FTAA - Free Trade Area of the Americas
Chapter on Dispute
1. [Article 1. Definitions
2. For the purposes of this chapter, the following definitions shall apply:
3. [FTAA Agreement: normative text resulting from the FTAA negotiations;]
4. [WTO Agreement: The Marrakesh Agreement Establishing the World Trade Organization (WTO) and related legal instruments included in Annexes 1, 2 and 3 of this Agreement [, as well as any agreements negotiated thereunder];]
5. [Regional Agreement: a trade agreement between two or more parties;]
6. [Perishable goods: Those goods that deteriorate in quality in a brief period of time, like agricultural or fish products, among others. It also includes those products that lose their commercial value past a certain date, like Christmas or seasonal goods, among others.]
7. [[Commission:] [Institutional Body:] [Dispute Settlement Body:] Body [established within the framework of the FTAA Agreement to administer the FTAA Chapter on Dispute Settlement] [comprised of the countries that are signatories to the FTAA Agreement];]
8. [Understanding: the Understanding on Rules and Procedures Governing the Settlement of Disputes that forms part of the WTO Agreement;]
9. [Substantial trade interest: the situation of a Third Party, with respect to a product or products raised in a dispute in the FTAA, for which the party may derive or ceases to derive benefit, utility or profit as a consequence of the dispute settlement pursuant to the provisions of this chapter.]
10. [Measure: any [actual [or proposed] law, decree, agreement, administrative provision [or governmental practice], among others;] [any actual decision taken by any Party on any legislative, judicial, executive or administrative matter of a central or decentralized authority or agency, whether they be called laws, rules, procedures, requirements, decisions, decrees, resolutions, agreements, rulings, sentences or precautionary measures and the decisions mentioned even if not yet implemented, but conditional on the expiration of a time period or confined to granting powers to a given entity or official;]
11. [Party: any State in respect to which this Agreement has entered into effect;]
12. [Consulting Party: any Party that conducts consultations pursuant to Article XX (Consultations)]
13. [Party to the Dispute: the complaining Party or the Party complained against;]
14. [Party Complained against: the Party against which a claim is made [, which could be comprised of one or more Parties;]
15. [Complaining Party: the Party making a claim, which could be comprised of one or more Parties;]
16. [Third Party: [a Party that has a substantial [commercial] interest in the dispute and that is not a Party to the dispute in such dispute] [and that has notified its interest to the Commission.]
17. [Secretariat: the FTAA Secretariat;] ]
18. Article 2. Scope of Application
19. [Except as otherwise provided in this Agreement, ] the procedures in this chapter shall apply:
a) to the [avoidance or to the] settlement of all disputes arising between the Parties regarding the interpretation [,] [or] application of [or non-compliance with] the FTAA Agreement [or the instruments, decisions or protocols] agreed to under its framework; ] and
b) when a Party considers that an actual [or proposed] measure of another Party is [or would be] inconsistent with the obligations of the FTAA Agreement [or, even if not inconsistent, could cause nullification of impairment of any benefit that a Party could reasonably have expected to accrue to it under this Agreement in the sense of Annex XX (Nullification or Impairment).]
[c) when a Party considers that the purpose or object of the FTAA Agreement is being frustrated or prejudiced.]
20. [Where exhaustion of local remedies is required under international law no dispute between Parties concerned shall be submitted to the procedures set out in this chapter, unless and until such a requirement has been met.]
21. [In cases of infringement, it is presumed that the measure constitutes nullification or impairment, and as such, a breach of the rules has an adverse impact on other Member States. In such cases it will be up to the Party complained against to rebut the charge.]
22. [Article 3. Principles
23. The Parties shall at all times, endeavor through cooperation, to arrive at a prompt settlement of any dispute regarding the interpretation and application of this Agreement and shall make every attempt in good faith to arrive at a mutually satisfactory resolution of any matter that might affect its operation [exclusively in accordance with the provisions of this Chapter.]
24. [The Parties shall give special attention to the particular problems and interests of developing country Members. When one of the Parties to a dispute settlement procedure is a developing country, measures such as the following shall be included:
a) establish longer or differential time periods in the different stages of the dispute settlement procedure, as well as for complying with obligations.
b) provide necessary legal advice and assistance, in order to achieve better and more effective participation in the dispute settlement process.]
