The arbitration panel shall interpret the provisions referred to in Article 18.2 (Scope) in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969 (hereinafter referred to as the "Vienna Convention")
ARTICLE 18.20
Expenses
The costs of arbitration shall be borne by the disputing parties in equal shares, unless otherwise agreed by the disputing parties. Each disputing party shall bear its own expenses and legal costs.
ARTICLE 18.21
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 disputing parties.
ANNEX 18-A . RULES OF PROCEDURE FOR ARBITRATION
General provisions
1. This Annex shall apply to dispute settlement proceedings under Chapter 18 (DisputeSettlement) unless the disputing parties agree otherwise.
Definitions
2. The definitions in Chapter 18 (Dispute Settlement) shall apply to this Annex. In addition, for the purposes of this Annex and Annex 18-B (Code of Conduct):
(a) "adviser" means a person retained by a Party to advise or assist that Party in connection with the arbitration panel proceeding;
(b) "arbitrator" means a member of an arbitration panel established pursuant to Article 18.9 (Composition and establishment of the arbitration panel);
(c) "assistant" means a person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to the arbitrator;
(d) "official legal holiday" means for any year, with regard to a disputing party, Saturday, Sunday and any other day officially designated by that disputing party as a public or legal holiday; and
(e) "representative" means an employee or any person appointed by a government department, an agency or any other public entity of a Party who represents the Party for the purposes of a dispute under this Agreement.
Logistics of proceedings
3. The responding 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 disputing 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 itssending.
5. A disputing party shall provide an electronic copy of each of its written submissions and rebuttals to each of the arbitrators and simultaneously to the other disputing party. A paper copy of the document shall also be provided.
6. All notifications shall be addressed to the representatives appointed by the disputing parties. If no representatives have been appointed, all notifications shall be addressed:
(a) Where MERCOSUR is a disputing party, to the Pro Tempore Presidency of MERCOSUR;
(b) Where a Signatory MERCOSUR State is a disputing party, to the national coordinator of the Common Market Group of that Signatory MERCOSUR State or its successor; and
(c) Where Singapore is a disputing party, to the Director of Emerging Markets Division, Ministry of Trade and Industry or its successor.
7. 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 disputing party objects, be corrected by delivery, in accordance with Rules 4 to 6, of a new document clearly indicating the changes.
8. If the last day for delivery of a document falls on an official legal holiday of the disputing party responsible for such delivery or the disputing party that is to receive the document, the disputing party responsible for such delivery may deliver the document in the next business day.
The disputing parties shall notify the arbitration panel their respective calendars of official legal holidays at the meeting of the arbitration panel with the disputing parties.
Commencing of the arbitration
9. Unless the disputing parties agree otherwise, they shall meet the arbitration panel within 7 (seven) days after its establishment in order to determine the matters that the disputing parties or the arbitration panel deem appropriate. Arbitrators and representatives of the disputing parties may take part in this meeting via telephone or video conference.
Initial written submissions
10. Unless the disputing parties agree otherwise, the complaining party shall deliver its written submission no later than 21 (twenty-one) days after the date of establishment of the arbitration panel. The responding party shall deliver its written submission no later than 21(twenty-one) days after the date of delivery of the complaining party's written submission.
Working of arbitration panels
11. 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. These decisions shall be notified to the other arbitrators and, if appropriate, to the disputing parties.
12. Unless otherwise provided for in Chapter 18 (Dispute Settlement), the arbitration panel may conduct its activities by any means, including telephone, facsimile transmissions or computer links.
13. 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.
14. 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.
15. Where a procedural question arises that is not covered by Chapter 18 (Dispute Settlement) or its Annexes, the arbitration panel, after consulting the disputing 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 time limit applicable to the proceedings or to make any other procedural or administrative adjustment, it shall inform the disputing parties in writing of the reasons for the change or adjustment and of the period or adjustment needed. The arbitration panel may adopt such change or adjustment after consulting the disputing parties. The arbitration panel shall not modify time limits of Article 18.9 (Composition and establishment of the arbitration panel).
Replacement of arbitrators
17. If an arbitrator is unable to participate in the proceeding, resigns, or must be replaced, a replacement shall be selected in accordance with Article 18.9 (Composition and establishment of the arbitration panel).
18. Where a disputing party considers that an arbitrator other than the chairperson does not comply with the requirements of Article 18.9(3) (Composition and establishment of the arbitration panel), or the Code of Conduct under Annex 18-B, and for this reason must be replaced, this disputing party shall notify the other disputing party within 15 (fifteen) days of the time at which it came to know of the circumstances underlying the arbitrator's non-compliance. The disputing parties shall consult and, if they so agree, replace the arbitrator and select a replacement following the procedure set out in Article 18.9.
