Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2018/0096 (NLE)**

**Brussels, 18 September 2018**
**(OR. en)**

**7980/18**

**ADD 1**

**WTO 84**

**SERVICES 33**

**FDI 20**

**COASI 101**

**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**

Subject: Investment Protection Agreement between the European Union and its
Member States, of the one part, and the Republic of Singapore, of the other
part

7980/18 ADD 1 JU/sr
# RELEX.1.A  EN

**ANNEX 1**

EXPROPRIATION

The Parties confirm their shared understanding that:

1. Article 2.6 (Expropriation) addresses two situations. The first is direct expropriation, where a

covered investment is nationalised or otherwise directly expropriated through formal transfer

of title or outright seizure. The second is indirect expropriation, where a measure or series of

measures by a Party has an effect equivalent to direct expropriation in that it substantially

deprives the covered investor of the fundamental attributes of property in its covered

investment, including the right to use, enjoy and dispose of its covered investment, without

formal transfer of title or outright seizure.

2. The determination of whether a measure or series of measures by a Party, in a specific

situation, constitutes an indirect expropriation requires a case-by-case, fact-based inquiry that

considers, among other factors:

(a) the economic impact of the measure or series of measures and its duration, although the

fact that a measure or a series of measures by a Party has an adverse effect on the

economic value of an investment, standing alone, does not establish that an indirect

expropriation has occurred;

EU/SG/Annex 1/en 1

(b) the extent to which the measure or series of measures interferes with the possibility to

use, enjoy or dispose of the property; and

(c) the character of the measure or series of measures, notably its object, context and intent.

For greater certainty, except in the rare circumstance where the impact of a measure or series

of measures is so severe in light of its purpose that it appears manifestly excessive, non

discriminatory measure or series of measures by a Party that are designed and applied to

protect legitimate public policy objectives such as public health, safety and the environment,

do not constitute indirect expropriation.

________________

EU/SG/Annex 1/en 2

**ANNEX 2**

LAND EXPROPRIATION

1. Notwithstanding Article 2.6 (Expropriation), where Singapore is the expropriating Party, any

measure of expropriation relating to land, which shall be as defined in the Land Acquisition

Act (Chapter 152) **[1]**, shall be upon payment of compensation at market value in accordance

with the aforesaid legislation.

2. For the purposes of this Agreement, any measure of expropriation under the Land Acquisition

Act (Chapter 152) should be for a public purpose or incidental to a public purpose.

________________

**1** Land Acquisition Act (Chapter 152) as of the date of the entry into force of this Agreement.

EU/SG/Annex 2/en 1

**ANNEX 3**

EXPROPRIATION AND INTELLECTUAL PROPERTY RIGHTS

For greater certainty, the revocation, limitation or creation of intellectual property rights, to the

extent that the measure is consistent with the TRIPS Agreement and Chapter Ten (Intellectual

Property) of EUSFTA, does not constitute expropriation. Moreover, a determination that the

measure is inconsistent with the TRIPS Agreement and Chapter Ten (Intellectual Property) of

EUSFTA does not establish that there has been an expropriation.

________________

EU/SG/Annex 3/en 1

**ANNEX 4**

PUBLIC DEBT

1. No claim that a restructuring of debt of a Party breaches an obligation of

Chapter Two (Investment Protection) may be submitted, or if already submitted, be pursued

under Section A (Resolution of Disputes between Investors and Parties) of Chapter Three

(Dispute Settlement) if the restructuring is a negotiated restructuring at the time of submission

or becomes a negotiated restructuring after such submission, except for a claim that the

restructuring violates Article 2.3 (National Treatment) **[1]** .

2. Notwithstanding Article 3.6 (Submission of Claims to the Tribunal) under

Chapter Three (Dispute Settlement) Section A (Resolution of Disputes between Investors and

Parties), and subject to paragraph 1 of this Annex, an investor may not submit a claim under

Chapter Three (Dispute Settlement) Section A (Resolution of Disputes between Investors and

Parties) that a restructuring of debt of a Party breaches an obligation under

Chapter Two (Investment Protection) other than Article 2.3 (National Treatment), unless

270 days have elapsed from the date of submission by the claimant of the written request for

consultations pursuant to Article 3.3 (Consultations) under Chapter Three (Dispute

Settlement) Section A (Resolution of Disputes between Investors and Parties).

**1** For the purpose of this Annex, the mere fact that the relevant treatment distinguishes between
investors or investments on the basis of legitimate public policy objectives in the context of a
debt crisis or threat thereof does not amount to a breach of Article 2.3 (National Treatment).

EU/SG/Annex 4/en 1

3. For the purposes of this Annex:

"negotiated restructuring" means the restructuring or rescheduling of debt of a Party that has

been effected through (i) a modification or amendment of debt instruments, as provided for

under their terms, including their governing law, or (ii) a debt exchange or other similar

process in which the holders of no less than 75 % of the aggregate principal amount of the

outstanding debt subject to restructuring have consented to such debt exchange or other

process;

"governing law" of a debt instrument means a jurisdiction's legal and regulatory framework

applicable to that debt instrument.

4. For greater certainty, "debt of a Party" includes, in the case of the Union, debt of a

government of a Member State of the Union, or of a Government in a Member State of the

Union, at the central, regional or local level.

________________

EU/SG/Annex 4/en 2

**ANNEX 5**

AGREEMENTS REFERRED TO IN ARTICLE 4.12

The agreements between Member States of the Union and Singapore are:

1. Agreement between the Government of the Republic of Singapore and the Government of the

Republic of Bulgaria on the Mutual Promotion and Protection of Investments, done at

Singapore on 15 September 2003;

2. Agreement between the Government of the Republic of Singapore and the Belgo-Luxemburg

Economic Union on the Promotion and Protection of Investments, done at Brussels on 17

November 1978;

3. Agreement between the Government of the Republic of Singapore and the Government of the

Czech Republic on the Promotion and Protection of Investments, done at Singapore on

8 April 1995;

4. Treaty between the Federal Republic of Germany and the Republic of Singapore concerning

the Promotion and Reciprocal Protection of Investments, done at Singapore on

3 October 1973;

EU/SG/Annex 5/en 1

5. Agreement between the Government of the Republic of Singapore and the Government of the

Republic of France concerning the Promotion and the Protection of Investments, done at Paris

on 8 September 1975;

6. Agreement between the Government of the Republic of Singapore and the Government of the

Republic of Latvia on the Promotion and Protection of Investments, done at Singapore on

7 July 1998;

7. Agreement between the Republic of Singapore and the Republic of Hungary on the Promotion

and Protection of Investments, done at Singapore on 17 April 1997;

8. Agreement on Economic Cooperation between the Government of the Kingdom of the

Netherlands and the Government of the Republic of Singapore, done at Singapore on

16 May 1972;

9. Agreement between the Government of the Republic of Singapore and the Government of the

Republic of Poland on the Promotion and Protection of Investments, done at Warsaw, Poland,

on 3 June 1993;

10. Agreement between the Government of the Republic of Singapore and the Government of the

Republic of Slovenia on the Mutual Promotion and Protection of Investments, done at

Singapore on 25 January 1999;

EU/SG/Annex 5/en 2

11. Agreement between the Republic of Singapore and the Slovak Republic on the Promotion and

Reciprocal Protection of Investments, done at Singapore on 13 October 2006; and

12. Agreement between the Government of the Republic of Singapore and the Government of the

United Kingdom of Great Britain and Northern Ireland for the Promotion and Protection of

Investments, done at Singapore on 22 July 1975.

