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26.5.2011 Official
Journal
of
the
European
Union L
138/3
PROTOCOL
between the European Union and the Arab Republic of Egypt establishing a dispute settlement
mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement
establishing an Association between the European Communities and their Member States, of the
one part, and the Arab Republic of Egypt, of the other part
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
of the one part,
and
THE ARAB REPUBLIC OF EGYPT, hereinafter referred to as ‘Egypt’,
of the other part,
HAVE DECIDED AS FOLLOWS:
CHAPTER I
CHAPTER II
OBJECTIVE AND SCOPE
CONSULTATIONS AND MEDIATION
Article 1
Article 3
Objective
Consultations
The objective of this Protocol is to avoid and settle any trade
1. The
Parties
shall
endeavour
to
resolve
any
difference
dispute between the Parties with a view to arrive at, where
regarding the interpretation and application of the provisions
possible, a mutually agreed solution.
referred to in Article 2 by entering into consultations in good
faith with the aim of reaching a prompt, equitable and mutually
agreed solution.
Article 2
2. A
Party
shall
seek
consultations
by
means
of
a
written
Application of the Protocol
request to the other Party, copied to the subcommittee ‘industry,
trade, services and investment’, identifying any measure at issue
1. The
provisions
of
this
Protocol
apply
with
respect
to
any and the provisions of the Association Agreement that it
difference concerning the interpretation and application of Title
considers applicable.
II (with the exception of Articles 22, 23 and 24), of the Euro-
Mediterranean Agreement establishing an Association between
the European Communities and their Member States, of the one
3. Consultations shall be held within 40 days of the date of
part, and the Arab Republic of Egypt, of the other part (here
receipt of the request and take place, unless the Parties agree
inafter referred to as ‘the Association Agreement’) ( 1 ), except as
otherwise, on the territory of the Party complained against. The
otherwise expressly provided. Article 82 of the Association
consultations shall be deemed concluded within 60 days of the
Agreement applies to disputes relating to the application and
date of receipt of the request, unless both Parties agree to
interpretation of other provisions of the Association Agreement.
continue consultations. Consultations, in particular all
information disclosed and positions taken by the Parties
during these proceedings, shall be confidential, and without
prejudice to the rights of either Party in any further proceedings.
2. The procedures of this Protocol shall apply if, 60 days
after a dispute has been referred to the Association Council
pursuant to Article 82 of the Association Agreement, the
4. Consultations
on
matters
of
urgency,
including
those
Association Council has failed to settle the dispute.
regarding perishable or seasonal goods, shall be held within
15 days of the date of receipt of the request, and shall be
deemed concluded within 30 days of the date of receipt of
the request.
3. For
the
purposes
of
paragraph
2,
a
dispute
shall
be
deemed to be resolved when the Association Council has
5. If
the
Party
to
which
the
request
is
made
does
not
respond
taken a decision as provided for in Article 82(2) of the
to the request for consultations within 15 days of the date of its
Association Agreement, or when it has declared that there is
receipt, or if consultations are not held within the timeframes
no longer a dispute.
laid down in paragraph 3 or in paragraph 4 respectively, or if
consultations have been concluded and no agreement has been
reached on a mutually agreed solution, the complaining Party
( 1 ) The provisions of this Protocol are without prejudice to Article 34
of the Protocol concerning the definition of the concept of ‘orig
may request the establishment of an arbitration panel in
inating products’ and methods of administrative cooperation.
accordance with Article 5.

