1. These Rules are established under Article 14.9 and shall apply to dispute settlement proceedings under this Chapter unless the Parties otherwise agree.
Definitions
2. For the purposes of this Annex:
complaining Party means a Party that requests the establishment of a panel under Article 14.6;
responding Party means a Party complained against; and
arbitral panel means an arbitral panel established under Article 14.7.
3. Any reference made in these Rules to an Article, is a reference to the appropriate Article under this Chapter.
Terms of Reference for Panels
4. Unless the Parties otherwise agree within 20 days from the date of receipt of the request for the establishment of a panel, the terms of reference shall be:
"To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitral panel pursuant to Article 14.6, to make findings of fact and/or law together with the reasons thereof as well as recommendations, if any, on the means to resolve the dispute, and to deliver the written reports referred to in Articles 14.11 and 14.12."
5. The Parties shall promptly deliver the agreed terms of reference to the panel, upon the designation of the last member of the panel.
6. If the complaining Party argues that a matter has nullified or impaired benefits, the terms of reference shall so indicate.
Written Submissions and Other Documents
7. Each Party shall deliver no less than four copies of its written submission to the panel and a copy to the other Party.
8. A complaining Party shall deliver its initial written submission to the responding Party no later than 15 days after the date on which the last panelist is appointed. The responding Party shall deliver its written submission to the complaining Party no later than 30 days upon receipt of the initial written submission of the complaining Party.
9. In respect of a request, notice or other documents related to the panel proceedings that is not covered by paragraph 7 or 8, each Party shall deliver copies of the documents to the other Party by facsimile, email or other means of electronic transmission.
10. A Party may at any time correct minor errors of a clerical nature in any request, notice, written submission or other documents related to the panel proceedings by delivering a new document clearly indicating the changes.
Operation of Panels
11. The chair of the panel shall preside at all of its meetings. A panel may delegate to the chair authority to make administrative and procedural decisions.
12. Except as otherwise provided for in these Rules, the panel may conduct its business by any means, including by telephone, facsimile transmission and computer links.
13. Only members of the panel may take part in the deliberations of the panel, but the panel may in consultation with the Parties employ such number of assistants, interpreters or translators, or court reporters (designated note takers) as may be required for the proceedings and permit them to be present during such deliberations. The members of the panel and the persons employed by the panel shall maintain the confidentiality of the panel's proceedings unless such information is already made available to the public.
14. A panel may, in consultation with the Parties, modify any time period applicable in the panel proceedings and make other procedural or administrative adjustments as may be required in the proceedings.
Hearings
15. The chair of the panel shall fix the date and time of the hearing in consultation with the Parties and the other members of the panel, and then notify the Parties in writing of the date, time and location of the hearing.
16. The veme for the proceedings of the panel shall be decided by mutual agreement between the Parties. If there is no agreement, the verme shall alternate between the territories of the Parties with the venue of the first sitting to be in the territory of the complaining Party.
17. The hearing shall be conducted by the panel in a manner ensuring that the complaining Party and the responding Party are afforded equal time for arguments, replies and counter-replies.
Decisions of the Panel
18. The panel shall take its decisions by consensus, provided that where a panel is unable to reach consensus it may take its decisions by majority vote.
Availability of Information
19. A Party may designate specific information included in its written submissions, or that it has presented in the panel hearing, for confidential treatment, to the extent it considers strictly necessary to protect personal privacy or legitimate commercial interests of particular enterprises, public or private, or to address essential confidentiality concerns.
20. A Party shall treat as confidential any information submitted by the other Party to the panel that the latter Party has designated as confidential pursuant to paragraph 19.
21. Each Party shall take such reasonable steps as are necessary to ensure that its experts, interpreters, translators, court reporters (designated note takers) and other individuals involved in the panel proceedings maintain the confidentiality of the panel proceedings.
Remuneration and Payment of Expenses
22. The panel shall keep a record and render a final account of all general expenses
incurred in connection with the proceedings, including those paid to their assistants, court reporters (designated note takers) or other individuals that it retains in a panel proceeding in consultation with the Parties.
Chapter FIFTEEN. ADMINISTRATIVE AND FINAL PROVISIONS
Article 15.1. FULFILLMENT OF OBLIGATIONS AND COMMITMENTS
Each Party shall ensure, in its territory, the observance and fulfillment of its obligations and commitments under this Agreement.
Article 15.2. JOINT COMMITTEE AND REVIEW
1. In addition to the provisions for consultations elsewhere in this Agreement, the Parties hereby establish a Joint Committee comprising the Minister for Trade of Korea and the Minister of Commerce and Industry of India or their designated officials.
2. Unless the Parties agree otherwise, the Joint Committee shall meet within a year of the date of entry into force of this Agreement, and thereafter biennially or otherwise as considered mutually appropriate to monitor or review the implementation of this Agreement.
3. Pursuant to paragraphs 1and 2, the Joint Committee may:
(a) review the implementation and application of the provisions of this Agreement including the work of any committees and working groups established under this Agreement;
(b) establish and delegate responsibilities to any ad hoc or standing committees, working groups or any such groups to:
(i) assign them with tasks on specific matters;
(ii) study and recommend to the Ministers of the Parties any appropriate measures to resolve any issues arising from the implementation or application of any part of this Agreement; or
(iii) consider, upon either Party's request, fresh concessions or issues not already dealt with by this Agreement;
(c) modify the rules of origin as agreed under this Agreement and such modification shall come into force in accordance with Article 15.5; and
(d) consider any other matter that may affect the operation of this Agreement.
Article 15.3. CONTACT POINTS
1. Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement.
2. For the purposes of this Article, the contact points of the Parties are:
(a) for Korea, the Free Trade Agreement Policy Bureau of the Ministry of Foreign Affairs and Trade, or its successor; and
(b) for India, the North-East Asia Division of the Department of Commerce, Ministry of Commerce and Industry, or its successor.
3. For the purposes of this Agreement, all communications or notifications to or by a Party shall be made through its contact point.
Article 15.4. ANNEXES AND APPENDICES
The Annexes and Appendices to this Agreement shall constitute an integral part of this Agreement.
Article 15.5. AMENDMENTS
1. The Parties may agree on any modification of or addition to this Agreement.
2. When so agreed, such a modification or addition under paragraph 1 shall enter into force and constitute an integral part of this Agreement after the Parties have exchanged written notifications certifying that they have completed necessary internal legal procedures and on such date or dates as may be agreed between the Parties.
Article 15.6. AMENDMENT OF THE WTO AGREEMENT
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall enter into mutual consultation within six months to consider amending the relevant provision of this Agreement, as appropriate, in accordance with Article 15.5.
Article 15.7. ENTRY INTO FORCE
This Agreement shall enter into force 60 days after an exchange of written notifications, certifying the completion of the necessary legal procedures of each Party or on such other date as the Parties may agree.
Article 15.8. TERMINATION
Either Party may terminate this Agreement by written notification to the other Party, and such termination shall take effect six months after the date of the notification unless provided for otherwise elsewhere in this Agreement.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
DONE at Seoul, on the 7 August 2009, in two originals, in the English, Korean and Hindi languages. All texts being equally authentic, in case of doubt or difference the English text shall prevail.
FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA
FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA