14. The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel and shall not be delegated.
15. Where a procedural question arises that is not addressed by Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement and its annexes, the arbitration panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those provisions.
16. When the arbitration panel considers that there is a need to modify any of the time-limits for its proceedings other than the time-limits set out in Chapter 14 (Dispute Settlement) of Title [V (Trade and Trade-related Matters) of this Agreement or to make any other procedural or administrative adjustment, it shall inform the Parties to the dispute in writing of the reasons for the change or the adjustment and of the period of time or adjustment needed.
Replacement
17. If in an arbitration proceeding an arbitrator is unable to participate, withdraws, or must be replaced because of non- compliance with the requirements of the Code of Conduct, a replacement shall be selected in accordance with Article 241 of this Agreement and Rule 8 of these Rules.
18. Where a Party to the dispute considers that an arbitrator does not comply with the requirements of the Code of Conduct and for this reason should be replaced, that Party shall notify the other Party to the dispute within 15 days from the time at which it obtained evidence of the circumstances underlying the arbitrator's material violation of the Code of Conduct.
19. Where a Party to the dispute considers that an arbitrator other than the chairperson does not comply with the requirements of the Code of Conduct, the Parties to the dispute shall consult and, if they so agree, select a new arbitrator in accordance with Article 241 of this Agreement and Rule 8 of these Rules.
If the Parties to the dispute fail to agree on the need to replace an arbitrator, any Party to the dispute may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final.
If, pursuant to such a request, the chairperson finds that an arbitrator does not comply with the requirements of the Code of Conduct, the new arbitrator shall be selected in accordance with Article 241 of this Agreement and Rule 8 of these Rules.
20. Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, select a new chairperson in accordance with Article 241 of this Agreement and Rule 8 of these Rules.
If the Parties fail to agree on the need to replace the chairperson, any Party may request that such matter be referred to one of the remaining members of the pool of individuals from the sub-list of chairpersons established under paragraph 1 of Article 259 of this Agreement. Within five days from the request, his/her name shall be drawn by lot in accordance with Rule 8 of these Rules. The decision by the selected person on the need to replace the chairperson shall be final.
If the selected person decides that the original chairperson does not comply with the requirements of the Code of Conduct, he/she shall select a new chairperson by lot among the remaining pool of individuals from the sub-list of chairpersons referred to under paragraph 1 of Article 259 of this Agreement. The selection of the new chairperson shall be carried out within five days of the date of the decision by the selected person that the original chairperson does not comply with the requirements of the Code of Conduct.
21. The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided for in Rules 18, 19 and 20 of these Rules.
Hearings
22. The chairperson of the arbitration panel shall fix the date and the time of the hearing in consultation with the Parties to the dispute and the other arbitrators, and shall confirm this in writing to the Parties to the dispute. This information shall also be made publicly available by the Party in charge of the logistical administration of the proceedings, unless the hearing is closed to the public. Unless a Party disagrees, the arbitration panel may decide not to convene a hearing.
The hearing shall be open to the public, unless it must be partially or fully closed in order to ensure the confidentiality of confidential information. In addition, the Parties may, by mutual agreement, decide that the hearing be partially or fully closed to the public on the basis of other objective considerations.
23. Unless the Parties agree otherwise, the hearing shall be held in London, if the complaining Party is Georgia and in Tbilisi, if the complaining Party is the United Kingdom.
24. The arbitration panel may convene additional hearings, if the Parties so agree.
25. All arbitrators shall be present during the entirety of any hearings.
26. The following persons may attend the hearing, irrespective of whether the proceedings are open to the public or not:
(a) representatives of the Parties to the dispute;
(b) advisers to the Parties to the dispute;
(c) administrative staff, interpreters, translators and court reporters and
(d) arbitrators' assistants.
Only the representatives and advisers of the Parties to the dispute may address the arbitration panel.
27. No later than five days before the date of a hearing, each Party to the dispute shall deliver to the arbitration panel a list of the names of individuals 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.
