EU - Singapore Investment Protection Agreement (2018)
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Title

INVESTMENT PROTECTION AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF SINGAPORE, OF THE OTHER PART

Preamble

THE EUROPEAN UNION (hereinafter referred to as the "Union"),

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE REPUBLIC OF CROATIA

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBURG,

HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN, and THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

of the one part, and THE REPUBLIC OF SINGAPORE (hereinafter referred to as "Singapore"),

of the other part, hereinafter jointly referred to as "the Parties",

RECOGNISING their longstanding and strong partnership based on the common principles and values reflected in the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (hereinafter referred to as "EUSPCA"), and their important economic, trade and investment relationship including as reflected in the Free Trade Agreement between the European Union and the Republic of Singapore (hereinafter referred to as "EUSFTA");

DESIRING to further strengthen their relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for further development of investment between the Parties;

RECOGNISING that this Agreement will complement and promote regional economic integration efforts;

DETERMINED to strengthen their economic, trade, and investment relations in accordance with the objective of sustainable development, in its economic, social and environmental dimensions, and to promote investment in a manner mindful of high levels of environmental and labour protection and relevant internationally-recognised standards and agreements to which they are parties;

REAFFIRMING their commitment to the principles of sustainable development and transparency as reflected in the EUSFTA;

REAFFIRMING each Party's right to adopt and enforce measures necessary to pursue legitimate policy objectives such as social, environmental, security, public health and safety, promotion and protection of cultural diversity;

REAFFIRMING their commitment to the Charter of the United Nations signed in San Francisco on 26 June 1945 and having regard to the principles articulated in The Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 December 1948;

RECOGNISING the importance of transparency in international trade and investment to the benefit of all stakeholders;

BUILDING on their respective rights and obligations under the WTO Agreement and other multilateral, regional and bilateral agreements and arrangements to which they are party, in particular, the EUSFTA,

HAVE AGREED AS FOLLOWS:

Body

Chapter ONE. OBJECTIVE AND GENERAL DEFINITIONS

Article 1.1. Objective

The objective of this Agreement is to enhance the investment climate between the Parties in accordance with the provisions of this Agreement.

Article 1.2. Definitions

For the purposes of this Agreement:

1. "covered investment", means an investment which is owned, directly or indirectly, or controlled, directly or indirectly, by a covered investor of one Party in the territory of the other Party. (1)

(1) For greater certainty, investments made "in the territory of the other Party" shall include investments made in an exclusive economic zone or continental shelf, as provided in the United Nations Convention on the Law of the Sea of 10 December 1982.

"investment" means every kind of asset which has the characteristics of an investment, including such characteristics as the commitment of capital or other resources, the expectation of gain or profit, the assumption of risk or a certain duration. Forms that an investment may take include:

(a) tangible or intangible, movable or immovable property as well as any other property rights, such as leases, mortgages, liens, and pledges;

(b) an enterprise including a branch, shares, stocks and other forms of equity participation in an enterprise, including rights derived therefrom;

(c) bonds, debentures, and loans and other debt instruments, including rights derived therefrom;

(d) other financial assets, including derivatives, futures and options;

(e) turnkey, construction, management, production, concession, revenue-sharing, and other similar contracts;

(f) claims to money or to other assets, or to any contractual performance having an economic value;

(g) intellectual property rights (1) and goodwill; and

(1) "intellectual property rights" means: (a) all categories of intellectual property that are the subject of Sections 1 through 7 of Part II of the Agreement on Trade-Related Aspects of Intellectual Property Rights contained in Annex 1C of the WTO Agreement (hereinafter referred to as the "TRIPS Agreement") namely: (i) copyright and related rights; (ii) patents (which, in the case of the Union, include rights derived from supplementary protection certificates); (iii) trademarks; (iv) designs; (v) layout-designs (topographies) of integrated circuits; (vi) geographical indications; (vii) protection of undisclosed information; and (b) plant variety rights.

