(1) Any person or entity that is not a party to the dispute ( "non- disputing party" ) may apply for permission to file a written submission in the proceeding. The application shall be made in the procedural language(s) used in the proceeding.
(2) In determining whether to permit a non-disputing party submission, the Tribunal shall consider all relevant circumstances, including:
a)
whether the submission would address a matter within the scope of the dispute;
b)
how the submission would assist the Tribunal to determine a factual or legal issue related to the proceeding by bringing a perspective, particular knowledge or insight that is different from that of the parties;
c)
whether the non-disputing party has a significant interest in the proceeding;
d)
the identity, activities, organization and ownership of the non-disputing party, including any direct or indirect affiliation between the non-disputing party, a party or a non-disputing Treaty Party; and
e)
whether any person or entity will provide the non-disputing party with financial or other assistance to file the submission.
(3) The parties shall have the right to make observations on whether a non-disputing party should be permitted to file a written submission in the proceeding and on any conditions for filing such a submission.
(4) The Tribunal shall ensure that non-disputing party participation does not disrupt the proceeding or unduly burden or unfairly prejudice either party. To this end, the Tribunal may impose conditions on the non-disputing party, including with respect to the format, length, scope or publication of the written submission and the time limit to file the submission.
(5) The Tribunal shall issue a reasoned decision on whether to permit a non-disputing party submission within 30 days after the last written submission on the application.
(6) The Tribunal shall provide the non-disputing party with relevant documents filed in the proceeding, unless either party objects.
(7) If the Tribunal permits a non-disputing party to file a written submission, the parties shall have the right to make observations on the submission.