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Derestricted Established in Existing Trade and Integration Agreements, Treaties and Arrangements in the Hemisphere and in the WTO Foreword This inventory was prepared by the Trade Unit of the Organization of American States (OAS) at the request of the Free Trade Area of the Americas (FTAA) Negotiating Group on Dispute Settlement (NGDS), and does not reflect necessarily the opinions of the OAS, its personnel, or its member states. Words in italics (or within quotation marks) represent direct quotations from the referenced material available to the OAS. They do not have the legal standing of the official texts of the original documents. The OAS has made every effort to ensure, but does not guarantee the accuracy of the information contained in this inventory. The information is provided without warranty of any kind, express or implied. I. Introduction
At their Second Ministerial Trade Meeting held in Cartagena, Colombia on 21 March, 1996, the Ministers Responsible for Trade requested “the OAS to start compiling information on the dispute settlement mechanisms being used in bilateral and subregional trade agreements in the Hemisphere.”1 The OAS distributed a first draft of a dispute settlement analytical compendium to the Ministers at their Third Ministerial Trade Meeting held in Belo Horizonte, Brazil on 16 May 1997. At that meeting, the Ministers set up the Working Group on Dispute Settlement (WGDS) and established its terms of reference. The Group was mandated inter alia to “[c]ompile an inventory of dispute settlement procedures and mechanisms included in agreements, treaties and arrangements of integration existing in the hemisphere and those of the WTO, appending the legal texts.” In this respect, the Group was instructed to “take into account the compilation of information prepared by the OAS, as requested at Cartagena.”2 The OAS submitted a revised compendium to the WGDS at its first meeting of 10-11 July 1997, and a “systematization” paper on dispute settlement procedures and mechanisms as requested by the Working Group at its third and last meeting of 19-20 February 1998. At that meeting, the WGDS adopted a working list of agreements and a structure for the inventory. At their Fourth Trade Ministerial Meeting held in San José, Costa Rica on 19 March 1998, the Ministers Responsible for Trade recommended to their Heads of State and Government, the initiation of FTAA negotiations. Ministers established the Trade Negotiations Committee (TNC) at the Vice-Ministerial level, as well as nine negotiating groups, one of which is on dispute settlement.3 The TNC, at its meeting in Buenos Aires on 19 June 1998, established the work program for the Negotiating Group on Dispute Settlement (NGDS). The Negotiating Group, inter alia, was instructed to continue the previous work of the Working Group on Dispute Settlement aimed at completing the inventory of dispute settlement mechanisms, procedures and legal texts established in the existing integration schemes, treaties and agreements in the hemisphere, as well as those of the WTO. In fulfillment of this mandate, the NGDS instructed the Tripartite Committee (OAS) to complete the inventory of dispute settlement mechanisms, procedures and legal texts. The present document responds to this instruction.
The focus of this inventory is limited to dispute settlement mechanisms applicable to disputes between states that are subject to a trade agreement and that may arise in this Hemisphere, with the exclusion of disputes involving foreign investment.4 Moreover, the focus has been limited further to general dispute settlement provisions under the agreements covered; and not to provisions that are specific to a particular trade practice, such as dumping or subsidies, or to a particular sector, such as agriculture, government procurement, or the temporary entry of business persons.
Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations and Marrakesh Agreement Establishing the World Trade Organization (which includes in Annex 2: Understanding on Rules and Procedures Governing the Settlement of Disputes) (WTO), 15 April 1994; Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes, WT/DSB/RC/1, 11 December 1996; Working Procedures for Appellate Review, WT/AB/WP/3, 28 February 1997
1. Montevideo Treaty Establishing the Latin American Integration Association (LAIA), 12 August 1980; Resolution 114, Procedure Aimed at Maintaining Compliance with Contractual Obligations, 22 March 1990 2. Cartagena Agreement (Official Codified Text of the Andean Subregional Integration Agreement, which includes changes from the Protocol Modifying the Andean Subregional Integration Agreement, 10 March 1996) (Andean Community), 25 June 1997; Treaty Creating the Court of Justice of the Cartagena Agreement, 25 May 1979; By-Laws of the Court of Justice of the Cartagena Agreement (Decision 184), 19 August 1983; Internal Rules of the Court of Justice of the Cartagena Agreement, 9 May 1984; Protocol Modifying the Treaty Creating the Court of Justice of the Cartagena Agreement, 28 May 1996 (has not entered into force yet) 3. Treaty Establishing the Caribbean Community and Common Market (CARICOM), 4 July 1973; Protocol Amending the Treaty Establishing the Caribbean Community, 1997; Agreement Establishing the Caribbean Court of Justice,______ 4. General Treaty on Central American Economic Integration Between Guatemala, El Salvador, Honduras and Nicaragua (CACM), 13 December 1960; Protocol of Tegulcigalpa to the Charter of the Organization of Central American States, 13 December 1991; Protocol of Guatemala to the General Treaty on Central American Economic Integration, 29 October 1993; Convenio del Estatuto de la Corte Centroamericana de Justicia, 13 December 1992 5. Treaty on Free Trade Between the Republic of Colombia, the Republic of Venezuela and the United Mexican States (Group of Three), 13 June 1994; Decision No. 9 of the Administrative Commission, ____ 6. Treaty of Asuncion Establishing the Southern Common Market (MERCOSUR) 26 March 1991; Council Decision MERCOSUR/CMD/DEC NO. 01/91: Protocol of Brasilia for Dispute Settlement, 17 December 1991; Additional Protocol to the Treaty of Asuncion on the Institutional Structure of Mercosur (Protocol of Ouro Preto), 17 December 1994; Rules of the Protocol of Brasilia for Dispute Settlement, 10 October 1998 7. North American Free Trade Agreement (NAFTA), 17 December 1992; Model Rules of Procedure for Chapter Twenty of the North American Free Trade Agreement; Code of Conduct for Dispute Settlement Procedures under Chapters 19 & 20 of the North American Free Trade Agreement 8. Economic Association Treaty Between Guatemala, Honduras and El Salvador (Tripartite Treaty), 6 February 1960 C. Bilateral Agreements (Group-State) 1. Agreement on Trade, Economic and Technical Cooperation Between the Caribbean Community (CARICOM) and the Government of the Republic of Colombia (CARICOM-Colombia), 24 July 1994 2. Agreement on Trade, Economic and Technical Cooperation Between the Caribbean Community (CARICOM) and the Government of the Republic of Venezuela (CARICOM-Venezuela), 13 October 1992 3. Treaty on Free Trade Between Central America and Dominican Republic (Central America-Dominican Republic), 16 April 1998 4. Economic Complement Agreement No. 36 Mercosur-Bolivia (MERCOSUR-Bolivia), 25 June 1996 5. Economic Complement Agreement No. 35 Mercosur-Chile (MERCOSUR-Chile), 25 June 1996 D. Bilateral Agreements (State-State) 1. Economic Complement Agreement No. 16 Between Argentina and Chile (Argentina-Chile), 2 August 1991; Second Protocol Additional to the Economic Complement Agreement No. 16, 17 June 1992 2. Economic Complement Agreement of Partial Scope Between Argentina and Venezuela (Argentina-Venezuela), 6 October 1992 3. Economic Complement Agreement No. 22 Between the Government of the Republic of Bolivia and the Government of the Republic of Chile (Bolivia-Chile), 6 April 1993 4. Free Trade Agreement Between the Republic of Bolivia and the United Mexican States (Bolivia-Mexico), 10 September 1994 5. Economic Complement Agreement of Partial Scope No. 25 Between Brazil and Peru (Brazil-Peru), 10 February 1994 6. Economic Complement Agreement No. 27 Brazil-Venezuela (Brazil-Venezuela), 15 July 1997 7. Free Trade Agreement Between the Government of Canada and the Government of the Republic of Chile (Canada-Chile), 