(1) The Tribunal shall permit a Party to a treaty that is not a party to the dispute ( "non-disputing Treaty Party" ) to make a submission on the interpretation of the treaty at issue in the dispute and upon which consent to arbitration is based. The Tribunal may, after consulting with the parties, invite a non-disputing Treaty Party to make such a submission.
(2) A submission of a non-disputing Treaty Party pursuant to
shall not support a party in a manner tantamount to diplomatic protection.
(3) The Tribunal shall ensure that non-disputing Treaty 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 making of the submission by the non- disputing Treaty Party, including with respect to the format, length, scope or publication of the submission, and the time limit to file the submission.
(4) The Tribunal shall provide the non-disputing Treaty Party with relevant documents filed in the proceeding, unless either party objects.
(5) The parties shall have the right to make observations on the submission of the non-disputing Treaty Party.