Free Trade Area of the Americas - FTAA

 
Ministerial
Declarations
Trade Negotiations
Committee
Negotiating
Groups
Special
Committees
Business
Facilitation
Civil
Society
Trade&Tariff
Database
Hemispheric
Cooperation
Program

Home Countries Sitemap A-Z list Governmental Contact Points

 
 

Provisions on Trade in Services in Trade and Integration Agreements in the Western Hemisphere


Part II: Bilateral Free Trade Agreements
XVIII. Settlement of Disputes: B. Panel Procedures

Chile/Mexico
Chapter 18, Article 18-06: Request for Integration of Arbitral Panel:
If the Commission has convened pursuant to Article 18-05(4) and the matter has not resolved within:
(a) 30 days thereafter;
(b) 30 days after the Commission has convened in respect to the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 18-05(5); or
(c) any other period that the Parties agree;
Any consulting Party may request in writing the establishment of an arbitral panel. The requesting Party may deliver the request to its Section of the Secretariat and to the other Party.

Article 18-07: Roster:
The Parties shall establish by consensus, at the latest on October 1, 1998, a roster of up to 20 individuals who have satisfied the qualifications and talent necessary for the arbitral, 4 of whom must not be citizens of any Parties. The roster may be modified every 3 years.

The members of the roster should:
(a) have expertise or experience in law, international trade, other matters related with this Treaty, or in the resolution of controversies derived from international trade agreements;
(b) be elected strictly on the basis of objectivity, reliability, and sound judgement;
(c) be independent, not be tied with any Parties, and not receive instructions from any Parties; and
(d) comply with the code of conduct that the Commission establishes.
Article 18-08: Qualifications of the arbitrators
Article 18-09: Constitution of Arbitral Panel
Article 18-10: Rules of Procedure
Article 18-13: Preliminary Report:
Unless the disputing Parties otherwise agree, within 90 days following the nomination of the last member of the arbitral panel, the arbitral panel shall present to the Parties a preliminary report containing:
(a) the conclusions;
(b) the determination if the measures in question is compatible with the obligations of this Treaty; and
(c) its recommendations for the settlement of dispute. Article 18-14: Final Report: Unless the disputing Parties otherwise agree, the arbitral panel shall present to the Commission a final report within 30 days of presentation of the preliminary report, along with the particular votes on issues not decided on unanimously.

Chile/Canada
Article N-08: Request for an Arbitral Panel
If the Commission has convened pursuant to Article N-07(4), and the matter has not been resolved within: (a) 30 days thereafter; (b) 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 N-07(6); or (c) such other period as the Parties may agree, a Party may request in writing the establishment of an arbitral panel. The requesting Party shall deliver the request to its Section of the Secretariat and the other Party.
Article N-09: Roster
The Parties shall establish by January 1, 1998 at the latest and maintain a roster of up to 20 individuals, 4 of whom must not be citizens of either of the Parties, who are willing and able to serve as panelists. The roster members shall be appointed by agreement of the Parties for terms of three years, and may be reappointed.
Article N-10: Qualification of Panelists
Article N-11: Panel Selection
Article N-12: Rules of Procedure

Article N-15: Initial Report
Unless the disputing Parties otherwise agree, the panel shall base its report on the submissions and arguments of the Parties and on any information before it pursuant to Article N-13 (Role of Experts) or N-14 (Scientific Review Boards).

Article N-16: Final Report
The panel shall present to the Parties a final report, including any separate opinions on matters not unanimously agreed, within 30 days of presentation of the initial report, unless the Parties otherwise agree.

Mexico/Nicaragua
Article 20-07: Request for an Arbitral Panel
If the Commission has convened pursuant to the Article 20-06 (4) and the matter has not been resolved within 45 days thereafter, any Party may request in writing the establishment of an arbitral panel. The requesting Party shall deliver the request to its Secretariat and to the other Party.

Article 20-08: Roster: The Commission shall establish the roster of 20 persons who are willing and able to serve as panelists. The members of the roster shall be designated by common agreement for a period of three years and may be reappointed.
The members of the roster:
(a) shall have expertise and experience in law, international trade, other matters related with this Treaty, or in the resolution of controversies derived from international commercial agreements;
(b) shall be elected strictly on the basis of objectivity, reliability, and sound judgement;
(c) shall be independent, not be tied with the Parties and not receive instructions from the Parties; and
(d) comply with the code of conduct that the Commission establishes.

The roster includes experts from non-Parties.
Article 20-09: Qualifications of the arbitrators Article 20-10: Constitution of Arbitral Panel Article 20-11: Rules of Procedure Article 20-13: Preliminary Decision:
Unless the disputing Parties otherwise agree, within 90 days following the nomination of the last member of the arbitral panel, the arbitral panel shall present to the Parties a preliminary report containing: (a) the conclusions; (b) a determination of whether the measures in question are compatible with the obligations of this Treaty; and (c) the proposal for a decision.
Article 20-14: Final Report:
Within 30 days of presentation of the preliminary report, the arbitral panel shall present to the Commission a final report decided by the majority, along with the particular votes on issues not decided on unanimously.

Mexico/Bolivia
Chapter XIX in Mexico/Bolivia and Chapter XVII in Mexico/Costa Rica
Both Agreements include specific chapters on Dispute Settlement which provide for various procedures in the case of a commercial dispute relating to the implementation of the provisions of the Treaty. These include consultations, conciliation and mediation by the Commission, or failing these, provisions for the establishment of a panel which must carry out its deliberations according to specified procedures, and within specified time frames. The Agreements state that the Parties may choose to resolve their disputes either under the GATT/WTO provisions or under the Treaty provisions, without preference, at the choice of the requesting Party.

Mexico/Costa Rica
Chapter XIX in Mexico/Bolivia and Chapter XVII in Mexico/Costa Rica
Both Agreements include specific chapters on Dispute Settlement which provide for various procedures in the case of a commercial dispute relating to the implementation of the provisions of the Treaty. These include consultations, conciliation and mediation by the Commission, or failing these, provisions for the establishment of a panel which must carry out its deliberations according to specified procedures, and within specified time frames. The Agreements state that the Parties may choose to resolve their disputes either under the GATT/WTO provisions or under the Treaty provisions, without preference, at the choice of the requesting Party.

 
countries sitemap a-z list governmental contact points