5 December 1996 8. Economic Complement Agreement No. 24 for the Establishment of an Enlarged Economic Space Between Chile and Colombia (Chile-Colombia), 6 December 1993 9. Economic Complement Agreement No. 32 for the Establishment of an Enlarged Economic Space Between Chile and Ecuador (Chile-Ecuador), 20 December 1994 10. Economic Complement Agreement No. 17 Between the Government of the Republic of Chile and the Government of the United Mexican States (Chile-Mexico), 22 September 1991; Free Trade Treaty Between the Government of the Republic of Chile and the Government of the United Mexican States, _____________ 11. Economic Complement Agreement Between Chile and Peru for the Agreement on a Free Trade Area (Chile-Peru), 22 June 1998 12. Economic Complement Agreement No. 23 for the Establishment of an Enlarged Economic Space Between Chile and Venezuela (Chile-Venezuela), 2 April 1993 13. Agreement of Partial Scope Between the Republic of Colombia and the Republic of Honduras (Colombia-Honduras), _____________. 14. Agreement of Partial Scope Between the Republic of Colombia and the Republic of Nicaragua (Colombia-Nicaragua), ____________. 15. Commercial Convention Between the Government of the Republic of Costa Rica and the Government of the Republic of Argentina (Costa Rica-Argentina), 20 October 1979 16. Agreement of Partial Scope Between Costa Rica and Colombia (Costa Rica-Colombia), 2 March 1984 17. Free Trade Treaty Between the Republic of Costa Rica and the United Mexican States (Costa Rica-Mexico), 5 April 1994 18. Commercial Convention Subscribed Between the Republic of Costa Rica and the Republic of Uruguay (Costa Rica-Uruguay), 24 May 1983 19. Basic Convention of Economic and Trade Cooperation Between the Government of the Republic of Venezuela and the Government of Costa Rica (Costa Rica-Venezuela), 18 June 1980; Convention of Partial Scope Between the Government of Costa Rica and the Government of Venezuela, 21 March 1986 20. Commercial Convention Between the Government of the Dominican Republic and the Government of the Republic of Costa Rica (Dominican Republic-Costa Rica), 18 May 1981 21. Economic Complement Agreement of Partial Scope No. 21 Between Ecuador and Argentina (Ecuador-Argentina), _____________ 22. Agreement of Partial Scope No. 29 Between Ecuador and the United Mexican States (Ecuador-Mexico) _____________ 23. Economic Complement Agreement of Partial Scope No. 30 Between Ecuador and Paraguay (Ecuador-Paraguay), _____________ 24. Economic Complement Agreement No. 28 Between Ecuador and Uruguay (Ecuador-Uruguay), 1 May 1984 25. Agreement of Partial Scope Between the Republic of El Salvador and the Republic of Colombia (El Salvador-Colombia), _____________. 26. Agreement of Partial Scope Between the Republic of Guatemala and the Republic of Colombia (Guatemala-Colombia), _____________. 27. Free Trade Treaty Between the United Mexican States and the Republic of Nicaragua (Mexico-Nicaragua), ____ 28. Agreement of Partial Scope Between the Republic of Panama and the Republic of Colombia (Panama-Colombia), 9 July 1993 29. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Costa Rica (Panama-Costa Rica), 8 June 1973; Rules for the Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Costa Rica, 23 April 1986 30. Commercial Treaty Between the Republic of Panama and the Dominican Republic (Panama-Dominican Republic), 17 July 1985 31. Free Trade and Preferential Exchange Treaty Between the Republic of Panama and the Republic of El Salvador (Panama-El Salvador), 2 June 1970; Rules for the Free Trade and Preferential Exchange Treaty Between the Republic of Panama and the Republic of El Salvador, 14 December 1985 32. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Guatemala (Panama-Guatemala), 20 June 1974; Rules for the Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Guatemala, 22 September 1986 33. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Honduras (Panama-Honduras), 8 November 1973 34. Agreement of Partial Scope Between the Republic of Panama and the United Mexican States (Panama-Mexico), 22 May 1985 35. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Nicaragua (Panama-Nicaragua), 26 July 1973; Rules for the Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Nicaragua, 25 July 1974 III. Identification of Instruments
WTO Annex 2. Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU); Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes; Working Procedures for Appellate Review
