Rules 49-62

Translation and Interpretation

49. A participating Party shall, within a reasonable period of time before it delivers its initial written submission in a panel proceeding, advise its section of the Secretariat in writing of the language in which its written submissions will be made and in which it wishes to receive the written submissions of the other participating Parties. A section of the Secretariat that is so advised shall promptly notify the responsible section of the Secretariat which, in turn, shall promptly notify the other sections of the Secretariat, the other participating Parties and the panel.

50. A participating Party shall, within a reasonable period of time before the date of a hearing, advise its section of the Secretariat in writing of the language in which it will make oral arguments or presentations at the hearing and in which it wishes to hear oral arguments and presentations. A section of the Secretariat that is so advised shall promptly notify the responsible section of the Secretariat which, in turn, shall promptly notify the other sections of the Secretariat, the other participating Parties and the panel.

51. In lieu of the procedure set out in rule 49 or 50, a Party may advise its section of the Secretariat of:

(a) the language in which it will make, and in which it wishes to receive, written submissions in all panel proceedings; or

(b) the language in which it will make, and in which it wishes to hear, oral arguments and presentations at hearings in all panel proceedings.

A section of the Secretariat that is so advised shall promptly notify the other sections of the Secretariat and the other Parties.

52. Where in accordance with the advice provided by each Party under rules 49 through 51, written submissions or oral arguments and presentations in a panel proceeding will be made in more than one language, or if a panelist requests, the responsible section of the Secretariat shall arrange for the translation of the written submissions and the panel reports or for the interpretation of arguments at any hearing, as the case may be.

53. Where the responsible section of the Secretariat is required to arrange for the translation of a written submission or report in one or more languages, it shall not provide for the delivery of that written submission as required by rule 8 or for the delivery of that report until all translated versions of that written submission or report have been prepared.

54. Any time period applicable to a panel proceeding shall be suspended for the period necessary to complete the translation of any written submissions.

55. The costs incurred to prepare a translation of a written submission shall be borne by the Party making the submission. The costs incurred to prepare a translation of a final report shall be borne equally by each section of the Secretariat. The costs of all other translation and interpretation requirements in a panel proceeding shall be borne equally by the participating Parties in that proceeding.

56. Any Party may provide comments on a translated version of a document that is prepared in accordance with these rules.

Computation of Time

57. Where anything under the Agreement or these rules is to be done, or the panel requires anything to be done, within a number of days after, before or of a specified date or event, the specified date or the date on which the specified event occurs shall not be included in calculating that number of days.

58. Where, by reason of the operation of rule 13, a participating Party

(a) receives a document on a date other than the date on which the same document is received by any other participating Party, or

(b) receives a document from a second participating Party on a date that is either before or after the date on which it receives the corresponding document from a third participating Party,

any period of time the calculation of which is dependent on such receipt shall be calculated from the date of receipt of the last such document.

Suspension of Benefits Panels

59. These rules shall apply to a panel established under Article 2019(3) except that:

(a) the Party that requests the establishment of the panel shall deliver its initial written submission to its section of the Secretariat within 10 days after the date on which the last panelist is selected;

(b) the responding Party shall deliver its written counter-submission to its section of the Secretariat within 15 days after the date of delivery of the initial written submission;

(c) the panel shall fix the time limit for delivering any further written submissions, including rebuttal written submissions, so as to provide each disputing Party with the opportunity to make an equal number of written submissions subject to the time limits for panel proceedings set out in the Agreement and these Rules; and

(d) unless the disputing Parties disagree, the panel may decide not to convene a hearing.

Panels Regarding Investment Disputes in Financial Services

60. These rules shall apply to a panel convened under Article 1415(3) except that the terms of reference shall be as set out in Article 1415(2).

Responsible Section of the Secretariat

61. The responsible section of the Secretariat shall:

(a) provide administrative assistance to the panel and any scientific review board;

(b) compensate, and provide administrative assistance to, experts, panelists and their assistants, members of scientific review boards, interpreters, translators, court reporters or other individuals that it retains in a panel proceeding;

(c) make available to the panelists, on confirmation of their appointment, copies of the Agreement and other documents relevant to the proceedings, such as the Uniform Regulations and these Rules; and

(d) retain indefinitely a copy of the complete record of the panel proceeding.

Maintenance of Rosters

62. The Parties shall inform each section of the Secretariat of the composition of the roster established under Article 1414(3) and the roster established under Article 2009(1). The Parties shall promptly inform each section of the Secretariat of any changes made to the roster.