________________

EU/SG/Annex 5/en 3

**ANNEX 6**

MEDIATION MECHANISM

FOR DISPUTES BETWEEN INVESTORS AND PARTIES

ARTICLE 1

Objective

The objective of the mediation mechanism is to facilitate the finding of a mutually agreed solution

through a comprehensive and expeditious procedure with the assistance of a mediator.

SECTION A

PROCEDURE UNDER THE MEDIATION MECHANISM

ARTICLE 2

Initiation of the Procedure

1. At any time, the disputing party may request the initiation of a mediation procedure. Such

request shall be addressed to the other party in writing.

EU/SG/Annex 6/en 1

2. The party to which such request is addressed shall give sympathetic consideration to the

request and reply by accepting or rejecting it in writing within ten days of its receipt.

3. Where the request relates to any treatment by an institution, body or agency of the Union or

by any Member State of the Union, and no respondent has been determined pursuant to

paragraph 2 of Article 3.5 (Notice of Intent), the request shall be addressed to the Union. If

the Union accepts the request, the response shall specify whether the Union or the

Member State of the Union concerned will be a party to the mediation procedure. **[1]**

ARTICLE 3

Selection of the Mediator

1. The disputing parties shall endeavour to agree on a mediator no later than 15 days after the

receipt of the reply to the request referred to in paragraph 2 of Article 2 (Initiation of the

Procedure) of this Annex. Such agreement may include appointing a mediator from the

Members of the Tribunal established according to Article 3.9 (Tribunal of First Instance).

**1** For greater certainty, where the request concerns treatment by the Union, the party to the
mediation shall be the Union and any Member State of the Union concerned shall be fully
associated in the mediation. Where the request concerns exclusively treatment by a Member
State of the Union, the party to the mediation shall be the Member State of the Union
concerned, unless it requests the Union to be party.

EU/SG/Annex 6/en 2

2. If the disputing parties cannot agree on the mediator pursuant to paragraph 1, either disputing

party may request the President of the Tribunal to select the mediator by lot from the

Members of the Tribunal established pursuant to Article 3.9 (Tribunal of First Instance). The

President of the Tribunal shall select the mediator within ten working days of the request by

either disputing party.

3. The mediator shall not be a national of either Party, unless the disputing parties agree

otherwise.

4. The mediator shall assist the disputing parties, in an impartial and transparent manner, in

bringing clarity to the measure and its possible adverse effects on investment, and in reaching

a mutually agreed solution.

ARTICLE 4

Rules of the Mediation Procedure

1. Within ten days of the appointment of the mediator, the disputing party having invoked the

mediation procedure shall present a detailed written description of the problem to the

mediator and to the other disputing party, describing in particular the operation of the measure

at issue and its adverse effects on investment. Within 20 days of the date of delivery of that

submission, the other disputing party may provide its written comments on the description of

the problem. Either disputing party may include any information that it deems relevant in its

description of the problem or its comments thereon.

EU/SG/Annex 6/en 3

2. The mediator may decide on the most appropriate way of bringing clarity to the measure

concerned and its possible adverse effects on investment. In particular, the mediator may

organise meetings between the disputing parties, may consult the disputing parties jointly or

individually, may seek the assistance of or consult with relevant experts and stakeholders, and

may provide any additional support requested by the disputing parties. However, before

seeking the assistance of or consulting with relevant experts and stakeholders, the mediator

shall consult with the disputing parties.

3. The mediator may offer advice and may propose a solution for the consideration of the

disputing parties, who may accept or reject the proposed solution or may agree on a different

solution. However, the mediator shall not advise or give comments on whether the measure at

issue is consistent with Chapter Two (Investment Protection).

4. The mediation procedure shall take place in the territory of the disputing party to which the

request was addressed, or by mutual agreement, at any other location or by any other means.

5. The disputing parties shall endeavour to reach a mutually agreed solution within 60 days of

the appointment of the mediator. Pending a final agreement, the disputing parties may

consider possible interim solutions.

6. Mutually agreed solutions shall be made publicly available. However, the version disclosed to

the public may not contain any information that a disputing party has designated as

confidential.

EU/SG/Annex 6/en 4

7. The mediation procedure shall be terminated:

(a) by the adoption of a mutually agreed solution by the disputing parties, in which case the

mediation procedure shall terminate on the date of adoption;

(b) by the mutual agreement of the disputing parties at any stage of the mediation

procedure, in which case the mediation procedure shall terminate on the date of that

agreement;

(c) by the written declaration of the mediator, after having consulted with the disputing

parties, that further efforts at mediation would be to no avail, in which case the

mediation procedure shall terminate on the date of such declaration; or

(d) by the written declaration of either disputing party after having explored mutually

agreed solutions under the mediation procedure and after having considered any advice

and proposed solutions by the mediator, in which case the mediation procedure shall

terminate on the date of that declaration.

EU/SG/Annex 6/en 5

SECTION B

IMPLEMENTATION

ARTICLE 5

Implementation of a Mutually Agreed Solution

1. Where the disputing parties have agreed to a solution, each disputing party shall take the

measures necessary to implement the mutually agreed solution within the agreed timeframe.

2. The implementing disputing party shall inform the other disputing party in writing of any

steps or measures taken to implement the mutually agreed solution.

3. At the request of the disputing parties, the mediator shall issue to the disputing parties a draft

written factual report, which shall provide a brief summary of: (i) the measure at issue in these

proceedings; (ii) the procedures followed; and (iii) any mutually agreed solution reached as

the final outcome of these proceedings, including possible interim solutions. The mediator

shall provide the disputing parties 15 days to comment on the draft report. After considering

the comments of the disputing parties submitted within that period, the mediator shall submit

a final written factual report to the disputing parties within 15 days. The final written factual

report shall not include any interpretation of this Agreement.

EU/SG/Annex 6/en 6

SECTION C

GENERAL PROVISIONS

ARTICLE 6

Relationship to Dispute Settlement

1. The mediation procedure is not intended to serve as a basis for dispute settlement procedures

under this Agreement or any other agreement. A disputing party shall not rely on or introduce

as evidence in such dispute settlement procedures, nor shall any adjudicatory body, tribunal or

panel take into consideration:

(a) positions taken by a disputing party in the course of the mediation procedure;

(b) the fact that a disputing party has indicated its willingness to accept a solution to the

measure subject to mediation; or

(c) advice given or proposals made by the mediator.

2. The mediation mechanism is without prejudice to the legal positions of the Parties and the

disputing parties under Chapter Three (Dispute Settlement) Section A (Resolution of Disputes

between Investors and Parties) or Section B (Resolution of Disputes between Parties).

EU/SG/Annex 6/en 7

3. Without prejudice to paragraph 6 of Article 4 (Rules of the Mediation Procedure) of this

Annex, and unless the disputing parties agree otherwise, all steps of the mediation procedure,

including any advice that may be given or solution that may be proposed, are confidential.

However, either disputing party may disclose to the public the fact that mediation is taking

place.

ARTICLE 7

Time Limits

Any time limit referred to in this Annex may be modified by mutual agreement between the

disputing parties.

ARTICLE 8

Costs

1. Each disputing party shall bear its own expenses arising from the participation in the

mediation procedure.

EU/SG/Annex 6/en 8

2. The disputing parties shall share the expenses that arise from organisational matters equally,

including the remuneration and expenses of the mediator. The fees and expenses of the

mediators shall be in accordance with those determined pursuant to Regulation 14(1) of the

Administrative and Financial Regulations of the ICSID Convention in force on the date of the

initiation of the mediation.