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L 138/4
EN
Official Journal of the European Union
26.5.2011
Article 4
CHAPTER III
Mediation
DISPUTE SETTLEMENT PROCEDURES
1. If
consultations
fail
to
produce
a
mutually
agreed
solution,
SECTION I
the Parties may, by mutual agreement, seek recourse to a
mediator. Any request for mediation must be made in writing
Arbitration procedure
to the Party complained against and to the subcommittee
Article 5
‘industry, trade, services and investment’ and state any
measure which has been the subject of consultations as well
Initiation of the arbitration procedure
as the mutually agreed terms of reference for the mediation.
1. Where the Parties have failed to resolve the dispute by
Each Party undertakes to accord sympathetic consideration to
recourse to consultations as provided for in Article 3, or by
requests for mediation.
recourse to mediation as provided for in Article 4, the
complaining Party may request the establishment of an arbi
tration panel.
2. Unless
the
Parties
agree
on
a
mediator
within
15
days
of
the date of receipt of the request for mediation, the chairpersons
2. The
request
for
the
establishment
of
an
arbitration
panel
of the subcommittee ‘industry, trade, services and investment’,
shall be made in writing to the Party complained against and
or the chairpersons’ delegate, shall select by lot a mediator from
the subcommittee ‘industry, trade, services and investment’. The
the pool of individuals who are on the list referred to in
complaining Party shall identify in its request the specific
Article 19 and are not nationals of either Party. The selection
measure at issue, and it shall explain how such measure
shall be made within 10 days of the date of receipt of the
constitutes a breach of the provisions referred to in Article 2.
request. The mediator will convene a meeting with the Parties
The establishment of an arbitration panel shall be requested no
no sooner than 20 days and no later than 30 days after being
later than 18 months from the date of receipt of the request for
selected. The mediator shall receive the submissions of each
consultations, without prejudice to the rights of the
Party no later than 15 days before the meeting and may
complaining Party to request new consultations on the same
request additional information from the Parties or from
matter in the future.
experts or technical advisors as she or he deems necessary.
Any information obtained in this manner must be disclosed
Article 6
to each of the Parties and submitted for their comments. The
mediator shall notify an opinion no later than 45 days after
Establishment of the arbitration panel
having been selected.
1. An
arbitration
panel
shall
be
composed
of
three
arbi
trators.
3. The
mediator’s
opinion
may
include
a
recommendation 2. Within
15
days
of
the
date
of
receipt
by
the
Party
on how to resolve the dispute consistent with the provisions
complained against of the request for the establishment of an
referred to in Article 2. The mediator’s opinion is non-binding.
arbitration panel, the Parties shall consult in order to reach an
agreement on the composition of the arbitration panel.
3. In the event that the Parties are unable to agree on its
4. The
Parties
may
agree
to
amend
the
time
limits
referred
to composition within the time frame laid down in paragraph 2,
in paragraph 2. The mediator may also decide to amend these
either Party may request the chairpersons of the subcommittee
time limits upon request of any of the Parties, given the
‘industry, trade, services and investment’, or the chairpersons’
particular difficulties experienced by the Party concerned or
delegate, to select all three members by lot from the list estab
the complexities of the case.
lished under Article 19, one among the individuals proposed by
the complaining Party, one among the individuals proposed by
the Party complained against and one among the individuals
selected by the Parties to act as chairperson. Where the Parties
5. The
proceedings
involving
mediation,
in
particular
the agree on one or more of the members of the arbitration panel,
mediator’s opinion and all information disclosed and positions
any remaining members shall be selected by the same
taken by the Parties during these proceedings, shall be confi
procedure.
dential, and without prejudice to the rights of either Party in
any further proceedings.
4. The
chairpersons
of
the
subcommittee
‘industry,
trade,
services and investment’, or the chairpersons’ delegate, shall
select the arbitrators within 10 days of the request referred to
in paragraph 3 by either Party.
6. If
the
Parties
agree,
procedures
for
mediation
may
continue while the arbitration procedure proceeds.
5. The date of establishment of the arbitration panel shall be
the date on which the three arbitrators are selected.
7. Replacement
of
a
mediator
shall
take
place
only
for
the 6. Replacement
of
arbitrators
shall
take
place
only
for
the
reasons and according to the procedures detailed in paragraphs
reasons and according to the procedures detailed in paragraphs
18 to 21 of the Rules of Procedure.
18 to 21 of the Rules of Procedure.

