Each Party shall bear the cost of its appointed arbitrator and its own expenses and legal costs. The cost of the chairperson of an arbitration panel and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares.
Article 6.19. Time Limits
1. All time limits laid down in this Chapter shall be counted in calendar days, the first day being the day following the act or fact to which they refer, unless otherwise specified.
2. Any time limit referred to in this Chapter may be modified by mutual agreement of the Parties.
ANNEX 6-1. RULES OF PROCEDURE FOR ARBITRATION
General provisions
1. The definitions in Chapter 6 (Dispute Settlement) shall apply to this Annex. In addition, for the purposes of this Annex and Annex 6 - 2 (Code of Conduct for Arbitrators):
(a) "adviser" means a person retained by a Party to advise or assist that Party in connection with the arbitration panel proceeding;
(b) "assistant" means a person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to the arbitrator;
(c) "candidate" means an individual who is under consideration for selection as an arbitrator under Article 6.8 (Composition and Establishment of the Arbitration Panel);
(d) "representative" means an employee or any person appointed by a government department, an agency or any other public entity of a Party who represents that Party for the purposes of a dispute under this Agreement;
(e) "staff", in respect of an arbitrator, means any person under the direction and control of the arbitrator, other than an assistant.
2. This Annex shall apply to dispute settlement proceedings under Chapter 6 (Dispute Settlement) unless the Parties agree otherwise.
3. The complaining Party shall be in charge of the logistical administration of dispute settlement proceedings, in particular the organisation of hearings, unless otherwise agreed.
Notifications
4. The Parties and the arbitration panel shall transmit simultaneously to the relevant parties any request, notice, written submission or other document by e-mail, with a paper copy submitted on the same day by facsimile transmission, registered post, courier, delivery against receipt or any other means of telecommunication that provides a record of the sending thereof. Unless proven otherwise, an e-mail message shall be deemed to be received on the same date of its sending.
5. All notifications shall be addressed to the relevant contact points of the Parties, as designated under Article 7.2 (Contact Points).
6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may, unless the other Party objects, be corrected by delivery, in accordance with Rules 4 and 5 of this Annex, of a new document clearly indicating the changes.
7. If the 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.
Commencing the arbitration
8. Unless the Parties agree otherwise, they shall meet the arbitration panel within seven (7) days of its establishment in order to determine such matters that the Parties or the arbitration panel deem appropriate, including the remuneration and expenses to be paid to the arbitrators. Arbitrators and representatives of the Parties may take part in this meeting via telephone or video conference.
Initial written submissions
9. The complaining Party shall deliver its written submission no later than twenty-one (21) days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written submission no later than twenty-one (21) days after the date of delivery of the complaining Party's written submission.
Working of arbitration panels
10. The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate to the chairperson authority to make administrative and procedural decisions.
11. Unless otherwise provided in Chapter 6 (Dispute Settlement), the arbitration panel may conduct its activities by any means, including telephone, facsimile transmissions or computer links.
12. Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration panel may permit its assistants to be present at its deliberations.
13. It shall be the exclusive responsibility of the arbitration panel to consider all issues raised during the proceedings and draft any decision, and this responsibility shall not be delegated.
14. Where a procedural question arises that is not covered by Chapter 6 (Dispute Settlement) or Annexes 6 -1 (Rules of Procedure for Arbitration) and 6 - 2 (Code of Conduct for Arbitrators), including in case of urgency, the arbitration panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those provisions.
15. When the arbitration panel considers that there is a need to modify any time limit or procedure covered by Chapter 6 (Dispute Settlement) or Annexes 6 - 1 (Rules of Procedure for Arbitration) and 6 - 2 (Code of Conduct for Arbitrators), it shall inform the Parties in writing of the reasons for the modification recommended. The Parties may mutually agree to modify any time limit or procedure.
Replacement of Arbitrators
16. If an arbitrator is unable to participate in the proceeding, withdraws, or must be replaced, a replacement shall be selected in accordance with Article 6.8 (Composition and Establishment of the Arbitration Panel).