________________

EU/SG/Annex 6/en 9

**ANNEX 7**

CODE OF CONDUCT FOR MEMBERS OF THE TRIBUNAL,

THE APPEAL TRIBUNAL AND MEDIATORS

Definitions

1. In this Code of Conduct:

"Member" means a Member of the Tribunal or a Member of the Appeal Tribunal established

pursuant to Chapter Three (Dispute Settlement) Section A (Resolution of Disputes between

Investors and Parties);

"mediator" means a person who conducts mediation in accordance with Chapter Three

(Dispute Settlement) Section A (Resolution of Disputes between Investors and Parties);

"candidate" means an individual who is under consideration for selection as a Member;

"assistant" means a person who, under the terms of appointment of a Member, conducts

research or provides assistance to the Member; and

"staff", in respect of a Member, means persons under the direction and control of the Member,

other than assistants.

EU/SG/Annex 7/en 1

Responsibilities to the process

2. Every candidate and Member shall avoid impropriety and the appearance of impropriety, shall

be independent and impartial, shall avoid direct and indirect conflicts of interests, and shall

observe high standards of conduct, so that the integrity and impartiality of the dispute

settlement mechanism is preserved. Members shall not take instructions from any

organisation or government with regard to matters before the Tribunal or the Appeal Tribunal.

Former Members must comply with the obligations laid down in paragraphs 15 to 21 of this

Code of Conduct.

Disclosure obligations

3. Prior to his or her appointment as a Member, a candidate shall disclose to the Parties any past

or present interest, relationship or matter that is likely to affect his or her independence or

impartiality, or that might reasonably create an appearance of impropriety or bias. To this end,

a candidate shall make all reasonable efforts to become aware of any such interests,

relationships and matters.

4. A Member shall communicate matters concerning actual or potential violations of this Code

of Conduct to the disputing parties and the non-disputing Party.

EU/SG/Annex 7/en 2

5. Members shall at all times continue to make all reasonable efforts to become aware of any

interests, relationships or matters referred to in paragraph 3 of this Code of Conduct and shall

disclose them. The disclosure obligation is a continuing duty which requires a Member to

disclose any such interests, relationships or matters that may arise during any stage of the

proceeding, at the earliest time the Member becomes aware of it. The Member shall disclose

such interests, relationships and matters by informing the disputing parties and the non

disputing Party in writing, for their consideration.

Duties of Members

6. A Member shall perform his or her duties thoroughly and expeditiously throughout the course

of the proceeding and with fairness and diligence.

7. A Member shall consider only those issues that are raised in the proceeding and that are

necessary for a ruling and shall not delegate this duty to any other person.

8. A Member shall take all appropriate steps to ensure that his or her assistants and staff are

aware of, and comply with paragraphs 2, 3, 4, 5, 19, 20 and 21 of this Code of Conduct.

9. A Member shall not engage in _ex parte_ contacts concerning the proceeding.

EU/SG/Annex 7/en 3

Independence and impartiality of Members

10. A Member shall be independent and impartial, shall avoid creating an appearance of bias or

impropriety, and shall not be influenced by self-interest, outside pressure, political

considerations, public clamour, loyalty to a disputing party or a non-disputing Party, or fear of

criticism.

11. A Member shall not directly or indirectly incur any obligation or accept any benefit that

would in any way interfere or appear to interfere, with the proper performance of his or her

duties.

12. A Member may not use his or her position on the Tribunal to advance any personal or private

interests, and shall avoid actions that may create the impression that others are in a special

position to influence him or her.

13. A Member may not allow financial, business, professional, family or social relationships or

responsibilities to influence his or her conduct or judgement.

14. A Member shall avoid entering into any relationship, or acquiring any financial interest, that

is likely to affect his or her impartiality, or that might reasonably create an appearance of

impropriety or bias.

EU/SG/Annex 7/en 4

Obligations of former Members

15. All former Members must avoid actions that may create the appearance that they were biased

in carrying out their duties or that they derived any advantage from the decision or ruling of

the Tribunal or the Appeal Tribunal.

16. Without prejudice to Article 3.9(5) (Tribunal of First Instance) and Article 3.10(4) (Appeal

Tribunal), Members shall undertake that, after the end of their term, they shall not become

involved in any manner whatsoever:

(a) in investment disputes which were pending before the Tribunal or the Appeal Tribunal

before the end of their term;

(b) in investment disputes directly and clearly connected with disputes, including concluded

disputes, which they have dealt with as Members of the Tribunal or the Appeal

Tribunal.

17. Members shall undertake that, for a period of three years after the end of their term, they shall

not act as representatives of any of the disputing parties in investment disputes before the

Tribunal or the Appeal Tribunal.

EU/SG/Annex 7/en 5

18. If the President of the Tribunal or the President of the Appeal Tribunal is informed or

otherwise becomes aware that a former Member of the Tribunal or of the Appeal Tribunal,

respectively, is alleged to have breached the obligations set out in paragraphs 15 to 17, the

President shall examine the matter and provide an opportunity to the former Member to be

heard. If, after verification, he finds that the alleged breach to be confirmed, he shall inform:

(a) the professional body or other such institution with which that former Member is

affiliated;

(b) the Parties; and

(c) the president of any other relevant investment tribunal or appeal tribunal.

The President of the Tribunal or the President of the Appeal Tribunal shall make public any

findings pursuant to this paragraph.

Confidentiality

19. No Member or former Member shall at any time disclose or use any non-public information

concerning a proceeding or acquired during a proceeding, except for the purposes of that

proceeding, and, in particular, shall not disclose or use any such information for personal

advantage or an advantage for others or to affect the interest of others.

20. A Member shall not disclose a decision or award or parts thereof prior to its publication in

accordance with Annex 8.

EU/SG/Annex 7/en 6

21. A Member or former Member shall not at any time disclose the deliberations of the Tribunal

or Appeal Tribunal, or any Member's view regarding the deliberations.

Expenses

22. Each Member shall keep a record and render a final account of the time devoted to the

proceedings and of the expenses incurred.

Mediators

23. The disciplines described in this Code of Conduct applying to Members or former Members

shall apply, _mutatis mutandis_, to mediators.

Consultative Committee

24. The President of the Tribunal and the President of the Appeal Tribunal shall each be assisted

by a Consultative Committee, composed of the respective Vice-President and the most senior

member by age of the Tribunal and the Appeal Tribunal respectively, for ensuring the proper

application of this Code of Conduct, Article 3.11 (Ethics) and for the execution of any other

task, where so provided.

________________

EU/SG/Annex 7/en 7

**ANNEX 8**

RULES ON PUBLIC ACCESS TO DOCUMENTS,

HEARINGS AND THE POSSIBILITY

OF THIRD PERSONS TO MAKE SUBMISSIONS

ARTICLE 1

1. Subject to Articles 2 and 4 of this Annex, the respondent, after receiving the following

documents, shall promptly transmit them to the non-disputing Party and to the repository

referred to in Article 5 of this Annex, who shall make them available to the public:

(a) the request for consultations referred to in paragraph 1 of Article 3.3 (Consultations);

(b) the notice of intent referred to in paragraph 1 of Article 3.5 (Notice of Intent);

(c) the determination of the respondent referred to in paragraph 2 of Article 3.5 (Notice of

Intent);

(d) the submission of a claim referred to in Article 3.6 (Submission of Claim to Tribunal);

EU/SG/Annex 8/en 1

(e) pleadings, memorials, and briefs submitted to the Tribunal by a disputing party, expert

reports, and any written submissions submitted pursuant to

Article 3.17 (The non-disputing Party to the Agreement) and Article 3 of this Annex;

(f) minutes or transcripts of hearings of the Tribunal, where available; and

(g) orders, awards, and decisions of the Tribunal or, where applicable, of the President or

Vice President of the Tribunal.

