission of a Claim) are based on the measure or measures identified in the notice of intent to submit a claim made pursuant to Article 3.32 (Notice of Intent to Submit a Claim); and
(f) the conditions set out in Article 3.34 (Other Claims) are fulfilled.
2. This Article is without prejudice to other jurisdictional requirements arising from the relevant dispute settlement rules.
Article 3.36. Consent
1. The respondent consents to the submission of a claim under this Section.
2. The claimant shall deliver its consent in accordance with the procedures provided for in this Section at the time of submitting a claim pursuant to Article 3.33 (Submission of a Claim).
3. The consent under paragraphs 1 and 2 requires that:
(a) the disputing parties shall refrain from enforcing an award rendered pursuant to this Section before such award has become final pursuant to Article 3.55 (Final Award); and
(b) the disputing parties shall refrain from seeking to appeal, review, set aside, annul, revise or initiate any other similar procedure before an international or domestic court or tribunal, as regards an award pursuant to this Section. (1)
4. The consent under paragraphs 1 and 2 shall be deemed to satisfy the requirements of:
(a) Article 25 of the ICSID Convention and the ICSID Additional Facility Rules for written consent of the disputing parties; and
(b) Article II of the New York Convention of 1958 for an agreement in writing
Article 3.37. Third-Party Funding
1. Incase of third-party funding, the disputing party benefiting from it shall notify the other disputing party and the division of the Tribunal, or where the division of the Tribunal is not established, the President of the Tribunal the existence and nature of the funding arrangement, and the name and address of the third party funder.
2. Such notification shall be made at the time of submission of a claim, or, when the financing agreement is concluded or the donation or grant is made after the submission of a claim, without delay as soon as the agreement is concluded or the donation or grant is made.
3. When applying Article 3.48 (Security for Costs), the Tribunal shall take into account whether there is third-party funding. When deciding on the cost of proceedings pursuant to paragraph 4 of Article 3.53 (Provisional Award), the Tribunal shall take into account whether the requirements provided for in paragraphs 1 and 2 of this Article have been respected.
Subsection 4. INVESTMENT TRIBUNAL SYSTEM
Article 3.38. Tribunal
1. A Tribunal is hereby established to hear claims submitted pursuant to Article 3.33 (Submission of a Claim).
2. Pursuant to subparagraph 5(a) of Article 4.1 (Committee), the Committee shall, upon the entry into force of this Agreement, appoint nine Members of the Tribunal. Three of the Members shall be nationals of a Member State of the Union, three shall be nationals of Viet Nam and three shall be nationals of third countries. (1)
3. The Committee may decide to increase or decrease the number of the Members of the Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2.
4. The Members of the Tribunal shall possess the qualifications required in their respective countries for appointment to judicial offices or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise, in particular, in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements.
5. The Members of the Tribunal shall be appointed for a four-year term, renewable once. However, the terms of five of the nine persons appointed immediately after the date of entry into force of this Agreement, to be determined by lot, shall extend to six years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor's term. A person who is serving on a division of the Tribunal when his or her term expires may, with the authorisation of the President of the Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Tribunal.
6. The Tribunal shall hear cases in divisions consisting of three Members, of whom one shall be a national of a Member State of the Union, one a national of Viet Nam and one a national of a third country. The division shall be chaired by the Member who is a national of a third country.
7. Within 90 days of the submission of a claim pursuant to Article 3.33 (Submission of a Claim), the President of the Tribunal shall appoint the Members composing the division of the Tribunal hearing the case on a rotation basis, ensuring that the composition of the divisions is random and unpredictable, while giving equal opportunity to all Members to serve.
8. The President and Vice-President of the Tribunal shall be responsible for organisational issues and will be appointed for a two-year term and shall be drawn by lot from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the co- chairs of the Committee or their respective delegates. The Vice-President shall replace the President when the President is unavailable.
9. Notwithstanding paragraph 6, the disputing parties may agree that a case be heard by a sole Member who is a national of a third country, to be selected by the President of the Tribunal. The respondent shall give sympathetic consideration to such a request from the claimant, in particular where the claimant is a small or medium-sized enterprise or the compensation or damages claimed are relatively low. Such a request should be made at the same time as the filing of the claim pursuant to Article 3.33 (Submission of a Claim).
10. The Tribunal may draw up its own working procedures. The working procedures shall be compatible with the applicable dispute settlement rules and this Section. If the Tribunal decides to do so, the President of the Tribunal shall draw up draft working procedures in consultation with the other Members of the Tribunal and present the draft working procedures to the Committee The draft working procedures shall be adopted by the Committee. If the draft working procedures are not adopted by the Committee within three months of their presentation, the President of the Tribunal shall make the necessary revision to the draft working procedures, taking into consideration the views expressed by the Parties. The President of the Tribunal shall subsequently present the revised draft working procedures to the Committee. The revised draft working procedures shall be considered adopted unless the Committee decides to reject the revised draft working procedures within three months of their presentation.
11. When a procedural question arises that is not covered by this Section, by any supplementing tules adopted by the Committee or by the working procedures adopted pursuant to paragraph 10, the relevant division of the Tribunal may adopt an appropriate procedure that is compatible with those provisions.
12. A division of the Tribunal shall make every effort to take any decision by consensus. In case that a decision cannot be reached by consensus, the division of the Tribunal shall render its decision by a majority of votes of all its Members. Opinions expressed by individual Members of a division of the Tribunal shall be anonymous.
13. The Members shall be available at all times and at short notice, and shall stay abreast of dispute settlement activities under this Agreement.
14. In order to ensure their availability, the Members shall be paid a monthly retainer fee to be fixed by decision of the Committee. In addition, the President of the Tribunal and the Vice-President, where applicable, shall receive a daily fee equivalent to the fee determined pursuant to paragraph 16 of Article 3.39 (Appeal Tribunal) for each day worked in fulfilling the functions of President of the Tribunal pursuant to this Section.
15. The retainer fee and the daily fee referred to in paragraph 14 shall be paid by both Parties taking into account their respective level of development into an account managed by the Secretariat of ICSID. In the event that one Party fails to pay the retainer fee or the daily fee, the other Party may elect to pay instead. Any such arrears will remain payable, with appropriate interests.
16. Unless the Committee adopts a decision pursuant to paragraph 17, the amount of the other fees and expenses of the Members of a division of the Tribunal shall be those determined pursuant to Regulation 14(1) of the Administrative and Financial Regulations of the ICSID Convention in force on the date of the submission of the claim and allocated by the Tribunal among the disputing parties in accordance with paragraph 4 of Article 3.53 (Provisional Award).
17. Upon a decision by the Committee, the retainer fee, the daily fee and the other fees and expenses may be permanently transformed into a regular salary. In such a case, the Members of the Tribunal shall serve on a full-time basis and they shall not be permitted to engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the President of the Tribunal. The Committee shall fix their remuneration and related organisational matters.
18. The Secretariat of ICSID shall act as Secretariat for the Tribunal and provide it with appropriate support. The expenses for such support shall be allocated by the Tribunal among the disputing parties in accordance with paragraph 4 of Article 3.53 (Provisional Award).