Article 9 Hearings

Based upon the timetable determined pursuant to Article 5(1), and 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. The Party responsible for the logistical administration of the proceeding shall make this information available to the public, subject to Article 11.

Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is the Central Africa Party and in Yaoundé if the complaining Party is the European Union.

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

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

The following persons may attend the hearing, irrespective of whether or not the proceeding is open to the public:

No later than five 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 natural persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing.

The arbitration panel shall ensure that the complaining Party and the Party complained against are afforded equal speaking time. It shall conduct the hearing as follows:

• 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 time after the hearing. The Parties may comment on the transcript, and the arbitration panel may consider those comments.

Each Party may deliver to the arbitrators and to the other Party a supplementary written submission concerning any matter arising during the hearing within ten days of the date of the hearing.