LAIA Chapter VI: Institutional Organization, Articles 35 and 36, Resolution 114 Andean Community Cartagena Agreement, Chapter II, Section E - Concerning the Andean Community Tribunal of Justice, and Section I - Concerning Dispute Settlement; Treaty Creating the Court of Justice of the Cartagena Agreement; By-Laws of the Court of Justice of the Cartagena Agreement; Internal Rules of the Court of Justice of the Cartagena Agreement; Protocol Modifying the Treaty Creating the Court of Justice of the Cartagena Agreement CARICOM CARICOM Treaty, Chapter III: Coordination and Functional Cooperation, Article 19 - Settlement of Disputes, and Annex: The Caribbean Common Market, Chapter II: Organs of the Common Market, Article 11- Disputes Procedure within the Common Market, and Article 12 - Reference to Tribunal; Protocol Amending the Treaty, Articles III, IV, V, VII, VIII, and XI CACM General Treaty, Chapter X: General Provisions, Article XXVI; Protocol de Tegulcigalpa, Article 35 and Transitional Provisions Article 3 Group of Three Chapter XIX: Dispute Settlement, Chapter XX: Administration of the Treaty; Decision No. 9 of the Administrative Commission adopting Model Rules of Procedure governing dispute settlement under Chapter XIX of the Treaty MERCOSUR Treaty of Asuncion, Annex III: Dispute Settlement; Protocol of Brasilia for Dispute Settlement; Protocol of Ouro Preto, Chapter VI: Dispute Settlement System, Annex: General Procedure for Complaints to the MERCOSUR Trade Commission; Rules of the Protocol of Brasilia for Dispute Settlement NAFTA Chapter 20: Institutional Arrangements and Dispute Settlement Procedures; Model Rules of Procedure for Chapter Twenty of the North American Free Trade Agreement; Code of Conduct for Dispute Settlement Procedures under Chapters 19 & 20 of the North American Free Trade Agreement Tripartite Treaty Article XXIX
CARICOM-Colombia Chapter I Article 2: The Joint Council, Chapter IV Article 21: Settlement of Disputes CARICOM-Venezuela Article 2: The Joint Council, Article 17: Settlement of Disputes Central America-Dominican Republic Chapter XVI: Dispute Settlement, Chapter XVIII: Administration of the Treaty MERCOSUR-Bolivia Title VIII: Dispute Settlement, Article 21, Title XVII: Administration and Evaluation of the Agreement, Articles 39 and 40, Annex XI: Dispute Settlement System MERCOSUR-Chile Title VIII: Dispute Settlement, Article 22, Title XIX: Administration and Evaluation of the Agreement, Articles 46 and 47, Annex 14: Dispute Settlement System
Argentina-Chile Chapter XIII: Dispute Settlement, Article 27; Second Additional Protocol Argentina-Venezuela Chapter IX: Administration of the Agreement, Chapter X: Dispute Settlement Bolivia-Chile Chapter XI: Administrative Commission of the Agreement; Chapter XIII: Dispute Settlement Bolivia-Mexico Chapter XVIII: Administration of the Treaty, Chapter XIX: Dispute Settlement Brazil-Peru Annex IV: Dispute Settlement Mechanism Brazil-Venezuela Article 26 Canada-Chile Chapter N: Institutional Arrangements and Dispute Settlement Procedures Chile-Colombia Chapter XVII: Dispute Settlement, Chapter XVIII: Administration of the Agreement Chile-Ecuador Chapter XVIII: Dispute Settlement, Chapter XIX: Administration of the Agreement Chile-Mexico Chapter XVI: Dispute Settlement, Chapter XVII: Administration of the Agreement; Free Trade Treaty, Chapter 17: Administration of the Treaty, Chapter 18: Dispute Settlement Chile-Peru Chapter XVI: Dispute Settlement, Annex 8: Dispute Settlement System Chile-Venezuela Chapter XVI: Dispute Settlement, Chapter XVIII: Administration of the Agreement Colombia-Honduras Chaper XI: Administration of the Agreement Colombia-Nicaragua Chapter XI: Administration of the Agreement Costa Rica-Argentina Article 9 Costa Rica-Colombia Chapter XI: Administration of the Agreement, Articles 18 and 19 Costa Rica-Mexico Chapter XVI: Administration of the Treaty, Chapter XVII: Dispute Settlement Costa Rica-Uruguay Article XII Costa Rica-Venezuela Basic Convention, Article 8; Partial Scope Convention, Chapter XII: Administration of the Agreement, Articles 45-47 Dominican Republic-Costa Rica Second Chapter: Administration of the Convention, Articles XI, XII and XVI Ecuador-Argentina Chapter XII: Dispute Settlement, Article 23 Ecuador-Mexico Chapter XIV: Administration of the Agreement, Article 33 Ecuador-Paraguay Chapter XIV: Administration of the Agreement, Article 40 Ecuador-Uruguay Article 22 El Salvador-Colombia Chapter XI: Administration of the Agreement Guatemala-Colombia Chapter XI: Administration of the Agreement Mexico-Nicaragua Chapter XIX: Administration of the Treaty, Chapter XX: Dispute Settlement Panama-Colombia Chapter XI: Dispute Settlement, Article32, Chapter XIV: Administration of the Agreement, Articles 35 and 36 Panama-Costa Rica Articles 23-25; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 16, 17, and 22, Chapter VI: Concerning Dispute Settlement, Articles 27-31 Panama-Dominican Republic Articles XVI-XVIII Panama-El Salvador Article 18; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 19, 20, and 25, Chapter VI: Concerning Dispute Settlement, Articles 30-34 Panama-Guatemala Articles 21-23; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 19, 20, and 26, Chapter VI: Concerning Dispute Settlement, Articles 31-35 Panama-Honduras Articles 23-25 Panama-Mexico Chapter XIII: Administration of the Agreement, Article 25 Panama-Nicaragua Articles 23-25; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 15-17, and 21, Chapter VI: Concerning Dispute Settlement, Articles 26-30 IV. Mechanisms and Procedures for Dispute Settlement in the WTO Agreement
Article 1: Coverage and Application 1. The rules and procedures of this Understanding shall apply to disputes brought pursuant to the consultation and dispute settlement provisions of the agreements listed in Appendix 1 to this Understanding (referred to in this Understanding as the "covered agreements"). The rules and procedures of this Understanding shall also apply to consultations and the settlement of disputes between Members concerning their rights and obligations under the provisions of the Agreement Establishing the World Trade Organization (referred to in this Understanding as the "WTO Agreement") and of this Understanding taken in isolation or in combination with any other covered agreement. Article 2: Administration 1. The Dispute Settlement Body is hereby established to administer these rules and procedures and, except as otherwise provided in a covered agreement, the consultation and dispute settlement provisions of the covered agreements. Accordingly, the DSB shall have the authority to establish panels, adopt panel and Appellate Body reports, maintain surveillance of implementation of rulings and recommendations, and authorize suspension of concessions and other obligations under the covered agreements. With respect to disputes arising under a covered agreement which is a Plurilateral Trade Agreement, the term "Member" as used herein shall refer only to those Members that are parties to the relevant Plurilateral Trade Agreement. Where the DSB administers the dispute settlement provisions of a Plurilateral Trade Agreement, only those Members that are parties to that Agreement may participate in decisions or actions taken by the DSB with respect to that dispute. Article 3: General Provisions 2. The dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system. The Members recognize that it serves to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules of interpretation of public international law. Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements. 3. The prompt settlement of situations in which a Member considers that any benefits accruing to it directly or indirectly under the covered agreements are being impaired by measures taken by another Member is essential to the effective functioning of the WTO and the maintenance of a proper balance between the rights and obligations of Members. 5. All solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements, including arbitration awards, shall be consistent with those agreements and shall not nullify or impair benefits accruing to any Member under those agreements, nor impede the attainment of any objective of those agreements. 6. Mutually agreed solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements shall be notified to the DSB and the relevant Councils and Committees, where any Member may raise any point relating thereto. 7. Before bringing a case, a Member shall exercise its judgement as to whether action under these procedures would be fruitful…. 9. The provisions of this Understanding are without prejudice to the rights of Members to seek authoritative interpretation of provisions of a covered agreement through decision-making under the WTO Agreement or a covered agreement which is a Plurilateral Trade Agreement. 