17. Where a Party considers that an arbitrator does not comply with the requirements of paragraph 7 of Article 6.8 (Composition and Establishment of the Arbitration Panel) or Annex 6 - 2 (Code of Conduct for Arbitrators), and for this reason should be replaced, this Party should notify the other Party within fifteen (15) days from the time at which it came to know of the circumstances underlying the arbitrator's non-compliance.
18. Where a Party considers that an arbitrator other than the chairperson does not comply with the requirements of paragraph 7 of Article 6.8 (Composition and Establishment of the Arbitration Panel) or Annex 6 - 2 (Code of Conduct for Arbitrators), the Parties shall consult and, if they so agree, replace the arbitrator and select a replacement following the procedure set out in Article 6.8 (Composition and Establishment of the Arbitration Panel).
19. If the Parties fail to agree on the need to replace an arbitrator, any Party may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final.
20. Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of paragraph 7 of Article 6.8 (Composition and Establishment of the Arbitration Panel) or Annex 6 - 2 (Code of Conduct for Arbitrators), the Parties shall consult and, if they so agree, replace the chairperson and select a replacement following the procedure set out in Article 6.8 (Composition and Establishment of the Arbitration Panel).
21. If the Parties fail to agree on the need to replace the chairperson, such matter shall be referred to the Director-General of the WTO. The decision by the Director-General of the WTO on the need to replace the chairperson shall be final.
In the event that the Director-General of the WTO is a national of Kazakhstan or Singapore, the Deputy Director-General of the WTO or the officer next in In the event that the Director-General of the WTO is a national of Kazakhstan or Singapore, the Deputy Director-General of the WTO or the officer next in seniority who is not such a national shall be requested to make the necessary determination.
22. The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided in Rules 16 through 22 of this Annex.
Hearings
23. The chairperson shall fix the date and time of the hearing in consultation with the Parties and the other arbitrators, and confirm this in writing to the Parties. Unless a Party disagrees, the arbitration panel may decide not to convene a hearing.
24. Unless the Parties agree otherwise, the hearing shall be held in the territory of the complaining Party.
25. The arbitration panel may convene additional hearings if the Parties so agree.
26. All arbitrators shall be present during the entirety of any hearings.
27. The following persons may attend the hearing:
(a) representatives of the Parties;
(b) advisers to the Parties;
(c) administrative staff, interpreters, translators and court reporters; and
(d) arbitrators' assistants.
Only the representatives of and advisers to the Parties may address the arbitration panel.
28. No later than three (3) days before the date of a hearing, each Party shall deliver to the arbitration panel, and simultaneously to the other Party, a list of the names of persons who will make oral arguments or presentations at the hearing 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.
29. The arbitration 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.
30. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the Parties.
31. With the agreement of the arbitration panel, a Party may submit a supplementary written submission responding to any matter that arose during the hearing. The other Party shall also be given the opportunity to provide written comments on any such supplementary written submission.
Questions in writing
32. The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties. The Parties shall receive a copy of any questions put by the arbitration panel.
33. Each Party shall also provide a copy of its written response to the arbitration panel's questions to the arbitration panel and simultaneously to the other Party. Each Party shall be given the opportunity to provide written comments on the other Party's reply within seven (7) days of the date of receipt.
Confidentiality
34. The Parties and their advisers and representatives, all arbitrators, former arbitrators and their assistants and staff, and all attendees and experts at the arbitration panel hearings shall maintain the confidentiality of the hearings, the deliberations and interim panel report, and all written submissions to, and communications with, the arbitration panel. This includes any information submitted by a Party to the arbitration 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
35. The arbitration panel shall not meet, hear or otherwise contact a Party in the absence of the other Party.
36. No arbitrator may Discuss any aspect of the subject matter of the proceedings with a Party or the Parties in the absence of the other arbitrators.
Language and translation
37. All proceedings pursuant to Chapter 6 (Dispute Settlement) and all communications with, documents submitted to and reports issued by the arbitration panel shall be in the English language.
38. Each Party shall bear the responsibility of preparing English-language translations of any documents that it submits during the proceedings.