2. Subject to the exceptions set out in Article 4 of this Annex, the Tribunal may decide, on its

own initiative or upon request from any person, and after consultation with the disputing

parties, whether and how to make available any other documents not falling within

paragraph 1 that were provided to or issued by the Tribunal. This may include, for example,

making such documents available at a specified site or through the repository referred to in

Article 5 of this Annex.

ARTICLE 2

The Tribunal shall conduct hearings open to the public and shall determine, the appropriate

logistical arrangements in consultation with the disputing parties. However, any disputing party that

intends to use information designated as protected information in a hearing shall so advise the

Tribunal. The Tribunal shall make appropriate arrangements to protect such information from

disclosure.

EU/SG/Annex 8/en 2

ARTICLE 3

1. After consultations with the disputing parties, the Tribunal may allow a person who is not a

disputing party and not a non-disputing Party to the Agreement (hereinafter referred to as

"third person") to file a written submission with the Tribunal regarding a matter within the

scope of the dispute.

2. A third person wishing to make a submission shall apply to the Tribunal, providing the

following written information in a language of the proceedings, in a concise manner, and

within such page limits as may be set by the Tribunal:

(a) a description of the third person, including, where relevant, its membership and legal

status (e.g. trade association or other non-governmental organisation), its general

objectives, the nature of its activities, and any parent organisation, including any

organisation that directly or indirectly controls the third person;

(b) the disclosure of any connections, direct or indirect, which the third person has with any

disputing party;

(c) information on any government, person or organisation that has provided any financial

or other assistance in preparing the submission or that has provided substantial

assistance to the third person in either of the two years preceding the application by the

third person under this Article (e.g. funding around 20 per cent of its overall operations

annually);

EU/SG/Annex 8/en 3

(d) a description of the nature of the interest that the third person has in the proceedings;

and

(e) identification of the specific issues of fact or law in the proceedings that the third person

wishes to address in its written submission.

3. In determining whether to allow such a submission, the Tribunal shall take into consideration,

among other things:

(a) whether the third person has a significant interest in the proceedings; and

(b) the extent to which the submission would assist the Tribunal in the determination of a

factual or legal issue related to the proceedings, by bringing perspectives, particular

knowledge or insights that are different from that of the disputing parties.

4. The submission filed by the third person shall:

(a) be dated and signed by the person filing the submission on behalf of the third person;

(b) be concise, and in no case longer than as authorised by the Tribunal;

(c) set out a precise statement of the third person's position on issues; and

(d) only address matters within the scope of the dispute.

EU/SG/Annex 8/en 4

5. The Tribunal shall ensure that such submissions do not disrupt or unduly burden the

proceedings or unfairly prejudice any disputing party. The Tribunal may adopt any

appropriate procedures where necessary to manage multiple submissions.

6. The Tribunal shall ensure that the disputing parties are given a reasonable opportunity to

present their observations on any submission by a third person.

ARTICLE 4

1. Confidential or protected information, as defined in paragraph 2, that has been identified in

accordance with this Article, shall not be made available to the public.

2. Confidential or protected information consists of:

(a) confidential business information;

(b) information which is protected against being made available to the public under this

Agreement;

(c) information which is protected against being made available to the public, in the case of

information of the respondent, under the law of the respondent and in the case of other

information, under any law or rules determined to be applicable to the disclosure of

such information by the Tribunal.

EU/SG/Annex 8/en 5

3. Where a document other than an order or decision of the Tribunal is to be made available to

the public pursuant to paragraph 1 of Article 1 of this Annex, at the time of submission of the

document, the disputing party, non-disputing Party or third person who submits the document

shall:

(a) indicate whether it contends that the document contains information which must be

protected from publication;

(b) clearly designate the information at the time it is submitted to the Tribunal; and

(c) promptly or within the time set by the Tribunal, submit a redacted version of the

document that does not contain such information.

4. Where a document other than an order or decision of the Tribunal is to be made available to

the public pursuant to a decision of the Tribunal under paragraph 2 of Article 1 of this Annex,

within 30 days of the Tribunal's decision that the document is to be made available to the

public, the disputing party, non-disputing Party or third person who has submitted the

document shall indicate whether it contends that the document contains information which

must be protected from disclosure and submit a redacted version of the document that does

not contain the said information.

5. Where a redaction is proposed under paragraph 4, any disputing party other than the person

who submitted the document in question may object to the proposed redaction or propose that

the document be redacted differently. Any such objection or counter-proposal shall be made

within 30 days of receipt of the proposed redacted document.

EU/SG/Annex 8/en 6

6. Where an order, decision or award of the Tribunal is to be made available to the public

pursuant to paragraph 1 of Article 1 of this Annex, the Tribunal shall give all disputing parties

an opportunity to make submissions as to the extent to which the document contains

information which must be protected from publication and to propose redaction of the

document to prevent the publication of the said information.

7. The Tribunal shall rule on all questions relating to the proposed redaction of documents under

paragraphs 3 to 6, and shall determine, in the exercise of its discretion, the extent to which

any information contained in documents which are to be made available to the public, should

be redacted.

8. If the Tribunal determines that information should not be redacted from a document pursuant

to paragraphs 3 to 6, or that a document should not be prevented from being made available to

the public, within 30 days of the Tribunal's determination, the disputing party, non-disputing

Party or third person that voluntarily submitted the document into the record may:

(a) withdraw all or part of the document containing such information from the record of the

proceedings; or

(b) resubmit the document in a form which complies with the Tribunal's determination.

EU/SG/Annex 8/en 7

9. Any disputing party that intends to use information which it contends is confidential or

protected information in a hearing shall so advise the Tribunal. The Tribunal, after

consultation with the disputing parties, shall decide whether that information should be

protected and shall make arrangements to prevent any protected information from becoming

public in accordance with Article 2 of this Annex.

10. Information shall not be made available to the public where the information, if made available

to the public, would jeopardise the integrity of the dispute settlement process as determined

pursuant to paragraph 11.

11. The Tribunal, on its own initiative or upon the application of a disputing party, after

consultation with the disputing parties where practicable, may take appropriate measures to

restrain or delay the publication of information where such publication would jeopardise the

integrity of the dispute settlement process:

(a) because it could hamper the collection or production of evidence; or

(b) because it could lead to the intimidation of witnesses, lawyers acting for disputing

parties, or members of the Tribunal; or

(c) in comparably exceptional circumstances.

EU/SG/Annex 8/en 8

ARTICLE 5

The Secretary-General of the United Nations, through the UNCITRAL Secretariat, shall act as

repository and shall make available to the public information pursuant to this Annex.

ARTICLE 6

Where this Annex provides for the Tribunal to exercise discretion, when exercising that discretion

the Tribunal shall take into account:

(a) the public interest in transparency in treaty-based investment dispute resolution and of the

particular proceedings; and

(b) the disputing parties' interest in a fair and efficient resolution of their dispute.