19. If the disputing parties fail to agree on the need to replace an arbitrator other than the chairperson, any disputing party 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 did not comply with Article 18.9(3) (Composition and establishment of the arbitration panel) or the Code of Conduct, that arbitrator shall be replaced and a new arbitrator shall be appointed in the same manner as prescribed for the appointment of the original member, pursuant to Article 18.9.
20. Where a disputing party considers that the chairperson of the arbitration panel does not comply with the requirements of Article 18.9(3) (Composition and establishment of the arbitration panel) or the Code of Conduct, this disputing party shall notify the other disputing party within 15 (fifteen) days of the time at which it came to know of the circumstances underlying the chairperson's non-compliance. The disputing parties shall consult and, if they so agree, replace the chairperson and select a replacement following the procedure set out in Article 18.9.
21. If the disputing parties fail to agree on the need to replace the chairperson, any disputing party may request that such matter be referred to the other arbitrators, whose decision shall be final. If, pursuant to such a request, the other arbitrators find that the chairperson did not comply with the requirements of Article 18.9(3) (Composition and establishment of the arbitration panel) or the Code of Conduct, the chairperson shall be replaced and a new one shall be appointed in the samemanner pursuant to Article 18.9.
22. The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided for in Rules 17 to 21 of this Annex.
Hearings
23. The chairperson shall fix the date and time of the hearing in consultation with the disputing parties and the other arbitrators, and confirm this in writing to the disputing parties. Unless a disputing party disagrees, the arbitration panel may decide not to convene a hearing.
24. Unless the disputing parties agree otherwise, the hearing shall be held in the territory of the responding party.
25. The arbitration panel may convene additional hearings if the disputing parties so agree.
26. All arbitrators shall be present during the entirety of all hearings.
27. The following persons may attend a hearing:
(a) Representatives of the disputing parties;
(b) Advisers to the disputing parties;
(c) Administrative staff, interpreters, translators and court reporters; and
(d) Arbitrators' assistants.
28. Only the representatives of and advisers to the disputing parties may address the arbitration panel.
29. No later than 3 (three) days before the date of a hearing, each disputing party shall deliver to the arbitration panel, and simultaneously to the other disputing party, a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of the first mentioned disputing party and of its other representatives or advisers who will attend the hearing.
30. The arbitration panel shall ensure that the complaining party and the responding party are afforded equal time during the submissions and rebuttals. These stages shall be conducted in the following order:
(a) Submissions
(i) submission of the complaining party;
(ii) submission of the responding party; and
(b) Rebuttals
(i) rebuttal of the complaining party;
(ii) counter-rebuttal of the responding party.
31. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the disputing parties.
32. A disputing party may submit a supplementary written submission, with a copy to the other disputing party, responding to any matter that arose during the hearing, within 10 (ten) days after the date of the hearing. The other disputing party shall also be given the opportunity to providewritten comments on any such supplementary written submission.
Questions in writing
33. The arbitration panel may at any time during the proceedings address questions in writing toone or both disputing parties and set a reasonable time limit for the submission of their responses.
Each of the disputing parties shall receive a copy of any questions put by the arbitration panel.
34. Each disputing 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 disputing party. Each disputing party shall be given the opportunity to provide written comments on the other party's reply within 7(seven) days after the date of receipt.
Confidentiality
35. The disputing parties and their advisers and representatives, all arbitrators, former arbitrators and their assistants, 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 panel. This includes any information submitted by a disputing party to the arbitration panel which that disputing party has designated as confidential.
Nothing in this Annex shall preclude a disputing party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other disputing party, it does not disclose any information designated by the other disputing party as confidential.
Ex parte contacts
36. The arbitration panel shall not meet, hear, or otherwise contact a disputing party in the absence of the other disputing party.
37. Arbitrators shall not discuss any aspect of the subject matter of the proceedings with a disputing party or the disputing parties in the absence of the other arbitrators.
Urgent cases
38. In cases of urgency referred to in Chapter 18 (Dispute Settlement), the arbitration panel, after consulting the disputing parties, shall adjust the time limits referred to in this Annex as appropriate and shall notify the disputing parties of such adjustments.
Language and translation
39. All proceedings pursuant to Chapter 18 (Dispute Settlement) and all communications with, documents submitted to and reports issued by the arbitration panel shall be in the English language.
40. Each disputing party shall bear the responsibility of preparing English language translations of any documents that it submits during the proceedings.
Calculation of time limits
41. For the purpose of calculating a period of time, such period shall begin on the day following the day when any request, notice, written submission or other document is received by the addressee.