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EN
26.5.2011 Official
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European
Union L
138/5
Article 7
Article 10
Interim panel report
The reasonable period of time for compliance
The arbitration panel shall issue an interim report to the Parties
1. No later than 30 days after the receipt of the notification
setting out the findings of fact, the applicability of relevant
of the arbitration panel ruling to the Parties, the Party
provisions and the basic rationale behind any findings and
complained against shall notify the complaining Party and the
recommendations that it makes, as a general rule, not later
subcommittee ‘industry, trade, services and investment’ of the
than 120 days from the date of establishment of the arbitration
time it will require for compliance (reasonable period of time), if
panel. Any Party may submit a written request for the arbi
immediate compliance is not possible.
tration panel to review precise aspects of the interim report
within 15 days of its notification. The findings of the final
panel ruling shall include a discussion of the arguments made
at the interim review stage.
2. If there is disagreement between the Parties on the
reasonable period of time to comply with the arbitration
panel ruling, the complaining Party shall, within 20 days of
the receipt of the notification made under paragraph 1 by the
Article 8
Party complained against, request, in writing, the arbitration
panel to determine the length of the reasonable period of
Arbitration panel ruling
time. Such request shall be notified simultaneously to the
1. The
arbitration
panel
shall,
as
a
general
rule,
notify
its other Party and to the subcommittee ‘industry, trade, services
ruling to the Parties and to the subcommittee ‘industry, trade,
and investment’. The arbitration panel shall notify its ruling to
services and investment’ within 150 days from the date of the
the Parties and to the subcommittee ‘industry, trade, services
establishment of the arbitration panel. Where it considers that
and investment’ within 30 days from the date of receipt of
this deadline cannot be met, the chairperson of the arbitration
the request.
panel must notify the Parties and the subcommittee ‘industry,
trade, services and investment’ in writing, stating the reasons for
the delay and the date on which the panel plans to conclude its
work. Under no circumstances should the ruling be notified
3. The
reasonable
period
of
time
may
be
extended
by
mutual
later than 180 days from the date of establishment of the arbi
agreement of the Parties.
tration panel.
Article 11
2. The
arbitration
panel
shall,
at
the
request
of
both
Parties,
suspend its work at any time for a period agreed by the Parties
Review of any measure taken to comply with the
not exceeding 12 months and shall resume its work at the end
arbitration panel ruling
of this agreed period at the request of the complaining Party. If
1. The
Party
complained
against
shall
notify
the
other
Party
the complaining Party does not request the resumption of the
and the subcommittee ‘industry, trade, services and investment’
arbitration panel’s work before the expiry of the agreed
before the end of the reasonable period of time of any measure
suspension period, the procedure shall be terminated. The
that it has taken to comply with the arbitration panel ruling.
suspension and termination of the arbitration panel’s work
are without prejudice to the rights of either Party in another
proceeding on the same matter.
2. In the event that there is disagreement between the Parties
concerning the existence or the consistency of any measure
notified under paragraph 1 with the provisions referred to in
3. In
cases
of
urgency,
including
those
involving
perishable Article 2, the complaining Party may request, in writing, the
or seasonal goods, the arbitration panel shall make every effort
arbitration panel to rule on the matter. Such request shall
to notify its ruling within 75 days from the date of its estab
identify the specific measure at issue and it shall explain how
lishment. Under no circumstance should it take longer than 90
such measure is inconsistent with the provisions referred to in
days from its establishment. The arbitration panel shall give a
Article 2. The arbitration panel shall notify its ruling within 90
preliminary ruling within 10 days of its establishment on
days of the date of receipt of the request.
whether it deems the case to be urgent.
Article 12
SECTION II
Temporary remedies in case of non-compliance
Compliance
1. If
the
Party
complained
against
fails
to
notify
any
measure
Article 9
taken to comply with the arbitration panel ruling before the
Compliance with the arbitration panel and Appellate Panel
expiry of the reasonable period of time, or if the arbitration
rulings
panel rules that the measure notified under Article 11(1) is
inconsistent with that Party’s obligations under the provisions
Each Party shall take any measure necessary to comply with the
referred to in Article 2, the Party complained against shall, if so
arbitration panel ruling, and the Parties will endeavour to agree
requested by the complaining Party, present an offer for
on the period of time to comply with the ruling.
temporary compensation.