________________

EU/SG/Annex 8/en 9

**ANNEX 9**

RULES OF PROCEDURE FOR ARBITRATION

General provisions

1. In Section B (Resolution of Disputes between Parties) of Chapter Three (Dispute Settlement)

and under this Annex:

"adviser" means a person retained by a Party to advise or assist that Party in connection with

the arbitration panel proceeding;

"arbitrator" means a member of an arbitration panel established under

Article 3.29 (Establishment of the Arbitration Panel);

"assistant" means a person who, under the terms of appointment of an arbitrator, conducts

research or provides assistance to the arbitrator;

"complaining Party" means any Party that requests the establishment of an arbitration panel

under Article 3.28 (Initiation of Arbitration Procedure);

"Party complained against" means the Party that is alleged to be in violation of the provisions

referred to in Article 3.25 (Scope);

EU/SG/Annex 9/en 1

"arbitration panel" means a panel established under Article 3.29 (Establishment of the

Arbitration Panel);

"representative of a Party" means an employee or any person appointed by a government

department, government agency, or any other public entity of a Party who represents that

Party for the purposes of a dispute under this Agreement.

2. This Annex applies to dispute settlement proceedings under Chapter Three (Dispute

Settlement) Section B (Resolution of Disputes between Parties), unless the Parties agree

otherwise.

3. The Party complained against shall be in charge of the logistical administration of dispute

settlement proceedings, in particular the organisation of hearings, unless otherwise agreed.

The Parties shall share equally the expenses arising from organisational matters, including the

expenses of the arbitrators.

Notifications

4. The Parties and the arbitration panel shall transmit any request, notice, written submission or

other document by e-mail, with a copy submitted on the same day by facsimile transmission,

registered post, courier, delivery against receipt or any other means of telecommunication that

provides a record of the sending thereof. Unless proven otherwise, an e-mail message shall be

deemed to be received on the date of its sending.

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5. Each Party shall provide an electronic copy of each of its written submissions and rebuttals to

each of the arbitrators and to the other Party simultaneously. A paper copy of the document

shall also be provided.

6. All notifications shall be addressed to the Director-General, Directorate-General for Trade of

the European Commission and to the Director, North America and Europe Division,

Singapore Ministry of Trade and Industry, respectively.

7. Minor errors of a clerical nature in any request, notice, written submission or other document

related to the arbitration panel proceeding may be corrected by delivery of a new document

clearly indicating the changes, unless the other Party objects.

8. If the last day for delivery of a document falls on an official legal holiday of Singapore or of

the Union, the document shall be delivered on the next business day.

Commencing the arbitration

9. (a) If, pursuant to Article 3.29 (Establishment of the Arbitration Panel) or to Rules 21, 23

or 50 of this Annex, arbitrators are selected by lot, representatives of both Parties are

entitled to be present when the lots are drawn.

EU/SG/Annex 9/en 3

(b) Unless the Parties agree otherwise, they shall meet with the arbitration panel within

seven days of its establishment, in order to determine such matters as the Parties or the

arbitration panel consider appropriate, including the remuneration and expenses to be

paid to the arbitrators. Arbitrators and representatives of the Parties may take part in

such meetings via telephone or video conference.

10. (a) Unless the Parties agree otherwise within seven days from the date of establishment of

the arbitration panel, the terms of reference of the arbitration panel shall be:

"to examine, in the light of the relevant provisions of the Agreement, the matter referred

to in the request for establishment of the arbitration panel made pursuant to Article 3.28;

to rule on the compatibility of the measure in question with the provisions referred to in

Article 3.25 by making findings of law and/or fact, together with the reasons thereof;

and to issue a ruling in accordance with Articles 3.31 and 3.32.".

(b) Where the Parties have agreed on the terms of reference of the arbitration panel, they

shall notify such agreement to the arbitration panel forthwith.

Initial submissions

11. The complaining Party shall deliver its initial written submission no later than 20 days after

the date of the establishment of the arbitration panel. The Party complained against shall

deliver its written counter-submission no later than 20 days after the date of the delivery of

the initial written submission.

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Working of arbitration panels

12. The chairperson of the arbitration panel shall preside at all meetings of the arbitration panel.

An arbitration panel may delegate authority to the chairperson to make administrative and

procedural decisions.

13. Unless otherwise provided in Chapter Three (Dispute Settlement) Section B (Resolution of

Disputes between Parties), the arbitration panel may conduct its activities by any means of

communication, including by telephone, facsimile transmissions or computer links.

14. Only arbitrators may take part in the deliberations of the arbitration panel, but the arbitration

panel may permit assistants to be present at its deliberations.

15. The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel,

and shall not be delegated.

16. Where a procedural question arises that is not covered by Chapter Three (Dispute Settlement)

Section B (Resolution of Disputes between Parties) and its Annexes, the arbitration panel,

after consulting the Parties, may adopt an appropriate procedure that is compatible with those

provisions.

17. Where the arbitration panel considers that there is a need to modify any time limit applicable

to the proceedings or to make any other procedural or administrative adjustment, it shall

inform the Parties in writing of the reasons for the change or adjustment and of the period or

adjustment needed.

EU/SG/Annex 9/en 5

Replacement

18. If an arbitrator is unable to participate in the proceeding, withdraws, or must be replaced, a

replacement shall be selected in accordance with Article 3.29 (Establishment of the

Arbitration Panel).

19. Where a Party considers that an arbitrator should be replaced because he or she does not

comply with the requirements of the Code of Conduct under Annex 11 (hereinafter referred to

as "Code of Conduct"), that Party should notify the other Party within 15 days from the time

at which it came to know of the circumstances underlying the arbitrator's non-compliance

with the Code of Conduct.

20. Where a Party considers that an arbitrator other than the chairperson does not comply with the

requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace

the arbitrator and select a replacement following the procedure set out in Article 3.29

(Establishment of the Arbitration Panel).

21. If the Parties fail to agree on the need to replace an arbitrator, any Party may request that such

matter be referred to the chairperson of the arbitration panel, whose decision shall be final.

If, pursuant to such a request, the chairperson finds that an arbitrator did not comply with the

requirements of the Code of Conduct, a new arbitrator shall be selected.

EU/SG/Annex 9/en 6

The Party which had selected the arbitrator who needs to be replaced shall select one

arbitrator from among the remaining relevant individuals on the list established under

paragraph 2 of Article 3.44 (Lists of Arbitrators). If the Party fails to select an arbitrator

within five days of the finding of the chairperson of the arbitration panel, the chair of the

Committee or the chair's delegate shall select an arbitrator by lot from the remaining relevant

individuals on the list established under paragraph 2 of Article 3.44 (Lists of Arbitrators)

within ten days of the finding of the chairperson of the arbitration panel.

Should the list provided for in paragraph 2 of Article 3.44 (Lists of Arbitrators) not be

established at the time required pursuant to paragraph 4 of Article 3.29 (Establishment of the

Arbitration Panel), the Party which had selected the arbitrator who needs to be replaced or, if

that Party fails, the chairperson of the Committee or the chairperson's delegate, shall select an

arbitrator within five days of the finding of the chairperson of the arbitration panel where:

(a) the Party had failed to propose individuals, from among the remaining individuals

proposed by the other Party pursuant to paragraph 2 of Article 3.44 (Lists of

Arbitrators); or

(b) the Parties had failed to agree on a list of names pursuant to Article paragraph 2 of

Article 3.44 (Lists of Arbitrators), from among the individuals the Party had proposed

pursuant to paragraph 2 of Article 3.44 (Lists of Arbitrators).

EU/SG/Annex 9/en 7

22. Where a Party considers that the chairperson of the arbitration panel does not comply with the

requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace

the chairperson and select a replacement following the procedure set out in Article 3.29

(Establishment of the Arbitration Panel)

23. If the Parties fail to agree on the need to replace the chairperson of the arbitration panel, any

Party may request that such matter be referred to a neutral third party. If the Parties are unable

to agree on a neutral third party, such matter shall be referred to one of the remaining

members on the list referred to under paragraph 1 of Article 3.44 (Lists of Arbitrators). Her or

his name shall be selected by lot by the chairperson of the Committee or by the chairperson's

delegate. The decision by this person on the need to replace the chairperson of the arbitration

panel shall be final.

