Article 5.

1.   The tribunal shall decide the date and place of its meetings.

 

2.  The proceedings shall be held in private and all material presented to the tribunal shall be confidential. However, the Organization and any Party which has designated a Signatory which is a disputant in the proceedings shall have the right to be present and shall have access to the material presented. When the Organization is a disputant in the proceedings, all Parties and all Signatories shall have the right to be present and shall have access to the material presented.

 

3.  In the event of a dispute over the competence of the tribunal, the tribunal shall deal with that question first.

 

4.  The proceedings shall be conducted in writing, and each side shall have the right to submit written evidence in support of its allegations of fact and law. However, oral arguments and testimony may be given if the tribunal considers it appropriate.

 

5.  The proceedings shall commence with the presentation of the case of the petitioner containing its arguments, related facts supported by evidence and the principles of law relied upon. The case of the petitioner shall be followed by the counter-case of the respondent. The petitioner may submit a reply to the counter-case of the respondent and the respondent may submit a rejoinder. Additional pleadings shall be submitted only if the tribunal determines they are necessary.

 

6.  The tribunal shall hear and determine counter-claims arising directly out of the subject matter of the dispute, if the counter-claims are within its competence as defined in article 31 of the Convention and article XVI of the Operating Agreement.

 

7.  If the disputants reach an agreement during the proceedings, the agreement shall be recorded in the form of a decision of the tribunal given by consent of the disputants.

 

8.  At any time during the proceedings, the tribunal may terminate the proceedings if it decides the dispute is beyond its competence as defined in article 31 of the Convention or article XVI of the Operating Agreement.

 

9.  The deliberations of the tribunal shall be secret.

 

10.  The decisions of the tribunal shall be presented in writing and shall be supported by a written opinion. Its rulings and decisions must be supported by at least two members. A member dissenting from the decision may submit a separate written opinion

 

11.   The tribunal shall forward its decision to the Directorate, which shall distribute it to all Parties and Signatories.

 

12.  The tribunal may adopt additional rules of procedure, consistent with those established by this annex, which are appropriate for the proceedings.

 


Written by Admin

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