25. [In the settlement of disputes arising between Member States, in addition to principles of international law, other principles shall apply of good faith, confidentiality, prompt resolution, procedural economy, effective access, special and differential treatment, as well as of maintaining a balance between rights and obligations of the Parties.] ]
26. Article 4. General Provisions
27. [The dispute settlement procedure established in this chapter is an essential element in providing security and predictability for Parties in the FTAA. The Parties recognize that this procedure serves to preserve the rights and obligations of the Parties in the framework of this Agreement and to clarify the existing provisions thereof, in accordance with customary rules of interpretation of public international law. The rulings of the neutral panels2 cannot add to or diminish the rights and obligations provided in this Agreement.]
28. [The aim of the dispute settlement mechanism is to secure a positive solution to disputes.]
29. [All solutions to disputes formally raised under the provisions of this chapter, including reports3 of neutral panels, must be consistent with the provisions of the FTAA Agreement, and shall not at any time nullify or impair benefits accruing to any Party, nor impede the attainment of any objective of the Agreement.]
30. [Non-governmental participation in the dispute settlement system in this Chapter shall not be permitted.]
31. [The Parties shall refrain from taking unilateral counter measures in situations of allegations of breaches of the FTAA Agreement.]
32. Any time period in proceedings under this Chapter may be extended or shortened by mutual agreement of the consulting or disputing Parties.
33. [Where a dispute arises between Parties, they shall proceed expeditiously to an exchange of views for the purpose of agreeing on:
a) a mode of settlement and where an agreed mode has been exhausted, to another mode of settlement; or
b) a mutually satisfactory method of implementation where a settlement has been reached and the circumstances require consultation regarding its implementation.]
34. [Subject to the provisions of the FTAA Agreement, disputes shall be settled only by recourse to any one of the following modes for the settlement of disputes, namely, good offices, mediation, consultations, conciliation, arbitration and the DSS First Instance and Appellate Structures.]
35. [Where a dispute has not been settled following the adoption of one of the modes referred to in the previous paragraph other than arbitration or recourse to the DSS Bodies, either party may have recourse to another mode.]
36. [The Parties undertake to complete the constitutional and legislative procedures required for their participation in the procedures outlined in this Chapter. Without prejudice to the generality of the foregoing, the Parties shall ensure the uniformity of their laws, regulations and administrative procedures with the obligations set out in this Chapter and with the other provisions of the FTAA Agreement.]
37. [No reservations shall be made in respect of any provisions of this Chapter. Reservations in respect of obligations contained elsewhere in the FTAA Agreement shall be governed by the provisions of the respective chapter. ]
38. [All the dispute settlement procedures set out in this Chapter shall be open to all States, that are Parties.
39. The dispute settlement procedures in this chapter shall be open to entities subjects of international law, other than States, particularly the organs of regional interpretation regimes, the constituent instrument of which gives such organs the competence to contract into international obligations.]
40. Article 5. Choice of Forum
41. Any dispute arising between Parties under the FTAA Agreement [or any instruments, decisions or protocols agreed to under this framework that also constitute a violation of the obligations] [and] under the WTO Agreement [or any regional agreement to which the Parties to the dispute are party] may be settled in either forum at the discretion of the complaining Party.
42. [Disputes arising between Parties to a sub-regional integration agreement on matters governed in such agreement and in this FTAA Agreement, shall be subject to the dispute settlement system of the sub-regional integration agreement to which they are party.
43. Disputes arising between Parties to a sub-regional integration agreement on matters governed exclusively in this FTAA Agreement, shall be settled under the provision of this chapter.
44. Disputes arising between one or more Parties to a sub-regional integration agreement and any other Party or Parties not belonging to such sub-regional integration agreement, shall be settled under the provisions of this chapter.]
45. Once a Party has initiated dispute settlement procedures under the FTAA Agreement or the Understanding [or a regional agreement] the forum selected shall be used to the exclusion of any other. [This provision shall not apply when, in respect of the same matter, a Party bases its complaint on a different legal basis under the WTO Agreement or a regional agreement, than that available under the FTAA Agreement.]
46. [Before a Party initiates a dispute settlement proceeding under the WTO Agreement [or any regional agreement to which the Parties to the dispute are Party] against another Party, on grounds that are substantially equivalent to those available under the FTAA Agreement, the following rules shall apply:
a) the complaining Party shall notify the Parties to the FTAA Agreement of its intention to do so]
[b) if one or more of the Parties that received the respective notification wishes to have recourse to the dispute settlement proceedings under this chapter regarding the matter, those Parties and the complaining Party shall endeavor to agree on a single forum.]