If this person decides that the original chairperson of the arbitration panel did not comply with

the requirements of the Code of Conduct, the Parties shall agree on the replacement. If the

Parties fail to agree on a new chairperson of the arbitration panel, the chairperson of the

Committee, or the chairperson's delegate, shall select a new chairperson by lot from among

the remaining members on the list referred to under paragraph 1 of Article 3.44 (Lists of

Arbitrators). The remaining members on the list shall exclude, where relevant, the person who

decided that the original chairperson did not comply with the requirements of the Code of

Conduct. The selection of the new chairperson shall be done within five days of the finding of

the need to replace the chairperson.

EU/SG/Annex 9/en 8

24. The arbitration panel proceedings shall be suspended for the period during which the

procedures provided for in Rules 18, 19, 20, 21, 22 and 23 of this Annex are carried out.

Hearings

25. The chairperson shall fix the date and time of the hearing in consultation with the Parties and

the other arbitrators, and shall confirm this in writing to the Parties. This information shall

also be made publicly available by the Party in charge of the logistical administration of the

proceedings, unless the hearing is closed to the public. Unless a Party disagrees, the

arbitration panel may decide not to convene a hearing.

26. Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining

Party is Singapore and in Singapore if the complaining Party is the Union.

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

28. All arbitrators shall be present during the entirety of any hearings.

29. The following persons may attend the hearing, irrespective of whether the proceedings are

open to the public or not:

(a) representatives of the Parties;

(b) advisers to the Parties;

EU/SG/Annex 9/en 9

(c) administrative staff, interpreters, translators and court reporters; and

(d) arbitrators' assistants.

Only the representatives and advisers of the Parties may address the arbitration panel.

30. No later than five days before the date of a hearing, each Party shall simultaneously 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

or advisers who are to attend the hearing.

31. The hearings of the arbitration panels shall be open to the public, unless the Parties decide that

the hearings shall be partially or completely closed to the public. Where the hearings are open

to the public, unless the Parties agree otherwise, the following shall apply:

(a) public viewing shall take place via simultaneous closed circuit television broadcast to a

separate viewing room at the venue of the arbitration;

(b) registration for public viewing of the hearings shall be required;

(c) no audio or video recording or photography shall be permitted in the viewing room;

(d) the panel shall have the right to call for a closed session of any of the hearings in order

to address issues related to any confidential information.

EU/SG/Annex 9/en 10

The arbitration panel shall meet in closed session where the submission and arguments of a

Party contains confidential information. Exceptionally, the panel shall have the right to

conduct the hearing in a closed session at any time on its own initiative or at the request of

either Party.

32. 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:

Submissions

(a) submission of the complaining Party;

(b) counter-submission of the Party complained against;

Rebuttals

(a) rebuttal of the complaining Party;

(b) counter-rebuttal of the Party complained against.

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

34. The arbitration panel shall arrange for a transcript of each hearing to be prepared and

delivered to the Parties as soon as possible.

EU/SG/Annex 9/en 11

35. Each Party may submit to the arbitration panel and simultaneously to the other Party a

supplementary written submission concerning any matter that arose during the hearing within

ten days of the date of the hearing.

Questions in writing

36. The arbitration panel may address written questions at any time during the proceedings to one

or both Parties. Each of the Parties shall receive a copy of any written questions put by the

arbitration panel.

37. Each Party shall provide a copy of its written response to the arbitration panel's questions

simultaneously to the arbitration panel and to the other Party. Each Party shall be given the

opportunity to provide written comments on the other Party's response within five days of the

date of receipt.

EU/SG/Annex 9/en 12

Confidentiality

38. Where arbitration panel hearings are held in closed session, in accordance with Rule 31 of this

Annex, the Parties and their advisers shall maintain the confidentiality of the hearings, the

deliberations, the interim panel report, all written submissions to the panel, and all

communications with the panel. Each Party and its advisers shall treat as confidential any

information submitted by the other Party to the arbitration panel, where that Party has

designated such information as confidential. Where a Party's submission to the arbitration

panel contains confidential information, that Party shall also provide, upon the request of the

other Party, within 15 days, a non-confidential version of the submission that could be

disclosed to the public. Nothing in this Annex shall preclude a Party from disclosing

statements of its own positions to the public, when making reference to information submitted

by the other Party, to the extent that it does not disclose any information designated by the

other Party as confidential.

Ex parte contacts

39. The arbitration panel shall not meet, hear or otherwise contact a Party in the absence of the

other Party.

40. No arbitrators may discuss any aspect of the subject matter of the proceedings with a Party or

with the Parties in the absence of the other arbitrators.

EU/SG/Annex 9/en 13

Amicus curiae submissions

41. Unless the Parties agree otherwise within three days of the date of the establishment of the

arbitration panel, the arbitration panel may consider unsolicited written submissions from

interested natural or legal persons of the Parties, provided that those submissions are made

within ten days of the date of the establishment of the arbitration panel, that they are concise

and in no case are longer than 15 typed pages, including any annexes, and that they are

directly relevant to the factual issue under consideration by the arbitration panel.

42. The submission shall contain a description of the person making the submission, whether

natural or legal, including the person's nationality or place of establishment, the nature of the

person's activities and the source of the person's financing, and shall specify the nature of the

interest that the person has in the arbitration proceeding. It shall be submitted in the languages

chosen by the Parties in accordance with Rule 45 of this Annex.

43. The arbitration panel shall list in its ruling all the submissions it has received that conform to

Rules 41 and 42 of this Annex. The arbitration panel shall not be obliged to address in its

ruling the arguments made in such submissions. Any submission obtained by the arbitration

panel under this Annex shall be submitted to the Parties for their comments.

EU/SG/Annex 9/en 14

Urgent cases

44. In cases of urgency referred to in Chapter Three (Dispute Settlement) Section B (Resolution

of Disputes between Parties), the arbitration panel, after consulting the Parties, shall adjust the

time limits referred to in this Annex as appropriate and shall notify the Parties of such

adjustments.

Translation and interpretation

45. During the consultations referred to in Article 3.26 (Consultations), and no later than the

meeting referred to in Rule 9(b) of this Annex, the Parties shall endeavour to agree on a

common working language for the proceedings before the arbitration panel.

46. Any Party may provide comments on any translated version of a document drawn up in

accordance with this Annex.

47. In the event of any divergence over the interpretation of this Agreement, the arbitration panel

shall take account of the fact that this Agreement was negotiated in English.

EU/SG/Annex 9/en 15

Calculation of time-limits

48. Where, by reason of the application of Rule 8 of this Annex, a Party receives a document on a

date other than the date on which this document is received by the other Party, any period of

time that is calculated on the basis of the date of receipt of that document shall be calculated

from the last date of receipt of that document.

Other procedures

49. This Annex also applies to procedures under paragraph 2 of Article 3.34 (Reasonable Period

of Time for Compliance), paragraph 2 of Article 3.35 (Review of Any Measure Taken to

Comply with the Arbitration Panel Ruling), paragraph 3 of Article 3.36 (Temporary Remedies

in Case of Non-compliance), paragraph 2 of Article 3.37 (Review of Any Measure Taken to

Comply After the Adoption of Temporary Remedies for Non-Compliance). The time limits

laid down in this Annex shall be adjusted in line with the special time limits provided for the

adoption of rulings by the arbitration panel in those other procedures.