(h) licenses, authorisations, permits, and similar rights conferred pursuant to domestic law, including any concessions to search for, cultivate, extract or exploit natural resources. (2)

(2) For greater certainty, an order or judgment entered in a judicial or administrative action shall not constitute in itself an investment.

Returns that are invested shall be treated as investments and any alteration of the form in which assets are invested or reinvested shall not affect their qualification as investments.

2. "covered investor" means a natural person (3) or a juridical person of one Party that has made an investment in the territory of the other Party.

(3) The term "natural person" includes natural persons permanently residing in Latvia who are not citizens of Latvia or any other state but who are entitled, under the laws and regulations of Latvia, to receive a non-citizen's passport (Alien's Passport).

3. "natural person of a Party" means a national of Singapore, or of one of the Member States of the Union, according to their respective legislation.

4. "juridical person" means any legal entity duly constituted or otherwise organised under applicable law, whether or not for profit and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association.

5. "Union juridical person" or "Singapore juridical person" means a juridical person set up in accordance with the law of the Union or a Member State of the Union or Singapore, respectively, and having its registered office, central administration (1) or principal place of business in the territory of the Union or Singapore, respectively. Should the juridical person have only its registered office or central administration in the territory of the Union or of Singapore, respectively, it shall not be considered as a Union juridical person or a Singapore juridical person, respectively, unless it engages in substantive business operations (2) in the territory of the Union or of Singapore, respectively.

(1) The term "central administration" means the head office where ultimate decision making takes place.
(2) The EU Party understands that the concept of "effective and continuous link" with the economy of a Member State of the Union enshrined in Article 54 of the Treaty on the Functioning of the European Union is equivalent to the concept of "substantive business operations". Accordingly, for a juridical person set up in accordance with the law of Singapore and having only its registered office or central administration in the territory of Singapore, the EU Party shall only extend the benefits of this Agreement if that juridical person possesses an effective and continuous economic link with the economy of Singapore.

6. "measure" means any law, regulation, procedure, requirement or practice.

7. "treatment" or "measure" (1) adopted or maintained by a Party includes those taken by:

(a) central, regional or local governments and authorities; and

(b) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities.

(1) For greater certainty, the Parties understand that the terms "treatment" or "measure" include failures to act.

8. "returns" means all amounts yielded by or derived from an investment or reinvestment, including profits, dividends, capital gains, royalties, interests, payments in connection with intellectual property rights, payments in kind and all other lawful income.

9. "freely convertible currency" means a currency which is widely traded in international foreign exchange markets and widely used in international transactions.

10. "establishment" means:

(a) the constitution, acquisition or maintenance of a juridical person; or

(b) the creation or maintenance of a branch or representative office, with a view to establishing or maintaining lasting economic links within the territory of a Party for the purpose of performing an economic activity.

11. "economic activity" includes any activities of an economic nature except activities carried out in the exercise of governmental authority, ie., activities not carried out on a commercial basis or in competition with one or more economic operators.

12. "EU Party" means the Union or its Member States, or the Union and its Member States, within their respective areas of competence as derived from the Treaty on the European Union and the Treaty on the Functioning of the European Union.

Chapter TWO. INVESTMENT PROTECTION

Article 2.1. Scope

1. This Chapter shall apply to covered investors and covered investments made in accordance with the applicable law, whether such investments were made before or after the entry into force of this Agreement (1).

2. Notwithstanding any other provision in this Agreement, Article 2.3 (National Treatment) shall not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance.

(1) For greater certainty, this Chapter shall not apply to a Party's treatment of covered investors or covered investments before the entry into force of this Agreement.

3. Article 2.3 (National Treatment) shall not apply to:

(a) the procurement by governmental agencies of goods and services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of goods or the supply of services for commercial sale; or

(b) audio-visual services;

(c) activities performed in the exercise of governmental authority within the respective territories of the Parties. For the purposes of this Agreement, an activity performed in the exercise of governmental authority means any activity, except an activity which is supplied on a commercial basis or in competition with one or more suppliers.

Article 2.2. Investment and Regulatory Measures

1. The Parties reaffirm their right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, social services, public education, safety, environment or public morals, social or consumer protection privacy and data protection and the promotion and protection of cultural diversity.