28. 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:
Argument
(a) argument of the complaining Party
(b) counter-argument of the Party complained against
Rebuttal Argument
(a) argument of the complaining Party
(b) counter-argument of the Party complained against 29. The arbitration panel may direct questions to either Party to the dispute at any time during the hearing.
30. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the Parties to the dispute. The Parties to the dispute may comment on the transcript and the arbitration panel may consider those comments.
31. Each Party to the dispute may deliver a supplementary written submission concerming any matter that arose during the hearing within ten days of the date of the hearing.
Questions in writing
32. The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties to the dispute. Each of the Parties to the dispute shall receive a copy of any questions put by the arbitration panel.
33. A Party to the dispute shall also provide a copy of its written response to the arbitration panel's questions to the other Party to the dispute. Each Party to the dispute shall be given the opportunity to provide written comments on the other Party's reply within five days of the date of receipt of such reply.
Confidentiality
34. Each Party to the dispute and its advisers shall treat as confidential any information submitted by the other Party to the dispute to the arbitration panel which that Party has designated as confidential A Party may, for example, designate information as confidential as a result of domestic legislation. Where a Party to the dispute submits a confidential version of its written submissions to the arbitration panel, it shall also, upon request of the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. That Party shall provide the non-confidential summary no later than 15 days after the date of either the request or the submission, whichever is later and an explanation why the non-disclosed information is confidential. Nothing in these Rules shall preclude a Party to the dispute 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. The arbitration panel shall meet in closed session when the submission and the arguments of a Party contain confidential information. The Parties to the dispute and their advisers shall maintain the confidentiality of the arbitration panel hearings where the hearings are held in closed session.
Ex parte contacts
35. The arbitration panel shall not meet or communicate with a Party in the absence of the other Party.
36. No arbitrator may discuss any aspect of the subject matter of the proceedings with one Party or both Parties to the dispute in the absence of the other arbitrators.
Amicus curiae submissions
37. Unless the Parties agree otherwise within three days of the date of the establishment of the arbitration panel, the arbitration panel may receive unsolicited written submissions from natural or legal persons established in the territory of a Party to the dispute who are independent from the governments of the Parties to the dispute, provided that they are made within ten days of the date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 pages typed at double space and that they are directly relevant to a factual or a legal issue under consideration. by the arbitration panel.
38. The submission shall contain a description of the person making the submission, whether natural or legal, including its nationality or place of establishment, the nature of its activities, its legal status, general objectives and the source of its financing, and specify the nature of the interest that the person has in the arbitration proceeding. It shall be drafted in the languages chosen by the Parties to the dispute in accordance with Rules 41 and 42 of these Rules.
39. The arbitration panel shall list in its ruling all the submissions it has received that conform to Rules 37 and 38 of these Rules. The arbitration panel shall not be obliged to address in its ruling the arguments made in such submissions. Any such submission shall be notified by the arbitration panel to the Parties to the dispute for their comments. The comments of the Parties to the dispute shall be submitted within ten days from the notification of the arbitration panel and any such comments shall be taken into consideration by the arbitration panel.
Urgent cases
40. In cases of urgency referred to in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement, the arbitration panel, after consulting the Parties, shall adjust the time-limits referred to in these Rules as appropriate and shall notify the Parties of such adjustments.
Translation and interpretation
41. During the consultations referred to in Article 238 of this Agreement, and no later than the meeting referred to in Rule 8(e) of these Rules, the Parties to the dispute shall endeavour to agree on a common working language for the proceedings before the arbitration panel.
42. If the Parties to the dispute are unable to agree on a common working language, each Party shall make its written submissions in its chosen language. Such Party shall provide at the same time a translation in the language chosen by the other Party, unless its submissions are written in English. The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by the Parties to the dispute.
43. Arbitration panel rulings shall be notified in the language or languages chosen by the Parties to the dispute.
44. Any Party to the dispute may provide comments on the accuracy of the translation of any translated version of a document drawn up in accordance with these Rules.