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L 138/6
EN
Official Journal of the European Union
26.5.2011
2. If
no
agreement
on
compensation
is
reached
within
30
SECTION III
days after the end of the reasonable period of time or of the
arbitration panel ruling under Article 11 that a measure taken
Common provisions
to comply is inconsistent with the provisions referred to in
Article 14
Article 2, the complaining Party shall be entitled, upon notifi
cation to the other Party and to the subcommittee ‘industry,
Mutually agreed solution
trade, services and investment’, to suspend obligations arising
The Parties may reach a mutually agreed solution to a dispute
from any provision referred to in Article 2 at a level equivalent
under this Protocol at any time. They shall notify the subcom
to the nullification or impairment caused by the violation. The
mittee ‘industry, trade, services and investment’ and the arbi
complaining Party may implement the suspension 15 days after
tration panel of any such solution. Upon notification of the
the date of receipt of the notification by the Party complained
mutually agreed solution, the panel shall terminate its work
against, unless the Party complained against has requested arbi
and the procedure shall be terminated.
tration under paragraph 3.
Article 15
3. If the Party complained against considers that the level of
Rules of Procedure
suspension is not equivalent to the nullification or impairment
caused by the violation, it may request, in writing, the arbi
1. Dispute
settlement
procedures
under
Chapter
III
of
this
tration panel to rule on the matter. Such request shall be
Protocol shall be governed by the Rules of Procedure annexed
notified to the other Party and to the subcommittee ‘industry,
to this Protocol.
trade, services and investment’ before the expiry of the 15 day
period referred to in paragraph 2. The arbitration panel, having
sought, if appropriate, the opinion of experts, shall notify its
2. Any
meeting
of
the
arbitration
panel
shall
be
open
to
the
ruling on the level of the suspension of obligations to the
public in accordance with the Rules of Procedure, unless the
Parties and to the institutional body responsible for trade
Parties agree otherwise.
matters within 30 days of the date of receipt of the request.
Obligations shall not be suspended until the arbitration panel
has notified its ruling, and any suspension shall be consistent
Article 16
with the arbitration panel ruling.
Information and technical advice
At the request of a Party, or upon its own initiative, the arbi
tration panel may obtain information it deems appropriate for
4. The
suspension
of
obligations
shall
be
temporary
and the arbitration panel proceeding. In particular, the arbitration
shall be applied only until any measure found to be inconsistent
panel also has the right to seek the relevant opinion of experts
with the provisions referred to in Article 2 has been withdrawn
as it deems appropriate. The arbitration panel shall consult the
or amended so as to bring it into conformity with those
Parties before choosing such experts. Any information obtained
provisions, as established under Article 13, or until the Parties
in this manner must be disclosed to each of the Parties and
have agreed to settle the dispute.
submitted for their comments. Unless the Parties agree
otherwise, interested natural or legal persons established in
the Parties are authorised to submit communications in
Article 13
writing to the arbitration panels in accordance with the Rules
of Procedure. Such communications shall be limited to the
Review of any measure taken to comply after the
factual aspects of the dispute and shall not address points of
suspension of obligations
law.
1. The
Party
complained
against
shall
notify
the
other
Party
and the subcommittee ‘industry, trade, services and investment’
Article 17
of any measure it has taken to comply with the ruling of the
arbitration panel and of its request for an end to the suspension
Rules of interpretation
of obligations applied by the complaining Party.
Any arbitration panel shall interpret the provisions referred to
in Article 2 in accordance with customary rules of interpre
tation of public international law, including the Vienna
2. If
the
Parties
do
not
reach
an
agreement
on
the
compati
Convention on the Law of Treaties. The rulings of the arbi
bility of the notified measure with the provisions referred to in
tration panel cannot add to or diminish the rights and obli
Article 2 within 30 days of the date of receipt of the notifi
gations provided in the provisions referred to in Article 2.
cation, the complaining Party shall request, in writing, the arbi
tration panel to rule on the matter. Such request shall be
notified simultaneously to the other Party and to the subcom
Article 18
mittee ‘industry, trade, services and investment’. The arbitration
Arbitration panel decisions and ruling
panel ruling shall be notified to the Parties and to the subcom
mittee ‘industry, trade, services and investment’ within 45 days
1. The
arbitration
panel
shall
make
every
effort
to
take
any
of the date of receipt of the request. If the arbitration panel
decision by consensus. Where, nevertheless, a decision cannot
rules that any measure taken to comply is in conformity with
be arrived at by consensus, the matter at issue shall be decided
the provisions referred to in Article 2, the suspension of obli
by majority vote. However, in no case shall dissenting opinions
gations shall be terminated.
of arbitrators be published.