2. For greater certainty, the mere fact that a Party regulates, including through a modification to its laws, in a manner which negatively affects an investment or interferes with an investor's expectations, including its expectations of profits, does not amount to a breach of an obligation under this Chapter.

3. For greater certainty, a Party's decision not to issue, renew or maintain a subsidy or grant:

(a) in the absence of any specific commitment under domestic law or contract to issue, renew, or maintain that subsidy or grant; or

(b) if the decision is made in accordance with the terms or conditions attached to the issuance, renewal or maintenance of the subsidy or grant, if any, does not constitute a breach of the provisions of this Chapter.

4. For greater certainty, nothing in this Chapter shall be construed as preventing a Party from discontinuing the granting of a subsidy (1) or requesting its reimbursement where such action has been ordered by a competent court, administrative tribunal or other competent authority (2), or requiring that Party to compensate the investor therefor.

(1) In the case of the EU Party, "subsidy" includes "state aid" as defined in the EU law.
(2) In the case of the EU Party, the competent authorities entitled to order the actions mentioned in Article 2.2 (4) are the European Commission or a court or tribunal of a Member State when applying EU law on state aid.

Article 2.3. National Treatment

1. Each Party shall accord to covered investors of the other Party and to their covered investments, treatment in its territory no less favourable than the treatment it accords, in like situations, to its own investors and their investments with respect to the operation, management, conduct, maintenance, use, enjoyment and sale or other disposal of their investments.

2. Notwithstanding paragraph 1, each Party may adopt or maintain any measure with respect to the operation, management, conduct, maintenance, use, enjoyment and sale or other disposal of an establishment that is not inconsistent with commitments inscribed in its Schedule of Specific Commitments in Annex 8-A and 8-B of Chapter 8 (Services, Establishment and Electronic Commerce) of the EUSFTA respectively (1), where such measure is:

(1) It is understood that a measure "that is not inconsistent with the commitments inscribed in a Party's Schedule of Specific Commitments in Annex 8-A and 8-B of Chapter 8 (Services, Establishment and Electronic Commerce) of the EUSFTA, respectively" shall include any measure in respect of any sector that has not been inscribed, and any measure that is not inconsistent with any condition, limitation or reservation that has been inscribed in respect of any sector, in the respective Schedules, regardless of whether such measure affects "establishment" as defined in subparagraph (d) of Article 8.8 (Definitions) of the EUSFTA.

(a) a measure that is adopted on or before the entry into force of this Agreement;

(b) a measure referred to in subparagraph (a) that is being continued, replaced or amended after the entry into force of this Agreement, provided the measure is no less consistent with paragraph 1 after being continued, replaced or amended than the measure as it existed prior to its continuation, replacement or amendment; or

(c) a measure not falling within subparagraphs (a) or (b), provided it is not applied in respect of, or in a way that causes loss or damage (1) to, covered investments made in the territory of the Party before the entry into force of such measure.

(1) For the purposes of subparagraph (2)(c), it is understood that factors like the fact that a Party has provided for a reasonable phase-in period for the implementation of a measure or that a Party has made any other attempt to address the effects of the measure on covered investments made before its entry into force, shall be taken into account in determining whether the measure causes loss or damage to covered investments made before the entry into force of the measure.

3. Notwithstanding paragraphs 1 and 2, a Party may adopt or enforce measures that accord to covered investors and investments of the other Party less favourable treatment than that accorded to its own investors and their investments, in like situations, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the covered investors or investments of the other Party in the territory of a Party, or is a disguised restriction on covered investments, where the measures are:

(a) necessary to protect public security, public morals or to maintain public order (1);

(1) The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

(b) necessary to protect human, animal or plant life or health;

(c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic investors or investments;

(d) necessary for the protection of national treasures of artistic, historic or archaeological value;

(e) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter including those relating to:

(i) the prevention of deceptive or fraudulent practices or to deal with the effects of a default on a contract;

(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidential of individual records and accounts;

(iii) safety;

(f) aimed at ensuring the effective or equitable (1) imposition or collection of direct taxes in respect of investors or investments of the other Party.

