(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 arbitrators 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 5 (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 of this Annex, 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 5.12 (Implementation of the Arbitration Panel Report), paragraph 4 of Article 5.13 (Compensation and Suspension of Concessions or Other Obligations) and paragraph | of Article 5.14 (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 5-2. Code of conduct for arbitrators
Definitions
1. Unless otherwise specified, the definitions in Chapter 5 (Dispute Settlement) and Annex 5 — 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 5 (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 5 (Dispute Settlement), Annex 5—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 of this Annex.
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 5 (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 of this Annex shall also apply to experts, assistants and staff.
Chapter 6. Institutional, General and Final Provisions
Article 6.1. Joint Committee
1. The Parties hereby establish a Joint Committee comprising representatives of Singapore and of Armenia.
2. After the entry into force of this Agreement, the Joint Committee shall meet every two years in Singapore or in Armenia, unless the Parties agree otherwise. The Joint Committee shall be co-chaired by Ministerial-level officials from each Party, or their designated representatives. The Joint Committee shall set its own agenda.
3. 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 sub-committees, 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.
4. The Joint Committee may:
(a) decide to establish or dissolve any sub-committee or working group, or allocate responsibilities or functions to it;
(b) decide to communicate with all interested persons and experts where relevant to any matter falling within its responsibilities;
(c) review recommendations made by sub-committees and 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.
5. 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 6.2. Sub-committees and Working Groups
Sub-committees or working groups may be set up pursuant to this Agreement or by the Joint Committee acting consistently with this Agreement. They shall report to the Joint Committee on their activities at each regular meeting of the Joint Committee. The creation or existence of a sub-committee or working group shall not prevent either Party from bringing any matter directly to the Joint Committee.
Article 6.3. 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 to a Party's contact point, that Party shall duly notify the other Party.
Article 6.4. Relationship with other Agreements
1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and the other agreements negotiated thereunder to which they are party, and any other international agreement to which they are party.
2. In the event of any inconsistency between this Agreement and other agreements to which both Parties are party, the relevant 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.
Article 6.5. 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 6.6. 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 parties. 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 3.11 (Expropriation) and Section B (Investor-State Dispute Settlement) of Chapter 3 (Investment) shall apply to taxation measures to the extent that such taxation measures constitute expropriation as provided for therein (32). An investor that seeks to invoke Article 3.11 (Expropriation) with respect to a taxation measure must first refer to the competent authorities described in paragraph 5, 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 3.11 (Expropriation) as a basis for a claim.
4. For the purposes of this Article:
(a) "competent authorities" means:
(i) for Singapore, the Minister for Finance or his authorised representative; and
(il) for Armenia, the Ministry of Finance or its authorised representative;
(b) "tax agreement" means an agreement for the avoidance of double taxation or other international taxation agreement or arrangement.
Article 6.7. Restrictions to Safeguard the Balance-of-payments
1. Where a Party is in serious balance-of-payments and external financial difficulties, or under threat thereof, it may adopt or maintain restrictive measures with regard to cross-border trade in services and investments, and On payments and transfers related to cross-border trade in services and investments. Such restrictive measures shall be consistent with the Articles of Agreement of the IMF.
2. Any Party maintaining or having adopted restrictive measures, or any changes thereto, shall promptly notify the other Party of them.
3. Where the restrictive measures referred to in paragraph 1 are adopted or maintained, consultations shall be held promptly by the Joint Committee. Such consultations shall assess the balance-of-payments situation of the Party concerned and the restrictive measures adopted or maintained under this Article, taking into account factors such as:
(a) the nature and extent of the balance-of-payments and external financial difficulties;
(b) the external economic and trading environment; or
(c) alternative corrective measures which may be available.
The consultations shall address the compliance of any restrictive measures with paragraphs | and 2. All findings of statistical and other facts presented by the IMF relating to foreign exchange, monetary reserves and balance-of- payments shall be accepted, and conclusions shall be based on the assessment by the IMF of the balance-of-payments and external financial situation of the Party concerned.
Article 6.8. Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require a Party to furnish any information, the disclosure of which it determines to be contrary to its essential security interests; or
(b) to preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or for the protection of its own essential security interests.(33)
Article 6.9. Disclosure of Information
1. Nothing in this Agreement shall be construed to require a Party to make available confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.
2. Unless otherwise provided in this Agreement, where a Party provides information to the other Party (or to the Joint Committee, sub-committees, working groups or any other bodies) in accordance with this Agreement and designates the information as confidential, the Party (or the Joint Committee, sub-committees, working groups or any other bodies) receiving the information shall maintain the confidentiality of the information, use it only for the purposes specified by the Party providing the information, and shall not disclose it without specific written permission of the Party providing the information.
Article 6.10. Amendments
The Parties may agree, in writing, to amend this Agreement. Such amendment shall enter into force in the manner set out in Article 6.12 (Entry into Force).
Article 6.11. Joint Interpretations
The Parties may jointly adopt in writing interpretations of the provisions of this Agreement, which shall be binding on the Parties and all bodies and arbitration panels established under this Agreement.
Article 6.12. Entry Into Force
This Agreement shall enter into force on the first day of the second month following the date on which the Parties exchange written notifications certifying that they have completed their respective internal legal procedures necessary for the entry into force of this Agreement. The Parties may by agreement fix another date.
Article 6.13. Duration
1. This Agreement shall be valid indefinitely.
2. Either Party may notify in writing the other Party of its intention to terminate this Agreement.
3. This Agreement shall be terminated six (6) months after the notification under paragraph 2. This is without prejudice to specific provisions in this Agreement which qualify the effect of the termination, namely, Article 3.27 (Savings Clause).
4. Within thirty (30) days of delivery of a notification under paragraph 2, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect at a later date than provided under paragraph 2. Such consultations shall commence within thirty (30) days of a Party's delivery of such request.
Article 6.14. Annexes
The Annexes to this Agreement shall form an integral part thereof.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.
Done at Yerevan, this 1st day of October 2019, in duplicate in the Armenian and English languages. In case of dispute, the English text shall prevail.
For the Republic of Armenia
For the Republic of Singapore