Page 491 - Regional Comprehensive Economic Partnership (RCEP)

4. Subject to the protection of confidential information, each Party to 3. Within 10 days of the date of the receipt of the request for the
the dispute shall make available to each Third Party its written establishment of a panel made pursuant to paragraph 1 of Article
submissions, written versions of its oral statements, and its written 19.8 (Request for Establishment of a Panel), the Parties to the
responses to questions, made prior to the issuance of the interim dispute shall enter into consultations with a view to reaching
report, at the time such submissions, statements, and responses agreement on the procedures for composing the panel, taking into
are submitted to the panel. account the factual, technical, and legal aspects of the dispute.
Any such procedures agreed upon shall also be used for the
5. A Third Party shall have the right to: purposes of paragraphs 15 and 16.

(a) subject to the protection of confidential information, be 4. If the Parties to the dispute are unable to reach agreement on the
present at the first and second hearings of the panel with procedures for composing the panel within 20 days of the date of
the Parties to the dispute prior to the issuance of the the receipt of the request for the establishment of a panel made
interim report; pursuant to paragraph 1 of Article 19.8 (Request for
Establishment of a Panel), any Party to the dispute may at any
(b) make at least one written submission prior to the first time thereafter notify the other Party to the dispute that it wishes
hearing; to use the procedures set out in paragraphs 5 through 7. Where
such a notification is made, the panel shall be composed in
(c) make an oral statement to the panel and respond to accordance with paragraphs 5 through 7.
questions from the panel during a session of the first
hearing set aside for that purpose; and 5. The Complaining Party shall appoint one panellist within 10 days
of the date of the receipt of the notification made pursuant to
(d) respond in writing to any questions from the panel directed paragraph 4. The Responding Party shall appoint one panellist
to the Third Parties. within 20 days of the date of the receipt of the notification made
pursuant to paragraph 4. A Party to the dispute shall notify the
6. If a Third Party provides any submissions or other documents to appointment of its panellist to the other Party to the dispute.
the panel, it shall simultaneously provide them to the Parties to
the dispute and the other Third Parties. 6. Following the appointment of the panellists in accordance with
paragraph 5, the Parties to the dispute shall agree on the
7. A panel may, with the agreement of the Parties to the dispute, appointment of the third panellist who shall serve as the chair of
grant additional or supplemental rights to any Third Party the panel. To assist in reaching such agreement, each Party to
regarding its participation in panel proceedings. the dispute may provide to the other Party to the dispute a list of
up to three nominees for the chair of the panel.

Article 19.11: Establishment and Reconvening of a Panel 7. If any panellist has not been appointed within 35 days of the date
of the receipt of the notification made pursuant to paragraph 4,
1. Where a request for the establishment of a panel is made any Party to the dispute, within a further period of 25 days, may
pursuant to paragraph 1 of Article 19.8 (Request for request the Director-General of the WTO to appoint the remaining
Establishment of a Panel), a panel shall be established in panellists within 30 days of the date of such request. Any list of
accordance with this Article. nominees which was provided under paragraph 6 shall also be
provided to the Director-General of the WTO, and may be used in
2. Unless the Parties to the dispute agree otherwise, the panel shall making the required appointments.
consist of three panellists. All appointments and nominations of
panellists under this Article shall conform with the requirements 8. If the Director-General of the WTO notifies the Parties to the
referred to in paragraphs 10 and 13. dispute that he or she is unavailable, or does not appoint the
remaining panellists within 30 days of the date of the request
made pursuant to paragraph 7, any Party to the dispute may

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