(1) Measures that are aimed at ensuring the effective or equitable imposition or collection of direct taxes include measures taken by a Party under its taxation system which: (a) apply to non-resident investors or investments in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party's territory; (b) apply to non-residents in order to ensure the imposition or collection of taxes in a Party's territory; (c) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures; (d) apply to investments in or from the territory of the other Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party's territory; (e) distinguish investors or investments subject to tax on worldwide taxable items from other investors or investments in recognition of the difference in the nature of the tax base between them; or (f) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard a Party's tax base. Tax terms or concepts in paragraph (f) and in this footnote are to be determined according to tax definitions or concepts, or equivalent or similar definitions and concepts, under domestic law of the Party taking the measure.

Article 2.4. Standard of Treatment

1. Each Party shall accord in its territory to covered investments of the other Party fair and equitable treatment (1) and full protection and security in accordance with paragraphs 2 to 6.

(1) Treatment in this Article includes treatment of covered investors which directly or indirectly interferes with the covered investors' operation, management, conduct, maintenance, use, enjoyment and sale or other disposal of their covered investments.

2. A Party breaches the obligation of fair and equitable treatment referenced in paragraph 1 if its measure or series of measures constitute:

(a) denial of justice (2) in criminal, civil and administrative proceedings;

(2) For greater certainty, the sole fact that the covered investor's claim has been rejected, dismissed or unsuccessful does not in itself constitute a denial of justice.

(b) a fundamental breach of due process;

(c) manifestly arbitrary conduct;

(d) harassment, coercion, abuse of power or similar bad faith conduct.

3. In determining whether the fair and equitable treatment obligation, as set out in paragraph 2, has been breached, a Tribunal may take into account, where applicable, whether a Party made specific or unambiguous representations (1) to an investor so as to induce the investment, that created legitimate expectations of a covered investor and which were reasonably relied upon by the covered investor, but that the Party subsequently frustrated (2).

(1) For greater certainty, representations made so as to induce the investments include the representations made in order to convince the investor to continue with, not to liquidate or to make subsequent investments.
(2) For greater certainty, the frustration of legitimate expectations as described in this paragraph does not, by itself, amount to a breach of paragraph 2, and such frustration of legitimate expectations must arise out of the same events or circumstances that give rise to the breach of paragraph 2.

4. The Parties shall, upon request of a Party or recommendations by the Committee, review the content of the obligation to provide fair and equitable treatment, pursuant to the procedure for amendments set out in Article 4.3 (Amendments), in particular, whether treatment other than those listed in paragraph 2 can also constitute a breach of fair and equitable treatment.

5. For greater certainty, "full protection and security" only refers to a Party's obligation relating  to physical security of covered investors and investments.

6.  Where a Party, itself or through any entity mentioned in paragraph 7 of Article 1.2  (Definitions), had given a specific and clearly spelt out commitment in a contractual written  obligation (1) towards a covered investor of the other Party with respect to the covered investor's investment or towards such covered investment, that Party shall not frustrate or undermine the said commitment through the exercise of its governmental authority (2) either:

(1) For the purposes of this paragraph, a "contractual written obligation" means an agreement in writing, entered into by a Party, itself or through any entity mentioned in paragraph 7 of Article 1.2 (Definitions), with a covered investor or a covered investment whether in a single instrument or multiple instruments, that creates an exchange of rights and obligations, binding both parties.
(2) For the purposes of this Article, a Party frustrates or undermines a commitment through the exercise of its governmental authority when it frustrates or undermines the said commitment through the adoption, maintenance or non-adoption of measures mandatory or enforceable under domestic laws.

(a) deliberately; or

(b) in a way which substantially alters the balance of rights and obligation in the contractual written obligation unless the Party provides reasonable compensation to restore the covered investor or investment to a position which it would have been in had the frustration or undermining not occurred.

7. A breach of another provision of this Agreement, or of a separate international agreement,  does not establish that there has been a breach of this Article.