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26.5.2011 Official
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2. Any
ruling
of
the
arbitration
panel
shall
be
binding
on
the 2. When a Party seeks the settlement of a dispute concerning
Parties and shall not create any rights or obligations to physical
an obligation falling within the scope of this Agreement as
or legal persons. The ruling shall set out the findings of fact, the
defined in Article 2, it shall have recourse to the rules and
applicability of the relevant provisions of the Association
procedures of this Agreement.
Agreement and the basic rationale behind any findings and
conclusions that it makes. The subcommittee ‘industry, trade,
services and investment’ shall make the arbitration panel ruling
3. Unless
the
Parties
agree
otherwise,
when
a
Party
seeks
the
publicly available in its entirety unless it decides not to do so in
settlement of a dispute concerning an obligation falling within
order to ensure the confidentiality of business confidential
the scope of this Agreement as defined in Article 2, which is
information.
equivalent in substance to an obligation under the WTO, it shall
have recourse to the relevant rules and procedures of the WTO
Agreement, which apply notwithstanding the provisions of this
CHAPTER IV
Agreement.
GENERAL PROVISIONS
Article 19
4. Once
dispute
settlement
procedures
have
been
initiated,
the forum selected in accordance with the paragraphs above,
Lists of arbitrators
if it has not declined its jurisdiction, shall be used to the
1. The subcommittee ‘industry, trade, services and exclusion of the other.
investment’ shall, no later than 6 months after the entry into
force of this Protocol, establish a list of at least 15 individuals
who are willing and able to serve as arbitrators. Each of the
5. Nothing
in
this
Agreement
shall
preclude
a
Party
from
Parties shall propose at least five individuals to serve as arbi
implementing the suspension of obligations authorised by the
trators. The two Parties shall also select at least five individuals
Dispute Settlement Body of the WTO. The WTO Agreement
who are not nationals of either Party and who shall act as
shall not be invoked to preclude a Party from suspending obli
chairperson to the arbitration panel. The subcommittee
gations under this Agreement.
‘industry, trade, services and investment’ will ensure that the
list is always maintained at this level.
Article 21
2. Arbitrators
shall
have
specialised
knowledge
or
experience
Time limits
of law and international trade. They shall be independent, serve
1. All
time
limits
laid
down
in
this
Protocol,
including
the
in their individual capacities and not take instructions from any
limits for the arbitration panels to notify their rulings, shall be
organisation or government, or be affiliated with the
counted in calendar days from the day following the act or fact
government of any of the Parties, and shall comply with the
to which they refer.
Code of Conduct annexed to this Protocol.
2. Any
time
limit
referred
to
in
this
Protocol
may
be
3. The subcommittee ‘industry, trade, services and extended by mutual agreement of the Parties. The Parties
investment’ may establish additional lists of at least 15 indi
undertake to accord sympathetic consideration to requests for
viduals having a sectoral expertise in specific matters covered
extensions of any time limit by reason of difficulties faced by
by the Association Agreement. When recourse is made to the
any Party in complying with the procedures of this Protocol.
selection procedure of Article 6(2), the chairpersons of the
Upon request of a Party, the arbitration panel may extend the
subcommittee ‘industry, trade, services and investment’ may
time limits applicable in the proceedings, taking into account
use a sectoral list upon agreement of both Parties.
the different level of development of the Parties.
4. Should
the
list
provided
for
in
paragraph
1
of
this
Article
Article 22
not be established at the time a request for mediation or for the
Review and modification of the Protocol
establishment of an arbitration panel is made, the arbitrators
shall be drawn by lot from the individuals who have been
1. No
later
than
3
years
after
the
entry
into
force
of
this
formally proposed by one or both of the Parties. The individuals
Protocol and its Annexes, the Association Council shall review
proposed for chairperson of the arbitration panel or mediator
their implementation, with a view to decide their continuation,
may not be nationals of either Party.
modification or termination.
Article 20
2. In
this
review,
the
Association
Council
may
consider
the
possibility of creating an Appellate Body common to several
Relation with WTO obligations
Euro-Mediterranean Agreements.
1. When a Party seeks the settlement of a dispute concerning
an obligation under the WTO Agreement, it shall have recourse
to the relevant rules and procedures of the WTO Agreement,
3. The
Association
Council
may
decide
to
modify
this
which apply notwithstanding the provisions of this Agreement.
Protocol and its Annexes.

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L 138/8
EN
Official Journal of the European Union
26.5.2011
Article 23
Entry into force
This Protocol will be approved by the Parties in accordance with their own procedures. This Protocol shall
enter into force on the first day of the second month following the date on which the Parties notify each
other that the procedures referred to in this Article have been completed.
Done in Brussels on the eleventh day of November in the year two thousand and ten, in duplicate, in the
Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian,
Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and
Arabic languages, each of these texts being equally authentic.

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EN
26.5.2011 Official
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of
the
European
Union L
138/9
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l’Union européenne
Per l’Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За Арабска република Египет
Por la República rabe de Egipto
Za Egyptskou arabskou republiku
For Den Arabiske Republik Egypten
Für die Arabische Republik gypten
Egiptuse Araabia Vabariigi nimel
Για την Αραβικ Δημοκρατα τη Αιγπτου
For the Arab Republic of Egypt
Pour la République arabe d'gypte
Per la Repubblica araba d'Egitto
iptes Arābu Republikas vārdā –
Egipto Arab Respublikos vardu
Az Egyiptomi Arab Kztársaság részérl
Gar-Repubblika Garbija tal-Eittu
Voor de Arabische Republiek Egypte
W imieniu Arabskiej Republiki Egiptu
Pela República rabe do Egipto
Pentru Republica Arab Egipt
Za Arabsko republiko Egipt
Za Egyptskú arabskú republiku
Egyptin arabitasavallan puolesta
P Arabrepubliken Egyptens vgnar