Calculation of time limits
39. Where, by reason of the application of Rule 7, 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.
Other procedures
40. This Annex is also applicable to procedures set out in paragraphs 3 and 6 of Article 6.12 (Implementation of the Arbitration Panel Report), paragraph 4 of Article 6.13 (Compensation and Suspension of Concessions or Other Obligations) and paragraph 1 of Article 6.14 (Compliance Review). The time limits laid down in this Annex shall be adjusted in line with the special time limits provided for the adoption of a ruling by the arbitration panel in those other procedures.
ANNEX 6-2. CODE OF CONDUCT FOR ARBITRATORS
Definitions
1. Unless otherwise specified, the definitions in Chapter 6 (Dispute Settlement) and Annex 6 -1 (Rules of Procedure for Arbitration) shall apply to this Annex.
Responsibilities to the process
2. Throughout the proceedings, every candidate and 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 mechanism is preserved. Arbitrators shall not take instructions from any organisation, individual or government with regard to matters before the arbitration panel.
Disclosure obligations
3. Prior to confirmation of his or her selection as an arbitrator under Chapter 6 (Dispute Settlement), 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.
4. Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 3 of this Annex and shall disclose them. The disclosure obligation is a continuing duty which requires an arbitrator to disclose any such interests, relationships or matters that may arise during any stage of the proceeding at the earliest time that the arbitrator becomes aware of it. The arbitrator shall disclose such interests, relationships or matters by informing the Parties, in writing, for their consideration.
5. 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 of this Annex, 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 arbitrator should err in favour of disclosure.
6. A candidate or arbitrator shall only communicate matters concerning actual or potential violations of this Annex to the Parties for their consideration.
Duties of arbitrators
7. An arbitrator shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence.
8. An arbitrator shall comply with the provisions of Chapter 6 (Dispute Settlement), Annex 6 - 1 (Rules of Procedure for Arbitration) and this Annex.
9. An arbitrator shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate this duty to any other person. An arbitrator shall not deny other arbitrators the opportunity to participate in all aspects of the proceeding.
10. An arbitrator shall take all appropriate steps to ensure that his or her assistants and staff are aware of, and comply with, paragraphs 2 through 6, 8, 11 and 17 through 20.
11. An arbitrator shall not engage in any ex parte contact concerning the proceeding.
Independence and impartiality of arbitrators
12. An arbitrator 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, public clamour, loyalty to a Party or fear of criticism.
13. 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 his or her duties.
14. An arbitrator shall not use his or her position on the arbitration 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. An arbitrator shall not allow past or ongoing financial, business, professional, family or social relationships or responsibilities to influence his or her conduct or judgement.
16. An arbitrator shall 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.
Confidentiality
17. 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 the purposes of that proceeding and shall not, in particular, disclose or use any such information to gain a personal advantage or obtain an advantage for others or to affect the interest of others.
18. An arbitrator shall not make any public statement regarding the merits of a pending panel proceeding.
19. An arbitrator shall not disclose an arbitration panel report or parts thereof prior to its issuance in accordance with Chapter 6 (Dispute Settlement).
20. An arbitrator or former arbitrator shall not at any time disclose the deliberations of an arbitration panel, or any arbitrator?s view regarding the deliberations, or which arbitrators are associated with majority or minority opinions in a proceeding.
Expenses
21. Each arbitrator shall keep a record and render a final account of the time devoted to the procedure and of his or her expenses, as well as the time and expenses of his or her assistants.
Obligations of former arbitrators
22. 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 any advantage from the decision of the arbitration panel.
Responsibilities of experts, assistants and staff
23. Paragraphs 2 through 6, 8, 11, 17 through 20 and 22 shall also apply to experts, assistants and staff.
Chapter 7. INSTITUTIONAL AND GENERAL PROVISIONS
Article 7.1. Joint Committee
1. The Parties hereby establish a Joint Committee comprising representatives of Kazakhstan and Singapore.
2. After the entry into force of this Agreement, the Joint Committee shall meet every two years in Singapore or Kazakhstan alternately, unless the Parties agree otherwise. The Joint Committee shall be co-chaired by Ministerial-level officials from each Party, or their delegated representatives. The Joint Committee shall set its own agenda.