EU/SG/Annex 9/en 16

50. In the event that the original panel, or some of its members, are unable to reconvene for the

procedures under paragraph 2 of Article 3.34 (Reasonable Period of Time for Compliance),

paragraph 2 of Article 3.35 (Review of Any Measure Taken to Comply with the Arbitration

Panel Ruling), paragraph 3 of Article 3.36 (Temporary Remedies in Case of Non

compliance), or paragraph 2 of Article 3.37 (Review of Any Measure Taken to Comply After

the Adoption of Temporary Remedies for Non-Compliance), the procedures set out in Article

3.29 (Establishment of the Arbitration Panel) shall apply. The time limit for the notification of

the ruling shall be extended by 15 days.

________________

EU/SG/Annex 9/en 17

**ANNEX 10**

MEDIATION PROCEDURE FOR DISPUTES BETWEEN PARTIES

ARTICLE 1

Objective and Scope

1. The objective of this Annex is to facilitate the finding of a mutually agreed solution through a

comprehensive and expeditious procedure with the assistance of a mediator.

2. This Annex shall apply to any measure that is within the scope of this Agreement and that

adversely affects investment between the Parties, except as otherwise provided.

ARTICLE 2

Request for Information

1. At any time before the initiation of the mediation procedure, a Party may request the other

Party in writing to provide information regarding a measure that adversely affects investment

between the Parties. The Party to which such request is made shall provide a written response

within 20 days.

EU/SG/Annex 10/en 1

2. Where the responding Party considers that it is not practicable to respond within 20 days, it

shall inform the requesting Party of the reasons why it is not practicable to respond within this

period, together with an estimate of the shortest period within which it will be able to provide

its response.

ARTICLE 3

Initiation of the Procedure

1. At any time, a Party may request that the Parties enter into a mediation procedure. Such

request shall be addressed to the other Party in writing. The request shall be sufficiently

detailed to present clearly the concerns of the requesting Party and shall:

(a) identify the specific measure at issue;

(b) provide a statement of the alleged adverse effects that the requesting Party believes the

measure has, or will have, on investment between the Parties; and

(c) explain how the requesting Party considers that those effects are linked to the measure.

2. The Party to which such request is addressed shall give sympathetic consideration to the

request and reply by accepting or rejecting it in writing within ten days of its receipt.

EU/SG/Annex 10/en 2

ARTICLE 4

Selection of the Mediator

1. The Parties shall endeavour to agree on a mediator no later than 15 days after the receipt of

the reply to the request referred to in paragraph 2 of Article 3 (Initiation of the Procedure) of

this Annex.

2. If the Parties cannot agree on the mediator within the established time frame, either Party may

request the chairperson of the Committee or the chairperson's delegate to select the mediator

by lot from the list established under paragraph 2 of Article 3.44 (Lists of Arbitrators).

Representatives of both Parties are entitled to be present when the lots are drawn.

3. The chairperson of the Committee or the chairperson's delegate shall select the mediator

within five working days of the request referred to in paragraph 2.

4. The mediator shall not be a national of either Party, unless the Parties agree otherwise.

5. The mediator shall assist the Parties, in an impartial and transparent manner, in bringing

clarity to the measure and its possible adverse effects on investment, and in reaching a

mutually agreed solution. Annex 11 shall apply to mediators, _mutatis mutandis_ . Rules 4 to 8

and Rules 45 to 48 of Annex 9 shall also apply, _mutatis mutandis_ .

EU/SG/Annex 10/en 3

ARTICLE 5

Rules of the Mediation Procedure

1. Within ten days of the appointment of the mediator, the Party having invoked the mediation

procedure shall present to the mediator and to the other Party a detailed written description of

the problem, describing in particular the operation of the measure at issue and its adverse

effects on investment. Within 20 days of the date of delivery of that submission, the other

Party may provide its written comments on the description of the problem. Either Party may

include any information that it deems relevant in its description of the problem or its

comments thereon.

2. The mediator may decide on the most appropriate way of bringing clarity to the measure

concerned and its possible adverse effects on investment. In particular, the mediator may

organise meetings between the Parties, may consult the Parties jointly or individually, may

seek the assistance of or consult with relevant experts and stakeholders and may provide any

additional support requested by the Parties. However, before seeking the assistance of or

consulting with relevant experts and stakeholders, the mediator shall consult with the Parties.

3. The mediator may offer advice and may propose a solution for the consideration of the

Parties, who may accept or reject the proposed solution or may agree on a different solution.

However, the mediator shall not advise or give comments on whether the measure at issue is

consistent with this Agreement.

EU/SG/Annex 10/en 4

4. The mediation procedure shall take place in the territory of the Party to which the request was

addressed or, by mutual agreement, at any other location or by any other means.

5. The Parties shall endeavour to reach a mutually agreed solution within 60 days of the

appointment of the mediator. Pending a final agreement, the Parties may consider possible

interim solutions.

6. The solution may be adopted by means of a decision of the Committee. Either Party may

make such solution subject to the completion of any necessary internal procedures. Mutually

agreed solutions shall be made publicly available. However, the version disclosed to the

public may not contain any information that a Party has designated as confidential.

7. The mediation procedure shall be terminated:

(a) by the adoption of a mutually agreed solution by the Parties, in which case the

mediation procedure shall terminate on the date of adoption;

(b) by the mutual agreement of the Parties at any stage of the mediation procedure, in which

case the mediation procedure shall terminate on the date of that agreement;

(c) by the written declaration of the mediator, after having consulted with the Parties, that

further efforts at mediation would be to no avail, in which case the mediation procedure

shall terminate on the date of such declaration; or

EU/SG/Annex 10/en 5

(d) by the written declaration of either Party, after having explored mutually agreed

solutions under the mediation procedure and after having considered any advice and

proposed solutions by the mediator, in which case the mediation procedure shall

terminate on the date of that declaration.

ARTICLE 6

Implementation of a Mutually Agreed Solution

1. Where the Parties have agreed to a solution, each Party shall take the measures necessary to

implement the mutually agreed solution within the agreed timeframe.

2. The implementing Party shall inform the other Party in writing of any steps or measures taken

to implement the mutually agreed solution.

3. At the request of the Parties, the mediator shall issue to the Parties a draft written factual

report, which shall provide a brief summary of: (i) the measure at issue in these proceedings;

(ii) the procedures followed; and (iii) any mutually agreed solution reached as the final

outcome of these proceedings, including possible interim solutions. The mediator shall

provide the Parties 15 days to comment on the draft report. After considering the comments of

the Parties submitted within that period, the mediator shall submit a final written factual

report to the Parties within 15 days. The final written factual report shall not include any

interpretation of this Agreement.

EU/SG/Annex 10/en 6

ARTICLE 7

Relationship to Dispute Settlement

1. The mediation procedure is without prejudice to the Parties' rights and obligations under

Chapter Three (Dispute Settlement) Section B (Resolution of Disputes between Parties).

2. The mediation procedure is not intended to serve as a basis for dispute settlement procedures

under this Agreement or any other agreement. A Party shall not rely on or introduce as

evidence in such dispute settlement procedures, nor shall an arbitration panel take into

consideration:

(a) positions taken by a Party in the course of the mediation procedure;

(b) the fact that a Party has indicated its willingness to accept a solution to the measure

subject to mediation; or

(c) advice given or proposals made by the mediator.