Article 2.5. Compensation for Losses

1. Covered investors of one Party whose covered investments suffer losses owing to war or other armed conflict, revolution, a state of national emergency, revolt, insurrection or riot in the territory of the other Party shall be accorded by that Party, as regards restitution, indemnification, compensation or other settlement, treatment no less favourable than that accorded by that Party to its own investors or to the investors of any third country, whichever is more favourable to the covered investor concerned.

2. Without prejudice to paragraph 1, covered investors of a Party who, in any of the situations referred to in paragraph 1, suffer losses in the territory of the other Party resulting from:

(a) requisitioning of its covered investment or a part thereof by the other Party's armed forces or authorities; or

(b) destruction of its covered investment or a part thereof by the other Party's armed forces or authorities, which was not required by the necessity of the situation,

shall be accorded by the other Party restitution or compensation.

Article 2.6. Expropriation  (1)

(1) For greater certainty, this Article shall be interpreted in accordance with Annexes 1 to 3.

1. Neither Party shall directly or indirectly nationalise, expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") the covered investments of covered investors of the other Party except:

(a) for a public purpose;

Page 1 Next page
  • Chapter   ONE OBJECTIVE AND GENERAL DEFINITIONS 1
  • Article   1.1 Objective 1
  • Article   1.2 Definitions 1
  • Chapter   TWO INVESTMENT PROTECTION 1
  • Article   2.1 Scope 1
  • Article   2.2 Investment and Regulatory Measures 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Standard of Treatment 1
  • Article   2.5 Compensation for Losses 1
  • Article   2.6 Expropriation  (1) 1
  • Article   2.7 Transfer 2
  • Article   2.8 Subrogation 2
  • Chapter   THREE DISPUTE SETTLEMENT 2
  • Section   A RESOLUTION OF DISPUTES BETWEEN INVESTORS AND PARTIES 2
  • Article   3.1 Scope and Definitions 2
  • Article   3.2 Amicable Resolution 2
  • Article   3.3 Consultations 2
  • Article   3.4 Mediation and Alternative Dispute Resolution 2
  • Article   3.5 Notice of Intent 2
  • Article   3.6 Submission of Claim to Tribunal 2
  • Article   3.7 Conditions to the Submission of Claim 2
  • Article   3.8 Third Party Funding 2
  • Article   3.9 Tribunal of First Instance 2
  • Article   3.10 Appeal Tribunal 2
  • Article   3.11 Ethics 3
  • Article   3.12 Multilateral Dispute Settlement Mechanism 3
  • Article   3.13 Applicable Law and Rules of Interpretation 3
  • Article   3.14 Claims Manifestly without Legal Merit 3
  • Article   3.15 Claims Unfounded as a Matter of Law 3
  • Article   3.16 Transparency of Proceedings 3
  • Article   3.17 The Non-disputing Party to the Agreement 3
  • Article   3.18 Award 3
  • Article   3.19 Appeal Procedure 3
  • Article   3.20 Indemnification or other Compensation 3
  • Article   3.21 Costs 3
  • Article   3.22 Enforcement of Awards 3
  • Article   3.23 Role of the Parties to the Agreement 3
  • Article   3.24 Consolidation. 3
  • Section   B RESOLUTION OF DISPUTES BETWEEN PARTIES 3
  • Article   3.25 Scope 3
  • Article   3.26 Consultations 3
  • Article   3.27 Mediation 3
  • Article   3.28 Initiation of Arbitration Procedure 3
  • Article   3.29 Establishment of the Arbitration Panel 3