[c) if there are no other Parties that wish to have recourse to the procedures under this chapter regarding this matter, or if there has been an agreement with them to have recourse to the dispute settlement proceedings under the WTO Agreement, the complaining Party shall notify its intention to the Party against which the procedure is being initiated]
47. For the purposes of this Article, dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party’s request for a neutral panel under Article 6 of the Understanding. [Likewise, dispute settlement proceedings shall be deemed to be initiated with respect to the FTAA Agreement, when [the intervention of the Commission under Article XX (Commission-good offices, conciliation and mediation)] [the establishment of an neutral panel under Article XX (Establishment of an neutral panel] has been requested. [Finally, dispute settlement proceedings under a regional agreement are deemed to be initiated by a Party’s request for an neutral panel under such agreement.] [In any case, the complaining Party shall send a copy of the request to the Party complained against and to the Secretariat.]
48. [In case a complaining Party initiates dispute settlement proceedings under the WTO Agreement or a regional agreement after initiating a proceeding under the provisions of the previous paragraph, dispute settlement proceedings initiated under the FTAA Agreement shall be deemed not to be initiated.]
49. [If the Parties to a dispute concerning the interpretation or application of the FTAA Agreement, or any other dispute arising hereunder, have agreed, through a regional or bilateral agreement, that such a dispute shall, at the request of any party to the dispute, be submitted to a procedure that entails a binding decision, that procedures shall be in lieu of the procedures provided for in this Chapter, unless the parties to the dispute agree otherwise.]
50. Article 6. Request for Consultations
51. Any Party may request in writing consultations with another Party [or other Parties] regarding any actual [or proposed] measure [or regarding any other matter that it considers might affect the [operation] [application] of the FTAA Agreement [within the terms of Article XX (Scope of Application)].]
52. [The Party initiating the procedure shall state in the request the measure or any other matter complained of, shall indicate the provisions of the FTAA Agreement that it considers relevant and shall deliver the request [to the Secretariat and] to the other Party. Such request for consultations shall be notified [by the Secretariat] to [the Commission and] the remaining FTAA Parties [within ten (10) days of the receipt of the request for consultations].]
53. [Other FTAA Parties may participate in the consultations provided that they [have a substantial [trade] interest in the matter, and] make known in writing to the [Commission] [Secretariat] their interest in participating in the consultation process within ten (10) days of submission of the request for consultations.]
54. [Whenever a Party other than the consulting parties considers that it has a [legitimate] [substantial trade] interest in consultations being held, such Party may notify the consulting Parties and the Secretariat within 10 days after the date of receipt of the request for consultations of its desire to be joined in the consultations. Such Party shall be joined in the consultations, provided that the Party to which the request for consultations was addressed agrees that the claim of [legitimate] [substantial] interest is well-founded [and based on similar facts and circumstances]. In that event the Parties shall so inform the Secretariat. If the request to be joined in the consultations is not accepted, the applicant Party shall be free to request consultations.]
55. Article 7. Consultations
56. When a request for consultations is made under the FTAA Agreement, the Party to which the request is made shall respond to it within [ten (10)] days [unless the Parties agree otherwise] [, and shall enter into consultations [in good faith] within a period of no more than  [days]. The Parties shall endeavor to reach an agreement within a period of no more than [thirty (30)] [forty-five (45)] [sixty (60)] days. [If the Party does not respond within 10 days, or does not enter into consultations within a period of no more than 30 days, or a period otherwise mutually agreed, after the date of the request, then the Party that requested the holding of consultations may proceed directly to request the establishment of a neutral panel.] [When at least one of the Parties is a developing country, it may have an extension of this time period of up to thirty (30) days.] [When other Parties are joined in the consultations this time period shall be forty-five (45) days.]
57. During the consultations, the Parties:
a) shall act in good faith and diligently with a view to arriving at a mutually satisfactory resolution;
b) shall provide sufficient information [to enable a full examination of how the actual [or proposed] measure or any other matter, might affect the operation of the FTAA Agreement];
c) shall treat any confidential [or proprietary] information in the consultations on the same basis as the Party providing the information;
d) [shall seek to avoid any resolution that adversely affects the interests under the FTAA Agreement of any other Party.]
58. The consultations [shall be confidential and] shall not prejudice the rights of any of the Parties in other stages of the dispute settlement mechanism established in this chapter.