3. Without prejudice to paragraph 6 of Article 5 (Rules of the Mediation Procedure) of this

Annex, and unless the Parties agree otherwise, all steps of the mediation procedure, including

any advice that may be given or solution that may be proposed, are confidential. However,

each Party may disclose to the public the fact that mediation is taking place.

EU/SG/Annex 10/en 7

ARTICLE 8

Time Limits

Any time limit referred to in this Annex may be modified by mutual agreement between the Parties.

ARTICLE 9

Costs

1. Each Party shall bear its own expenses arising from the participation in the mediation

procedure.

2. The Parties shall share equally the expenses that arise from organisational matters, including

the remuneration and expenses of the mediator. The remuneration of the mediator shall be in

accordance with that provided for in Rule 9(b) of Annex 9.

EU/SG/Annex 10/en 8

ARTICLE 10

Review

Five years after the date of entry into force of this Agreement, the Parties shall consult each other

on the need to modify the mediation procedure in light of their experience of using the mediation

procedure and in light of the development of a corresponding mechanism in the WTO.

________________

EU/SG/Annex 10/en 9

**ANNEX 11**

CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS

Definitions

1. In this Code of Conduct:

"arbitrator" means a member of an arbitration panel established under Article 3.29

(Establishment of the Arbitration Panel);

"candidate" means an individual whose name is on the list of arbitrators referred to in Article

3.44 (Lists of Arbitrators) and who is under consideration for selection as an arbitrator under

Article 3.29 (Establishment of the Arbitration Panel);

"assistant" means a person who, under the terms of appointment of an arbitrator, conducts

research or provides assistance to the arbitrator;

"proceeding", unless otherwise specified, means an arbitration panel proceeding under

Chapter Three (Dispute Settlement) Section B (Resolution of Disputes between Parties;

"staff", in respect of an arbitrator, means persons under the direction and control of the

arbitrator, other than assistants.

EU/SG/Annex 11/en 1

Responsibilities to the process

2. Throughout the proceedings, every candidate and arbitrator shall avoid impropriety and the

appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect

conflicts of interests and shall observe high standards of conduct so that the integrity and

impartiality of the dispute settlement mechanism is preserved. Arbitrators shall not take

instructions from any organisation or government with regard to matters before a Panel.

Former arbitrators must comply with the obligations established in paragraphs 15, 16, 17 and

18 of this Code of Conduct.

Disclosure obligations

3. Prior to confirmation of his or her selection as an arbitrator under Chapter Three (Dispute

Settlement) Section B (Resolution of Disputes between Parties), a candidate shall disclose any

interest, relationship or matter that is likely to affect his or her independence or impartiality or

that might reasonably create an appearance of impropriety or bias in the proceeding. To this

end, a candidate shall make all reasonable efforts to become aware of any such interests,

relationships and matters.

4. A candidate or arbitrator shall only communicate matters concerning actual or potential

violations of this Code of Conduct to the Committee for consideration by the Parties.

EU/SG/Annex 11/en 2

5. Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of

any interests, relationships or matters referred to in paragraph 3 of this Code of Conduct and

shall disclose them. The disclosure obligation is a continuing duty which requires the

arbitrator to disclose any such interests, relationships or matters that may arise during any

stage of the proceeding at the earliest time the arbitrator becomes aware of it. The arbitrator

shall disclose such interests, relationships or matters by informing the Committee, in writing,

for consideration by the Parties.

Duties of arbitrators

6. Upon selection, an arbitrator shall perform his or her duties thoroughly and expeditiously

throughout the course of the proceeding, and with fairness and diligence.

7. An arbitrator shall consider only those issues raised in the proceeding and necessary for a

ruling and shall not delegate this duty to any other person.

8. An arbitrator shall take all appropriate steps to ensure that his or her assistants and staff are

aware of and comply with paragraphs 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.

9. An arbitrator shall not engage in _ex parte_ contacts concerning the proceeding.

EU/SG/Annex 11/en 3

Independence and impartiality of arbitrators

10. An arbitrator must be independent and impartial and avoid creating an appearance of

impropriety or bias and shall not be influenced by self-interest, outside pressure, political

considerations, public clamour, loyalty to a Party or fear of criticism.

11. An arbitrator shall not directly or indirectly incur any obligation or accept any benefit that

would in any way interfere, or appear to interfere, with the proper performance of her or his

duties.

12. An arbitrator may not use her or his position on the arbitration panel to advance any personal

or private interests and shall avoid actions that may create the impression that others are in a

special position to influence her or him.

13. An arbitrator may not allow financial, business, professional, family or social relationships or

responsibilities to influence her or his conduct or judgement.

14. An arbitrator shall avoid entering into any relationship or acquiring any financial interest that

is likely to affect her or his impartiality or that might reasonably create an appearance of

impropriety or bias.

EU/SG/Annex 11/en 4

Obligations of former arbitrators

15. All former arbitrators shall avoid actions that may create the appearance that they were biased

in carrying out their duties or derived any advantage from the decision or ruling of the

arbitration panel.

Confidentiality

16. No arbitrator or former arbitrator shall at any time disclose or use any non-public information

concerning a proceeding or acquired during a proceeding except for the purposes of that

proceeding and shall not, in particular, disclose or use any such information to gain a personal

advantage or an advantage for others or to affect the interest of others.

17. An arbitrator shall not disclose an arbitration panel ruling or parts thereof prior to its

publication in accordance with Chapter Three (Dispute Settlement) Section B (Resolution of

Disputes between Parties).

18. An arbitrator or former arbitrator shall not at any time disclose the deliberations of an

arbitration panel, or any arbitrator's view regarding the deliberations.

EU/SG/Annex 11/en 5

Expenses

19. Each arbitrator shall keep a record and render a final account of the time devoted to the

proceedings and of his or her expenses, as well as the time and expenses of his or her

assistants.

Mediators

20. The disciplines described in this Code of Conduct applying to arbitrators or former arbitrators

shall apply, _mutatis mutandis_, to mediators.

________________

EU/SG/Annex 11/en 6

UNDERSTANDING 1

IN RELATION TO SINGAPORE'S SPECIFIC CONSTRAINTS

OF SPACE OR ACCESS TO NATURAL RESOURCES

1. Article 2.3 (National Treatment) shall not apply to any measure relating to:

(a) the supply of potable water in Singapore;

(b) the ownership, purchase, development, management, maintenance, use, enjoyment, sale or

other disposal of residential property **[1]** or to any public housing scheme in Singapore.

2. Three years after the entry into force of this agreement and every two years thereafter, should

the Additional Buyer's Stamp Duty (ABSD) still be in force, the Committee will review whether the

maintenance of the ABSD is necessary for addressing the stability of the residential property

market. In these consultations, Singapore will provide statistics and information relevant to the state

of the residential property market.

________________

**1** The term "residential property" shall refer to real property defined as such in the Residential
Property Act (Chapter 274) as of the date of the entry into force of this Agreement.

EU/SG/U/en 1

UNDERSTANDING 2

IN RELATION TO THE REMUNERATION OF ARBITRATORS

With respect to Rule 9 of Annex 9 both Parties confirm their following understanding:

1. The remuneration and expenses to be paid to the arbitrators shall be based on standards of

comparable international dispute resolution mechanisms in bilateral or multilateral

agreements.

2. The exact amount of the remuneration and expenses shall be agreed by the Parties in advance

of the meeting of the Parties with the arbitration panel under Rule 9 of Annex 9.

3. Both Parties shall apply this understanding in good faith with a view to facilitating the

operation of the arbitration panel.

________________

EU/SG/U/en 2