45. Each Party shall bear the costs of the translation of its written submissions. Any costs incurred for translation of an arbitration ruling shall be borne equally by the Parties to the dispute.
Other procedures
46. These Rules are also applicable to procedures established under Article 238, Article 247(2), Article 248(2), Article 249(2), and Article 251(2) of this Agreement. However, the time-limits laid down in these Rules shall be adjusted by the arbitration panel in line with the special time-limits provided for the adoption of a ruling by the arbitration panel in those other procedures.
Annex XVII. CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS
Definitions
1. In this Code of Conduct:
(a) "arbitrator" means a member of an arbitration panel established under Article 241 of this Agreement;
(b) "candidate" means an individual whose name is on the list of arbitrators referred to in Article 259 of this Agreement and who is under consideration for selection as an arbitrator under Article 241 of this Agreement;
(c) "assistant" means a person who, under the terms of appointment of an arbitrator, conducts, researches or provides assistance to the arbitrator;
(d) "proceeding", unless otherwise specified, means an arbitration panel proceeding under Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement;
(e) "staff", in respect of an arbitrator, means persons under the direction and control of the member, other than assistants;
(f) "mediator" means a person who conducts a mediation procedure in accordance with Annex XV to this Agreement.
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. Former arbitrators must comply with the obligations established in Rules 15, 16, 17 and 18 of this Code of Conduct.
Disclosure obligations
3. Prior to confirmation of his/her selection as an arbitrator under Chapter 14 (Dispute Settlement) of Title [V (Trade and Trade-related Matters) of this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect his/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. A candidate or an arbitrator shall communicate matters concerning actual or potential violations of this Code of Conduct only to the Strategic Partnership and Cooperation Forum in Trade configuration as set out in Article 354(3) of this Agreement for consideration by the Parties.
5. Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in Rule 3 of this Code of Conduct 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. The arbitrator shall disclose such interests, relationships or matters by informing the Strategic Partnership and Cooperation Forum in Trade configuration in writing, for consideration by the Parties.
Duties of arbitrators
6. Upon confirmation of his/her selection, an arbitrator shall be available to perform and shall perform his/her duties thoroughly and expeditiously throughout the proceeding, and with fairness and diligence.
7. An arbitrator shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate that duty to any other person.
8. An arbitrator shall take all appropriate steps to ensure that his/her assistant and staff are aware of, and comply with, Rules 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.
9. An arbitrator shall not engage in ex parte contacts concerning the proceeding.
Independence and impartiality of arbitrators
10. 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 and loyalty to a Party or fear of criticism.
11. 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/her duties.
12. An arbitrator shall not use his/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/her.
13. An arbitrator shall not allow financial, business, professional, personal, or social relationships or responsibilities to influence his/her conduct or judgement.
14. An arbitrator shall avoid entering into any relationship or acquiring any financial interest that is likely to affect his/her impartiality or that might reasonably create an appearance of impropriety or bias.
Obligations of former arbitrators
15. All former arbitrators shall avoid actions that may create the appearance that they were biased in carrying out their duties or derived advantage from the decision or ruling of the arbitration panel.
Confidentiality
16. No arbitrator or former arbitrator shall 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 any case, disclose or use any such information to gain personal advantage or advantage for others or to adversely affect the interest of others.
17. An arbitrator shall not disclose an arbitration panel ruling or parts thereof prior to its publication in accordance with Chapter 14 (Dispute Settlement) of Title [V (Trade and Trade-related Matters) of this Agreement.
18. An arbitrator or a former arbitrator shall not disclose the deliberations of an arbitration panel, or any arbitrator's view at any time.
Expenses
19. Each arbitrator shall keep a record and render a final account of the time devoted to the procedure and of his/her expenses, as well as the time and expenses of his/her assistant and staff.
Mediators
20. The disciplines described in this Code of Conduct as applying to arbitrators or former arbitrators shall apply, mutatis mutandis, to mediators.