42. Where a disputing party receives a document on a date other than the date on which this document is received by the other disputing 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
43. This Annex is also applicable to procedures set out in Article 18.14 (Implementation of the final arbitral award), Article 18.15 (Compensation and suspension of concessions or other obligations), and Article 18.16 (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.
Final arbitral award
44. The arbitral award shall contain the following details, in addition to any other elements which the arbitration panel may consider appropriate for inclusion:
(a) Identification of the disputing parties;
(b) The name of each of the members of the arbitration panel and the date of its establishment;
(c) The terms of reference of the arbitration panel, including a description of the measure at issue;
(d) The arguments of each of the disputing parties;
(e) A description of the development of the arbitration procedure, including a summary of the actions taken;
(f) A description of the factual elements of the dispute;
(g) The decision reached in relation to the dispute, indicating the factual and legal grounds;
(h) The date of issue; and
(i) The signature of all members of the arbitration panel.
ANNEX 18-B . CODE OF CONDUCT
Definitions
1. The definitions in Chapter 18 (Dispute Settlement) and Annex 18-A (Rules of Procedure for Arbitration) shall apply to this Annex. In addition, for the purposes of this Annex:
(a) "candidate" means an individual who is under consideration for selection as an arbitrator under Article 18.9 (Composition and establishment of the arbitration panel);
(b) "proceeding", unless otherwise specified, means an arbitration panel proceeding under Chapter 18 (Dispute Settlement); and
(c) "staff", in respect of an arbitrator, means any person under the direction and control of the arbitrator, other than an assistant.
Responsibilities to the process
2. Throughout the proceeding, 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.
3. Former arbitrators shall comply with the obligations established in paragraphs 19, 22 and 24 of this Annex.
Disclosure obligations
4. Prior to confirmation of his or her selection as an arbitrator under Chapter 18 (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.
5. Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 4 of this Annex 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 the arbitrator becomes aware of it. The arbitrator shall disclose such interests, relationships or matters by informing the disputing parties, in writing, for their consideration.
6. Disclosure of an interest, relationship or matter is without prejudice as to whether that interest, relationship or matter is indeed covered by paragraphs 4 or 5, 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.
7. A candidate or an arbitrator shall only communicate matters concerning actual or potential violations of this Annex to the disputing parties for their consideration.
Duties of arbitrators
8. An arbitrator shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence.
9. An arbitrator shall comply with the provisions of Chapter 19 (Dispute Settlement) and its Annexes.
10. An arbitrator shall consider only those issues raised in the proceeding and necessary for the 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.
11. An arbitrator shall take all appropriate steps to ensure that his or her assistants and staff are aware of, and comply with, paragraphs 2 to 7, and 19 to 22 of this Annex.
12. An arbitrator shall not engage in any ex parte contact concerning the proceeding.
Independence and impartiality of arbitrators
13. 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.
14. Arbitrators shall not take instructions from any organisation, individual or government with regard to matters before a panel, or be affiliated to a Party.
15. An arbitrator shall not, directly or indirectly, incur in 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.
16. 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 them.
17. 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.
18. 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 ofimpropriety or bias.
Confidentiality
19. 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 an advantage for others or to affect the interest of others.
20. An arbitrator shall not make any public statement regarding the merits of a pending panel proceeding.
21. An arbitrator shall not disclose an interim report. An arbitrator shall not disclose a final arbitral award or parts thereof prior to its publication in accordance with Chapter 18 (Dispute Settlement).
22. 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
23. 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
24. 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
25. Paragraphs 2 to 7, 9, 12, 19 to 22 and 24 of this Annex shall also apply to experts, assistants and staff.
Chapter 19. INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
ARTICLE 19.1
Joint Committee
1. The Parties hereby establish a Joint Committee comprising delegates of Singapore and MERCOSUR, represented by the National Coordinators of the Common Market Group of each Signatory MERCOSUR State or their representatives.
2. The first meeting of the Joint Committee shall be held within one year after the entry into force of this Agreement. Thereafter, the Joint Committee shall meet every two years, unless the Parties agree otherwise. The Joint Committee shall be co-chaired by a representative of Singapore and a representative of MERCOSUR. The Joint Committee shall agree on its meeting schedule and set its agenda. The Joint Committee may meet in person or by any other means, as mutually agreed by the Parties.
3. The Joint Committee shall:
(a) oversee and ensure the general functioning of this Agreement;
(b) supervise and facilitate the implementation and application of this Agreement, and further its general aims;
(c) supervise the work of all subcommittees, working groups and other bodies established under this Agreement;
(d) consider ways to further enhance trade relations between the Parties;
(e) seek to prevent or solve any issues that may arise in relation to the interpretation and application of the Agreement without prejudice to Chapter 18 (Dispute Settlement);