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L 138/10
EN
Official Journal of the European Union
26.5.2011
ANNEXES
ANNEX I: RULES OF PROCEDURE FOR ARBITRATION
ANNEX II: CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS

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EN
26.5.2011 Official
Journal
of
the
European
Union L
138/11
ANNEX I
RULES OF PROCEDURE FOR ARBITRATION
General provisions
1. In the Protocol and under these rules:
‘adviser’ means a person retained by a Party to advise or assist that Party in connection with the arbitration panel
proceeding;
‘complaining Party’ means any Party that requests the establishment of an arbitration panel under Article 5 of this
Protocol;
‘Party complained against’ means the Party that is alleged to be in violation of the provisions referred to in Article 2
of this Protocol;
‘arbitration panel’ means a panel established under Article 6 of this Protocol;
‘representative of a Party’ means an employee or any person appointed by a government department or agency or
any other public entity of a Party;
‘day’ means a calendar day.
2. The European Union shall bear the expenses derived from organisational matters regarding consultations, mediation
and arbitration, with the exception of the remuneration and the expenses to be paid to the mediators and arbitrators,
which shall be shared.
Notifications
3. 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 same date of its sending.
4. A Party shall provide an electronic copy of each of its written submissions to the other Party and to each of the
arbitrators. A paper copy of the document shall also be provided.
5. All notifications shall be addressed to the Ministry of Trade and Industry of the Arab Republic of Egypt and to the
Directorate-General for Trade of the European Commission, respectively.
6. 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.
7. If the last day for delivery of a document falls on an official holiday or rest day of Egypt or of the Union, the
document may be delivered on the next business day. The Parties shall exchange a list of dates of their official
holidays and rest days on the first Monday of every December for the following year. No documents, notifications or
requests of any kind shall be deemed to be received on an official holiday or rest day.
8. Depending on the object of the provisions under dispute, all requests and notifications addressed to the subcom
mittee ‘industry, trade, services and investment’ in accordance with this Agreement shall be copied to the other
relevant subcommittees established under the Association Agreement.
Commencing the arbitration
9. (a) If pursuant to Article 6 of the Protocol or to rules 19, 20 or 49 of these Rules of Procedure members of the
arbitration panel are selected by lot, representatives of both Parties shall be present when lots are drawn.
(b) Unless the Parties agree otherwise, they shall meet the arbitration panel within 10 days of its establishment in
order to determine such matters that the Parties or the arbitration panel deem appropriate, including the
remuneration and expenses to be paid to the arbitrators, which will be in accordance with WTO standards.
Members of the arbitration panel and representatives of the Parties may take part in this meeting via telephone or
video conference.
10. (a) Unless the Parties agree otherwise, within 10 days from the date of the selection of the arbitrators, the terms of
reference of the arbitration panel shall be:
‘to examine, in the light of the relevant provisions of the Association Agreement, the matter referred to in the
request for establishment of the arbitration panel, to rule on the compatibility of the measure in question with
the provisions referred to in Article 2 of the Protocol and to make a ruling in accordance with Article 8 of the
Protocol on Dispute Settlement.’.

