Page 490 - Regional Comprehensive Economic Partnership (RCEP)
P. 490

4.     Subject to the protection of confidential information, each Party to
                              the dispute shall make available to each Third Party its written
                              submissions, written versions of its oral statements, and its written
                              responses to questions, made prior to the issuance of the interim
                              report, at the time such submissions, statements, and responses
                              are submitted to the panel.

                       5.     A Third Party shall have the right to:

                              (a)    subject  to  the  protection  of  confidential  information,  be
                                     present at the first and second hearings of the panel with
                                     the  Parties  to  the  dispute  prior  to  the  issuance  of  the
                                     interim report;

                              (b)    make  at  least  one  written  submission  prior  to  the  first
                                     hearing;

                              (c)    make  an  oral  statement  to  the  panel  and  respond  to
                                     questions  from  the  panel  during  a  session  of  the  first
                                     hearing set aside for that purpose; and

                              (d)    respond in writing to any questions from the panel directed
                                     to the Third Parties.

                       6.     If a Third Party provides any submissions or other documents to
                              the panel, it shall simultaneously provide them to the Parties to
                              the dispute and the other Third Parties.

                       7.     A panel may, with the agreement of the Parties to the dispute,
                              grant  additional  or  supplemental  rights  to  any  Third  Party
                              regarding its participation in panel proceedings.


                       Article 19.11: Establishment and Reconvening of a Panel

                       1.     Where  a  request  for  the  establishment  of  a  panel  is  made
                              pursuant  to  paragraph  1  of  Article  19.8  (Request  for
                              Establishment  of  a  Panel),  a  panel  shall  be  established  in
                              accordance with this Article.

                       2.     Unless the Parties to the dispute agree otherwise, the panel shall
                              consist of three panellists.  All appointments and nominations of
                              panellists under this Article shall conform with the requirements
                              referred to in paragraphs 10 and 13.







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