  • Article   3.30 Preliminary Ruling on Urgency 3
  • Article   3.31 Interim Panel Report 3
  • Article   3.32 Arbitration Panel Ruling 3
  • Article   3.33 Compliance with the Arbitration Panel Ruling 3
  • Article   3.34 Reasonable Period of Time for Compliance 3
  • Article   3.35 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 3
  • Article   3.36 Temporary Remedies In Case of Non-compliance 4
  • Article   3.37 Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-Compliance 4
  • Article   3.38 Suspension and Termination of Arbitration Procedures 4
  • Article   3.39 Mutually Agreed Solution 4
  • Article   3.40 Rules of Procedure 4
  • Article   3.41 Submission of Information 4
  • Article   3.42 Rules of Interpretation 4
  • Article   3.43 Arbitration Panel Decisions and Rulings 4
  • Article   3.44 Lists of Arbitrators 4
  • Article   3.45 Relation with WTO Obligations 4
  • Article   3.46 Time Limits 4
  • Chapter   FOUR INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 4
  • Article   4.1 Committee 4
  • Article   4.2 Decision-making 4
  • Article   4.3 Amendments 4
  • Article   4.4 Prudential Carve Out 4
  • Article   4.5 Security Exceptions 4
  • Article   4.6 Taxation 4
  • Article   4.7 Specific Exception 4
  • Article   4.8 Sovereign Wealth Funds 4
  • Article   4.9 Disclosure of Information 4
  • Article   4.10 Fulfilment of Obligations 4
  • Article   4.11 No Direct Effect 4
  • Article   4.12 Relationship with other Agreements 4
  • Article   4.13 Territorial Application 4
  • Article   4.14 Annexes, Appendices, Joint Declarations, Protocols and Understandings 4
  • Article   4.15 Entry Into Force 4
  • Article   4.16 Duration 4
  • Article   4.17 Termination 4
  • Article   4.18 Accession of New Member States of the Union 4
  • Article   4.19 Authentic Texts 4
  • ANNEX 1  EXPROPRIATION 5
  • ANNEX 2  LAND EXPROPRIATION 5
  • ANNEX 3  EXPROPRIATION AND INTELLECTUAL PROPERTY RIGHTS 5
  • ANNEX 4  PUBLIC DEBT 5
  • ANNEX 5  AGREEMENTS REFERRED TO IN ARTICLE 4.12 5
  • ANNEX 6  MEDIATION MECHANISM FOR DISPUTES BETWEEN INVESTORS AND PARTIES 5
  • 1 Objective 5
  • Section   A PROCEDURE UNDER THE MEDIATION MECHANISM 5
  • 2 Initiation of the Procedure 5
  • 3 Selection of the Mediator 5
  • 4 Rules of the Mediation Procedure 5
  • Section   B IMPLEMENTATION 5
  • 5 Implementation of a Mutually Agreed Solution 5
  • Section   C GENERAL PROVISIONS 5
  • 6 Relationship to Dispute Settlement 5
  • 7 Time Limits 5
  • 8 Costs 5
  • ANNEX 7  CODE OF CONDUCT FOR MEMBERS OF THE TRIBUNAL, THE APPEAL TRIBUNAL AND MEDIATORS 5
  • ANNEX 8  RULES ON PUBLIC ACCESS TO DOCUMENTS, HEARINGS AND THE POSSIBILITY OF THIRD PERSONS TO MAKE SUBMISSIONS 5
  • 1 5
  • 2 5
  • 3 5
  • 4 6
  • 5 6
  • 6 6
  • ANNEX 9  RULES OF PROCEDURE FOR ARBITRATION 6
  • ANNEX 10  MEDIATION PROCEDURE FOR DISPUTES BETWEEN PARTIES 6
  • 1 Objective and Scope 6
  • 2 Request for Information 6
  • 3 Initiation of the Procedure 6
  • 4 Selection of the Mediator 6
  • 5 Rules of the Mediation Procedure 7
  • 6 Implementation of a Mutually Agreed Solution 7
  • 7 Relationship to Dispute Settlement 7
  • 8 Time Limits 7
  • 9 Costs 7
  • 10 Review 7
  • ANNEX 11  CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS 7
  • UNDERSTANDING 1  IN RELATION TO SINGAPORE'S SPECIFIC CONSTRAINTS OF SPACE OR ACCESS TO NATURAL RESOURCES 7
  • UNDERSTANDING 2  IN RELATION TO THE REMUNERATION OF ARBITRATORS 7