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(b) The Parties must notify the agreed terms of reference to the arbitration panel within 5 days of their agreement.
Initial submissions
11. The complaining Party shall deliver its initial written submission no later than 25 days after the date of establishment
of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 25
days after the date of delivery of the initial written submission.
Working of arbitration panels
12. The chairperson of the arbitration panel shall preside at all its meetings. An arbitration panel may delegate to the
chairperson authority to make administrative and procedural decisions.
13. Unless otherwise provided in this Protocol, the arbitration panel may conduct its activities by any means, including
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 its
assistants to be present at its deliberations.
15. The drafting of any ruling shall remain the exclusive responsibility of the arbitration panel and must not be delegated.
16. Where a procedural question arises that is not covered by the provisions of this Protocol and its Annexes, the
arbitration panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with those
provisions.
17. When the arbitration panel considers that there is a need to modify any time limit applicable in 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. The arbitration panel may adopt such change or
modification after consulting the Parties.
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 6(3).
19. Where a Party considers that an arbitrator does not comply with the requirements of the Code of Conduct and for
this reason should be replaced, this 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 material violation of the Code of Conduct.
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 6(3) of the Protocol.
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 the chairperson finds that an arbitrator does not comply with the requirements of the Code of Conduct, she or he
shall select a new arbitrator by lot among the pool of individuals referred to under Article 19(1) of the Protocol of
which the original arbitrator was a Member. If the original arbitrator was chosen by the Parties pursuant to
Article 6(2) of the Protocol, the replacement shall be selected by lot among the pools of individuals that have
been proposed by the complaining Party and by the Party complained against under Article 19(1) of the Protocol.
The selection of the new arbitrator shall be done within 10 days of the date of receipt of the request to the
chairperson of the arbitration panel.
20. 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 6(3) of the Protocol.
If the Parties fail to agree on the need to replace the chairperson, any Party may request that such matter be referred
to one of the remaining members of the pool of individuals selected to act as chairpersons under Article 19(1) of the
Protocol. Her or his name shall be drawn by lot by the chairpersons of the subcommittee ‘industry, trade, services
and investment’, or the chairpersons’ delegate. The decision by this person on the need to replace the chairperson
shall be final.
If this person decides that the original chairperson does not comply with the requirements of the Code of Conduct,
she or he shall select a new chairperson by lot among the remaining pool of individuals referred to under
Article 19(1) of the Protocol who may act as chairpersons. This selection of the new chairperson shall be within
10 days of the date of receipt of the request referred to in this paragraph.

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21. The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided for in
paragraphs 18, 19 and 20.
Hearings
22. The chairperson shall fix the date and time of the hearing in consultation with the Parties and the other members of
the arbitration panel, and 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 if the hearing is open to the public. Unless a
Party disagrees, the arbitration panel may decide not to convene a hearing.
23. Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is the Arab Republic
of Egypt, and in Cairo if the complaining Party is the Union.
24. The arbitration panel may convene one additional hearing only in exceptional circumstances. No additional hearing
shall be convened for the procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of this Protocol.
25. All arbitrators shall be present during the entirety of any hearings.
26. 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;
(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.
27. No later than 10 days before the date of a hearing, each Party shall deliver to the arbitration panel 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 will be attending the hearing.
28. The hearings of the arbitration panels shall be open to the public, unless the Parties decide otherwise. If the Parties
decide that the hearing is closed to the public, part of the hearing may, however, be open to the public if the
arbitration panel, on application by the Parties, so decides. However the arbitration panel shall meet in closed session
when the submission and arguments of a Party contains confidential commercial information.
29. The arbitration panel shall conduct the hearing in the following manner:
Argument
(a) argument of the complaining Party;
(b) argument of the Party complained against.
Rebuttal Argument
(a) argument of the complaining Party;
(b) counter-reply of the Party complained against.
30. The arbitration panel may direct questions to either Party at any time during the hearing.
31. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible
to the Parties.
32. Each Party may deliver a supplementary written submission concerning any matter that arose during the hearing
within 15 days of the date of the hearing.
Questions in writing
33. The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties.
Each of the Parties shall receive a copy of any questions put by the arbitration panel.
34. A Party shall also provide a copy of its written response to the arbitration panel’s questions to the other Party. Each
Party shall be given the opportunity to provide written comments on the other Party’s reply within 10 days of the
date of receipt.