59. [In the course of the consultations, the Parties may:
a) call on such technical advisers or create such working groups or expert groups as they deem necessary; or
b) have recourse to good offices, conciliation, mediation or such other dispute resolution procedures
60. as may assist the Parties in reaching a mutually satisfactory resolution of the dispute.]
61. Once the Parties have arrived at a mutually satisfactory resolution in the consultations, they shall communicate the results to the [Secretariat] [Commission] for notification to the other Parties to the FTAA Agreement.
62. [The Parties, jointly, may request directly the Commission to convene, pursuant to Article XX (Intervention of the Commission - Good Offices, Conciliation and Mediation), even when they have not held the consultations established in this article.5]
63. [The Party that has requested the initiation of consultations and that has met with the other Party, may request the establishment of the neutral panel , pursuant to Article XX (Establishment of the Group of Experts), even if the period provided for the consultations has not expired, or also if the Commission has not intervened pursuant to Article XX (Intervention of the Commission - Good Offices, Conciliation and Mediation)6]
64. [If the Party to whom the request for consultations has been made does not respond to the request within the time period established or responds that it will not hold consultations [or does not enter into consultations within a period of ___ days,] the Party requesting consultations may [request the establishment of the neutral panel] [have recourse to other dispute settlement mechanisms provided in this chapter.] If there are several Parties to whom the request for consultations is made, this provision shall only have effect for those Parties that do not respond in the period indicated.]
65. Article 8. Cases Involving Perishable [Agricultural] Goods [and Other Cases of Urgency]
66. In cases [of urgency including those] involving perishable [agricultural] [fish and fishery] goods [:] [consultations shall commence within [three (3)] [fifteen (15)] days of the date of receipt of the request by the party to whom the request for consultation has been made.] [Where such consultations are not entered into, or where they fail to settle the dispute within 7 days, the requesting Party may resort to binding third party settlement.]
[a) a Party may request in writing a meeting of the Commission if a matter is not resolved pursuant to Article XX (Consultations), within ____ days, and ]
[b) the Party that has requested the intervention of the Commission, pursuant to Article XX (Intervention of the Commission -- Good Offices, Conciliation and Mediation), may request in writing the establishment of a neutral panel if the issue has not been resolved within ____ days after the meeting of the Commission or, if such meeting has not occurred, within ____ days of the date of receipt of the request for the convening of the Commission.]
67. [In cases of urgency distinct from those provided for in the previous paragraph] [including goods with seasonal demand,] [the Parties [and the neutral panels] shall, to the extent possible, endeavor to [accelerate the proceedings to the maximum extent possible] [reduce by half the period provided for in Articles XX (Intervention of the Commission - Good Offices, Conciliation, and Mediation) and XX (Request to Establish the Neutral Panel).]
68. [Article 9. Intervention of the Commission -- Good Offices, Conciliation and Mediation
69. Any Party to the consultations may request in writing a meeting of the Commission provided that [a matter is not resolved pursuant to Article XX (Consultations) or Article XX (Cases Involving Perishable [Agricultural] Goods [and other Cases of Urgency)] ]
[a) The dispute was not settled in accordance with Article XX within thirty (30) days after the initiation of consultations, or was only partially settled.
b) The Party to which the request for consultations was made did not reply within the ten- (10-) day period following the receipt of the request.]
70. The request referred to in the preceding paragraph shall indicate the measure or any other matter complained of and shall indicate [the factual circumstances and] [the legal basis of the complaint] [the provisions of this Agreement that it considers relevant]. This request shall be notified to the Secretariat, which in turn shall notify the other Parties and the Commission.
71. [Unless it decides otherwise, the Commission shall convene within 10 days of delivery of the request, and, shall endeavor to resolve the dispute promptly. [The Commission shall convene at the headquarters of the Secretariat or at any other location agreed by the Parties.] For the purpose of reaching a mutually satisfactory settlement of the dispute, the Commission may:] [The Commission shall evaluate the situation, giving an opportunity to the Parties to the dispute to explain their respective positions, and may:]
a) call on such technical advisers or create such [working groups or] expert groups as it deems necessary;
b) [have recourse to good offices, conciliation, mediation or such other dispute resolution procedures; [or]
c) make recommendations.]
[At the conclusion of this proceeding, the Commission shall make proposals and recommendations to the Parties to the dispute with the aim of solving the dispute. The procedure described in this section shall not be extended for a period longer than thirty (30) days, from the date on which the dispute was submitted for the consideration by the Commission. The Parties shall have a period of fifteen (15) calendar days from the notification of the proposals and recommendations by the DSB to accept or reject them.]
