Article 9 Hearings

Based upon the timetable determined pursuant to point (c) of Article 4(1), after consulting with the Parties and the other arbitrators, the Chairperson of the arbitration panel shall notify the Parties of the date, time and venue of the hearing. This information shall be made publicly available by the Party in whose territory the hearing takes place, unless the hearing is closed to the public.

Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is an SADC EPA State or the Southern African Customs Union (SACU), as the case may be, and in the territories of the SADC EPA States if the complaining Party is the European Union. If the dispute concerns a measure maintained by an SADC EPA State, the hearing shall take place in the territory of that State, unless that State gives written notice to the arbitration panel within 10 days of its establishment that another venue should be used.

The Party complained against shall bear the expenses derived from the logistical administration of the hearing, including the costs relating to renting the venue for the hearing. Such costs shall not include any costs for translation or interpretation, or any costs associated with or payable to the advisers, the arbitrators or the arbitrators' administrative staff or assistant(s).

The arbitration panel may convene additional hearings if the Parties so agree.

All arbitrators shall be present during the entirety of the hearing.

Unless the Parties agree otherwise, the following persons may attend the hearing, irrespective of whether the hearing is open to the public or not:

No later than seven days before the date of a hearing, each Party shall deliver to the arbitration panel and to the other Party a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives and advisers who will be attending the hearing.

Pursuant to Article 89(2) of the Agreement, the hearings of the arbitration panel shall be open to the public, unless the arbitration panel decides otherwise on its own motion or at the request of the Parties.

The arbitration panel shall, in consultation with the Parties, decide on appropriate logistical arrangements and procedures to ensure that hearings which are open are managed in an effective way. These procedures could include the use of live web-broadcasting or of closed-circuit television.

The arbitration panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time in both argument and rebuttal argument:

• Argument

  1. (a)

     argument of the complaining Party;

  2. (b)

     argument of the Party complained against.

• Rebuttal argument

  1. (a)

     reply of the complaining Party;

  2. (b)

     counter-reply of the Party complained against.

The arbitration panel may direct questions to either Party at any time during the hearing.

The arbitration panel shall arrange for a transcript of the hearing to be prepared and delivered to the Parties within a reasonable amount of time after the hearing. The Parties may comment on the transcript, and the arbitration panel may consider those comments.

Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing within 10 days of the date of the hearing.