All Proceedings

  1. Rules 19 through 22 apply to Proceedings initiated under this Chapter.
  2. The Party or Person claiming Tariff Costs or Additional Costs shall submit a statement of costs to the Presiding Body within such time as required by the Presiding Body, and shall provide a copy thereof to the other Disputing Parties or Disputants.
  3. Operational Costs are immediately due and payable to the Internal Trade Secretariat Corporation.
  4. When considering the conduct of the Disputing Parties or Disputants in apportioning costs, the Panel, Compliance Panel, or Appellate Panel shall consider whether the conduct of the Disputing Party or Disputant contributed to efficient and expeditious Proceedings or unnecessarily increased the length and costs of the Proceedings.  Relevant considerations include whether the Disputing Party or Disputant:
    1. complied with Annex 1007.1 and 1024.1 or Annex 1021, as the case may be;
    2. complied with decisions, directions, and orders of the Presiding Body, including those made in respect of procedural matters;
    3. co-operated with the other Participating Parties or Participants, the Presiding Body, and the Secretariat, and acted in good faith throughout the Proceedings, including in the timely exchange of information; and
    4. participated in any pre-hearing conferences and hearings in an informed and responsible manner.

 

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