1. Upon consultation of the Parties, the Committee shall inform, in writing, the nature, the form and the time intervals in which performance reports shall be sent to it. For routine study of the characteristics of the Contract and of the development of its performance, the Committee shall preferably refer to the reports and documents provided for in the Contract, in that it shall only request for preparation of performance reports or for information in a form and time intervals other than those provided for in the Contract if the Committee believes that said information is not sufficiently clarified in the documents provided for in the Contract.
2. The visits shall consist of informal discussions with authorized representatives of the Parties and direct observations concerning the development of the Contract. During said discussions, the Committee may facilitate the dialogue between the representatives of the Parties in an attempt to resolve any deadlocks that may turn into Disputes.
3. The time intervals of the scheduled meetings and visits shall be of at least every quarter and sufficient to keep the Committee informed of the performance of the Contract of any Dispute, except as otherwise agreed between the parties and the Committee.
4. The meetings and visits shall only be held or occur in the presence of the representatives of the Parties.
5. Should a Party fail to attend any scheduled meetings or visits, the Committee shall decide on the holding of the meeting or conduction of the visit without attendance of the Party at issue.
6. If, on an exceptional basis, a Member is unable to attend any of the scheduled meetings or visits, the other Members shall decide, by joint decision, whether the meeting shall be held without the presence of the Member. In the event of a deadlock, the meeting shall not be held.
7. The Committee Members shall accept any request for urgent visit or meeting as soon as possible and shall make their best efforts to be available for the meeting or visit within no more than fifteen (15) days following the request.
8. All the statements of the Parties and documents submitted before formation of the Committee shall be sent to the Ciesp/Fiesp Chamber by letter, electronic mail or an equivalent means. Should the Party opt for sending hard copies, these shall be sent to the Ciesp/Fiesp Chamber in a sufficient number so that each Party, the Members and the Secretariat of Ciesp/Fiesp Chamber receive, each, a copy, in addition to a copy of the filing registration.
9. The Parties may opt for hiring the system of organization and sharing of documents which is exclusively electronic, which allows for access and control of all documentation by the Parties, the Members and the Secretariat of Ciesp/Fiesp Chamber, in which case the sending of hard copies of the documents will not be necessary. The information contained in the electronic sharing system shall be kept available to the Parties, the Committee Members and the Secretariat of Ciesp/Fiesp Chamber for a period of at least five (5) years following completion of the Committee’s activities.
10. The time-periods shall be computed per calendar days, in that the starting date and including the due date shall be excluded. The starting date and the due date shall be transferred to the next business day if it falls on days wherein the Ciesp/Fiesp Chamber is no open for business.
11. Upon formally submission of a Dispute to the Committee, the Party shall present a Statement of the Case, which shall contain the following elements:
(a) A clear and concise description of the nature and circumstances of the Dispute and the remedies considered applicable;
(b) A list of the issues submitted to the Committee for Recommendation or Decision, as the case may be, and a statement of the Claimant’s position on such issues;
(c) The grounds supporting the position of the Claimant, as well as the relevant documents, drawings, schedules and correspondences;
(d) The request for Recommendation or Decision submitted to the Committee by the Claimant; and
(e) In the event of an HC, if the Party wishes that a Decision is issued, the request for a Decision and the statement of the reasons why the Party understands that the HC is to issue a Decision, rather than a Recommendation.
12. The Answer, in turn, shall include:
(a) A clear statement of the position of the Party in respect of the Dispute;
(b) Any grounds supporting the position of the Party, such as the relevant documents, drawings, schedules and correspondence;
(c) The claim of the Respondent; and
(d) In the event of an HC, the answer to any request for Decision submitted by the Claimant or, if this latter has made no such request, a request for Decision by the Respondent, with the reasons supporting this latter’s understanding that the HC is to issue a Decision, rather than a Recommendation.
13. If a hearing is needed, it may be in held either in person or by teleconference/videoconference, if the Parties and the Committee so wish. All the Committee Members must attend, unless the Committee decides, in specific circumstances and following consultation with the Parties, that it is convenient to hold the hearing even in the absence of one of the Committee Members.
13.1. The Committee shall have full powers to conduct the hearings in the manner as it deems appropriate, and shall define how it will be processed.
13.2. The Committee shall conduct the proceeding in an equal and impartial manner, and it shall ensure each Party the opportunity to submit their arguments and applicable evidence.
13.3. The Parties shall attend in person or through duly authorized representatives who have responsibility and knowledge of performance of the. They may also be assisted by advisors.
14. If either Party refuses to take part in a Committee’s proceeding or in any of its stages without justification, the Committee shall proceed despite said refusal or absence.
15. The Recommendations or Decisions issued by the Committee may include the following information, without limitation, and regardless of the order below:
(a) A Report containing a description of the summary of the Dispute, the allegations of the Parties and the request for Recommendation or Decision;
(b) A chronological statement of the significant events;
(c) A summary of the proceeding adopted by the Committee.
16. The Parties may, within fifteen (15) days from receipt of the Recommendation or Decision, request that the Committee correct an error mentioned in Article 18.1 or provide clarifications on the Recommendation or Decision. Following receipt of the request by the Chairman of the Committee, the Committee shall allow for the other Party to present its comments thereon within ten (10) days. The deliberation on the correction or clarification by the Committee shall be conducted within thirty (30) days from the date of expiration of the time-period for receipt of the other Party’s comments thereon.