72. If there is no consensus in the Commission regarding any of the alternatives stipulated in the preceding paragraph, a neutral panel shall be established.]
73. [Article 10. Consolidation of Procedures
74. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it regarding the same measure that it determines are appropriate to be considered jointly [by its nature or possible thematic relationship].]
75. [Article 11. Good Offices, Conciliation and Mediation
76. Good offices, conciliation and mediation are alternative methods for settling disputes and shall never be an obligatory stage of proceedings. They may be undertaken voluntarily if the parties so agree.
77. [Good offices, conciliation and mediation may be initiated at any time and may be terminated at any time.]
78. Proceedings involving mediation and, in particular, positions taken by parties during the proceedings, shall be confidential and without prejudice to the rights of the parties in any further proceedings.
79. In dispute settlement cases involving a developing country Party, where a satisfactory solution has not been found in the course of consultations the Secretariat shall, upon request by a developing country offer its good offices, conciliation and mediation with a view to assisting the Parties to settle the dispute, before a request for a neutral panel is made.
80. If the Parties agree, procedures for good offices, conciliation or mediation may continue while the neutral panel and Appellate Body process proceeds.
81. Moreover, in case the 30-day time period established in the previous article for good offices, mediation and conciliation expires, the neutral panel shall be constituted automatically and immediately.
82. In all cases the neutral panel may be constituted without the need for good offices, mediation or conciliation to be exhausted.]
83. [Article 12. Initiation of Conciliation Proceedings
84. Where Parties to a dispute have agreed to submit the dispute to conciliation under this Part, any one Party may institute proceedings by notification addressed to the other party or parties to the dispute.]
85. [Article 13. Establishment of a List of Conciliators
86. A List of Conciliators shall be established and maintained by the [
]. Every Party shall be entitled to nominate two conciliators, each of whom shall be a person enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the List. If at any time the number of conciliators nominated by a Party is less than two, the Party concerned shall be entitled to make such nominations as are necessary. The name of a conciliator shall remain on the List until withdrawn by the Party which made the nomination. Where a conciliator has been appointed to serve on any mediation or conciliation commission, the conciliator shall continue to serve on such Commission until the completion of the relevant proceedings.
87. The term of a conciliator, including that of a conciliator appointed to fill a vacancy, shall be five (5) years and may be renewed.]
88. [Article 14. Constitution of Conciliation Commission
89. A conciliation commission shall be constituted from time to time as follows:
(a) Subject to the provisions of this Article, a conciliation commission shall consist of three members;
(b) Unless the parties otherwise agree, the party instituting the proceedings shall appoint one conciliator to be chosen from the List mentioned in Article XX. The conciliator appointed may be a national of the party making the appointment. Such an appointment shall be included in the notification mentioned in Article XX;
(c) The other party to the dispute shall appoint a conciliator in the manner set forth in sub-paragraph (b) within ten days. If the appointment is not made within that period, the party instituting the proceedings may, within one week of the expiration of that period, the party initiating the procedure may either terminate it by notification addressed to the other party or request the [ ] to make the appointment in accordance with sub-paragraph (e);
(d) Within ten days after both conciliators have been appointed, they shall appoint a third conciliator chosen from the List referred to in Article XX (Establishment of the List of Conciliators). The third conciliator shall be the Chairman. If the appointment is not made within that period either party may, within one week of the expiration of that period, request the [...................] to make the appointment in accordance with sub-paragraph (e);
(e) Within ten days of the receipt of a request under sub-paragraphs (c) and (d), the [.................] shall make the necessary appointments from the List referred to in Article XX (Establishment of the List of Conciliators) in consultation with the parties to the dispute;
(f) Any vacancy on a conciliation commission shall be filled in the manner prescribed for the initial appointment;
(g) Two or more Contracting Parties to a dispute who determine by agreement that they are of the same interest shall appoint one conciliator jointly;
(h) In disputes involving more than two parties having separate interests, or where there is disagreement as to whether they are of the same interest, the parties shall apply sub-paragraphs (a) to (f) in so far as may be possible.]
90. [Article 15. Amicable Settlement
91. A conciliation commission may draw to the attention of the parties to the dispute any measures which might facilitate an amicable settlement of the dispute.]
92. [Article 16. Functions of Conciliation Commission
93. A conciliation commission shall hear the parties to the dispute, examine their claims and objections, and make proposals to the parties with a view to reaching an amicable settlement.]