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Confidentiality
35. The Parties shall maintain the confidentiality of the arbitration panel hearings where the hearings are held in closed
session, in accordance with paragraph 28. Each Party shall treat as confidential any information submitted by the
other Party to the arbitration panel which that Party has designated as confidential. Where a Party submits a
confidential version of its written submissions to the arbitration panel, it shall also, upon request of the other
Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to
the public no later than 15 days after the date of either the request or the submission, whichever is later. Nothing in
these rules shall preclude a Party from disclosing statements of its own positions to the public.
Ex parte contacts
36. The arbitration panel shall not meet or contact a Party in the absence of the other Party.
37. No member of the arbitration panel may discuss any aspect of the subject matter of the proceedings with one Party
or both Parties in the absence of the other arbitrators.
Unsolicited Submissions
38. Unless the Parties agree otherwise within 5 days of the date of the establishment of the arbitration panel, the
arbitration panel may receive unsolicited written submissions, provided that they are made within 10 days of the
date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 typed pages,
including any annexes, and that they are directly relevant to the factual issue under consideration by the arbitration
panel.
39. The submission shall contain a description of the person making the submission, whether natural or legal, including
the nature of their activities and the source of its financing, and specify the nature of the interest that the person has
in the arbitration proceeding. It shall be drafted in the languages chosen by the Parties in accordance with rules 42
and 43 of these Rules of Procedure.
40. The arbitration panel shall list in its ruling all the submissions it has received that conform to the above rules. 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 rule shall be submitted to the Parties for their comments.
Urgent cases
41. In cases of urgency referred to in this Agreement, the arbitration panel, after consulting the Parties, shall adjust the
time limits referred to in these rules as appropriate and shall notify the Parties of such adjustments.
Translation and interpretation
42. During the consultations referred to in Article 6(2) of the Protocol, and no later than the meeting referred to in Rule
9(b) of these Rules of Procedure, the Parties shall endeavour to agree on a common working language for the
proceedings before the arbitration.
43. If the Parties are unable to agree on a common working language, each Party shall arrange for and bear the costs of
the translation of its written submissions into the language chosen by the other Party.
44. The Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by
the Parties.
45. Arbitration panel rulings shall be notified in the language or languages chosen by the Parties.
46. Any Party may provide comments on any translated version of a document drawn up in accordance with these rules.
Calculation of time limits
47. Where, by reason of the application of paragraph 7 of these Rules of Procedure, 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.

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Other procedures
48. These Rules of Procedure are also applicable to procedures established under Articles 10(2), 11(2), 12(3) and 13(2) of
this Protocol. However, the time limits laid down in these Rules of Procedure shall be adjusted in line with the special
time limits provided for the adoption of a ruling by the arbitration panel in those other procedures.
49. In the event of the original panel, or some of its members, being unable to reconvene for the procedures established
under Articles 10(2), 11(2), 12(3) and 13(2) of the Protocol, the procedures set out in Article 6 of the Protocol shall
apply. The time limit for the notification of the ruling shall be extended by 15 days.

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ANNEX II
CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS
Definitions
1. In this Code of Conduct:
(a) ‘member’ or ‘arbitrator’ means a member of an arbitration panel effectively established under Article 6 of this
Protocol;
(b) ‘mediator’ means a person who conducts a mediation in accordance with Article 4 of this Protocol;
(c) ‘candidate’ means an individual whose name is on the list of arbitrators referred to in Article 19 of this Protocol
and who is under consideration for selection as a member of an arbitration panel under Article 6 of this
Protocol;
(d) ‘assistant’ means a person who, under the terms of appointment of a member, conducts, researches or provides
assistance to the member;
(e) ‘proceeding’, unless otherwise specified, means an arbitration panel proceeding under this Protocol;
(f) ‘staff’, in respect of a member, means persons under the direction and control of the member, other than
assistants.
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. Former members 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 her or his selection as a member of the arbitration panel under this Protocol, 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 member shall only communicate matters concerning actual or potential violations of this Code of
Conduct to the subcommittee ‘industry, trade, services and investment’ for consideration by the Parties.
5. Once selected, a member 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 a member to disclose any such interests, relationships or matters that may arise
during any stage of the proceeding. The member shall disclose such interests, relationships or matters by informing
the subcommittee ‘industry, trade, services and investment’, in writing, for consideration by the Parties.
Duties of members
6. Upon selection a member shall perform her or his duties thoroughly and expeditiously throughout the course of the
proceeding, and with fairness and diligence.
7. A member 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. A member shall take all appropriate steps to ensure that his or her assistant and staff are aware of, and comply with,
paragraphs 2, 3, 4, 5, 16, 17 and 18 of this Code of Conduct.
9. A member shall not engage in ex parte contacts concerning the proceeding.
Independence and impartiality of members
10. A member 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, and loyalty to a 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 her or his duties.

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12. A member 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. A member may not allow financial, business, professional, family or social relationships or responsibilities to
influence her or his conduct or judgement.
14. A member must 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.
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 derived advantage from the decision or ruling of the arbitration panel.
Confidentiality
16. 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 shall not, in any case, disclose or use
any such information to gain personal advantage or advantage for others or to adversely affect the interest of others.
17. A member shall not disclose an arbitration panel ruling or parts thereof prior to its publication in accordance with
this Protocol.
18. A member or former member shall not at any time disclose the deliberations of an arbitration panel, or any
member’s view.
Expenses
19. Each member shall keep a record and render a final account of the time devoted to the procedure and of her or his
expenses.
Mediators
20. The disciplines described in this Code of Conduct as applying to members or former members shall apply, mutatis
mutandis, to mediators.

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