3. In urgent cases, special meetings of the Joint Committee may also be held upon request in writing of one Party to the other and as mutually agreed by the Parties. Such meetings shall take place at the time and venue agreed by the Parties.
4. The Joint Committee shall:
(a) review the general functioning of this Agreement;
(b) supervise and facilitate the application of this Agreement, and further its general aims;
(c) supervise the work of all working groups and other bodies established under this Agreement;
(d) consider ways to further enhance trade relations between the Parties;
(e) seek to resolve any issues in connection with this Agreement; and
(f) consider any other matter related to this Agreement as the Parties may mutually agree.
5. The Joint Committee may:
(a) decide to establish or dissolve any working groups as it considers necessary to assist it in accomplishing its tasks;
(b) decide to communicate with all interested persons and experts where relevant to any matter falling within its responsibilities;
(c) review recommendations made by working groups;
(d) make recommendations to the Parties that it deems appropriate, including on any modification to this Agreement;
(e) adopt decisions or make recommendations as envisaged by this Agreement;
(f) adopt its own rules of procedure; and
(g) take any other action in the exercise of its functions as the Parties may agree.
6. The Joint Committee shall draw up its decisions and recommendations by consensus between the Parties. The Parties shall take the necessary measures to operationalise the decisions of the Joint Committee.
Article 7.2. Contact Points
Each Party shall designate a contact point, which shall be responsible generally for communications with the other Party and the Joint Committee, for any matters covered by this Agreement except as otherwise specifically set out in other provisions of this Agreement. Each Party shall designate its contact point in accordance with its internal procedures and notify the other Party on such designation within ninety (90) days from the date of entry into force of the Agreement. In the event of any change in a Party's contact point, that Party shall duly notify the other Party.
Article 7.3. Relationship with other Agreements
1. The Parties affirm their existing rights and obligations with respect to each other under existing bilateral and multilateral agreements to which both Parties are party, including the WTO Agreement.
2. In the event of any inconsistency between this Agreement and other agreements to which both Parties are party, the Parties shall immediately consult each other with a view to finding a mutually satisfactory solution, taking into consideration general principles of international law.
3. Notwithstanding paragraph 2, if this Agreement explicitly contains provisions dealing with such inconsistency as indicated in paragraph 2, those provisions shall apply.
4. For the purposes of this Agreement, any reference to articles in the GATS includes the interpretative notes, where applicable.
5. In the event of any inconsistency between this Agreement and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on the Promotion and Reciprocal Protection of Investments, signed on 21 November 2018, this Agreement shall prevail to the extent of the inconsistency.
Article 7.4. Evolving WTO Law
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with each other, via the Joint Committee, with a view to finding a mutually satisfactory solution, where necessary.
Article 7.5. Taxation
1. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.
2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax agreement to which both Parties are party. In the event of any inconsistency between this Agreement and any such agreement, that agreement shall prevail to the extent of the inconsistency. In the case of a bilateral tax agreement between the Parties, the competent authorities under that agreement shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that agreement.
3. Article 3.10 (Expropriation) and Section B (Investor-State Dispute Settlement) shall apply to taxation measures to the extent that such taxation measures constitute expropriation as provided for therein. (1)
An investor that seeks to invoke Article 3.10 (Expropriation) with respect to a taxation measure must first refer to the competent authorities described in paragraph 4, at the time that it gives notice under Article 3.15 (Institution of Arbitral Proceedings), the issue of whether that taxation measure involves an expropriation. If the competent authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of six months of such referral, the investor may submit its claim to arbitration under Article 3.15 (Institution of Arbitral Proceedings). For greater certainty, if the competent authorities agree, pursuant to this paragraph, that the measure is not an expropriation, the investor shall not invoke Article 3.10 (Expropriation) as a basis for a claim.
4. For the purposes of paragraph 3, "competent authorities" means:
(a) for Singapore, the Ministry of Finance;
(b) for Kazakhstan, the Ministry of Finance, or their successors.
5. For the purposes of this Article, "tax agreement" means an agreement for the avoidance of double taxation or other international taxation agreement or arrangement.