94. [Article 17. Procedure
95. A conciliation commission shall, unless the parties to the dispute otherwise agree, determine its own procedure. A conciliation commission may, with the consent of the parties to the dispute, invite any Party to submit its views to the commission, orally or in writing. The report and recommendations and decisions of the commission regarding procedural matters shall be made by a majority vote of its members.
96. The parties to the dispute may, by agreement applicable solely to that dispute, modify the procedure referred to in the previous paragraph.]
97. [Article 18. Report
98. A conciliation commission shall report within three months of its constitution. Its report shall record any agreements reached and, failing agreement, its conclusions on all questions of law or fact relevant to the matter in dispute and such recommendations as a conciliation commission may deem appropriate for an amicable settlement.
99. The conclusions or recommendations of a conciliation commission shall not be binding upon the parties.]
100. [Article 19. Termination
101. The conciliation proceedings shall be deemed to be terminated when a settlement has been reached, when the parties have accepted or one party has rejected the recommendations of the report by notification addressed to the [.................], or when a period of one month has expired from the date of transmission of the report to the parties.]
102. Article 20. Request for the Establishment of the Neutral Panel
103. [The Party that has requested the intervention of the Commission] [Any Party] [The complaining party] [Any of the consulting parties] may [with the consent of the other Party] request in writing the establishment of a neutral panel, [Unless the Parties agree on another period, the neutral panel shall be established under the FTAA Agreement,] when [the Party to whom the request for consultations has been made does not respond within 10 days, or when] the matter has not been resolved [or only partially resolved] within:
a) thirty (30) days after [the meeting of the Commission] [consultations] or, [if this has not occurred], thirty (30) days after the delivery of the request for such meeting] [consultations]; or
b) [thirty (30) days after the Commission has convened in respect of the matter most recently referred to it where proceedings have been consolidated pursuant to Article XX (Consolidation of Procedures) or] [45 days of delivery of the first such request if any other Party has subsequently requested or has participated in consultations regarding the same matter, or]
c) [fifteen (15) days provided for perishable goods or prior to the expiration of such period by common agreement between the Parties;]
d) [thirty (30) days established for good offices, mediation or conciliation, or prior to the expiration of such period by common agreement between the Parties].
104. [When good offices, conciliation or mediation are entered into within 30 days after the date of receipt of a request for consultations, the complaining party must allow a period of 30 days after the date of receipt of the request for consultations before requesting the establishment of a neutral panel. The complaining party may request the establishment of a neutral panel during the 30-day period if the parties jointly consider that the good offices, conciliation or mediation process has failed to settle the dispute. ]
105. The request for the establishment of the neutral panel shall be made in writing. and shall indicate whether consultations were held [and whether the Commission has intervened], identify [the specific measures in dispute ] [ or other matter complained of] and provide a brief summary of the legal basis of the complaint, [and shall indicate the provisions of the FTAA Agreement that it considers relevant] sufficient to present the dispute clearly. In case the applicant requests the establishment of a neutral panel with other than standard terms of reference, the written request shall include the proposed text of special terms of reference.
106. [The Party that requests the establishment of the neutral panel shall [notify] [deliver] the request [to the Parties to the FTAA Agreement] [to the Party or Parties complained against, and to the other Parties, if any] [that are entitled to request the establishment of aneutral panel.] [The latter Parties shall have a period of ten (10) days to make known their interest in participating in the procedure as a complaining Party.]]
1 [The rules and procedures in this Chapter shall apply subject to such special or additional rules and procedures on dispute settlement contained in this FTAA Agreement as are identified in Annex _____.]
2 The term “neutral panel” is used throughout the draft chapter without prejudice to the NGDS adopting another term as it advances in its discussion on a dispute settlement system, including on the establishment or not of an appellate review.
3 The term “report” is used throughout this draft chapter without prejudice to the NGDS adopting another term, such as “decision” or “award,” as the Group advances in its discussion.
4 [As the substantive negotiations progress, other issues concerning choice of forum will arise and should be addressed. For example, where the substantive rules of the FTAA Agreement are better developed than comparable rules in other fora, the agreement may express a preference for dispute settlement proceedings under the FTAA Agreement.]
5 [Once the FTAA institutional structure is agreed upon, consideration should be given, in cases where administrative committees or sub-committees for the Agreement are established, to having their meetings constitute satisfaction of the consultation stage between the Parties.]