10. It is understood that requests for conciliation and the use of the dispute settlement procedures should not be intended or considered as contentious acts and that, if a dispute arises, all Members will engage in these procedures in good faith in an effort to resolve the dispute. It is also understood that complaints and counter-complaints in regard to distinct matters should not be linked. 11. This Understanding shall be applied only with respect to new requests for consultations under the consultation provisions of the covered agreements made on or after the date of entry into force of the WTO Agreement. With respect to disputes for which the request for consultations was made under GATT 1947 or under any other predecessor agreement to the covered agreements before the date of entry into force of the WTO Agreement, the relevant dispute settlement rules and procedures in effect immediately prior to the date of entry into force of the WTO Agreement shall continue to apply.6 12. …[I]f a complaint based on any of the covered agreements is brought by a developing country Member against a developed country Member, the complaining party shall have the right to invoke, as an alternative to the provisions contained in Articles 4, 5, 6 and 12 of this Understanding, the corresponding provisions of the Decision of 5 April 1966 (BISD 14S/18), except that where the Panel considers that the time-frame provided for in paragraph 7 of that Decision is insufficient to provide its report and with the agreement of the complaining party, that time-frame may be extended. To the extent that there is a difference between the rules and procedures of Articles 4, 5, 6 and 12 and the corresponding rules and procedures of the Decision, the latter shall prevail.
Article 4: Consultations 2. Each Member undertakes to accord sympathetic consideration to and afford adequate opportunity for consultation regarding any representations made by another Member concerning measures affecting the operation of any covered agreement taken within the territory of the former. (footnote omitted) 3. If a request for consultations is made pursuant to a covered agreement, the Member to which the request is made shall, unless otherwise mutually agreed, reply to the request within 10 days after the date of its receipt and shall enter into consultations in good faith within a period of no more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Member does not respond within 10 days after the date of receipt of the request, 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 receipt of the request, then the Member that requested the holding of consultations may proceed directly to request the establishment of a panel. 4. All such requests for consultations shall be notified to the DSB and the relevant Councils and Committees by the Member which requests consultations. Any request for consultations shall be submitted in writing and shall give the reasons for the request, including identification of the measures at issue and an indication of the legal basis for the complaint. 5. In the course of consultations in accordance with the provisions of a covered agreement, before resorting to further action under this Understanding, Members should attempt to obtain satisfactory adjustment of the matter. 6. Consultations shall be confidential, and without prejudice to the rights of any Member in any further proceedings. 7. If the consultations fail to settle a dispute within 60 days after the date of receipt of the request for consultations, the complaining party may request the establishment of a panel. The complaining party may request a panel during the 60-day period if the consulting parties jointly consider that consultations have failed to settle the dispute. 8. In cases of urgency, including those which concern perishable goods, Members shall enter into consultations within a period of no more than 10 days after the date of receipt of the request. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request, the complaining party may request the establishment of a panel. 9. In cases of urgency, including those which concern perishable goods, the parties to the dispute, panels and the Appellate Body shall make every effort to accelerate the proceedings to the greatest extent possible.
10. During consultations Members should give special attention to the particular problems and interests of developing country Members.
Article 4: Consultations 3. …. If the Member does not respond within 10 days after the date of receipt of the request, 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 receipt of the request, then the Member that requested the holding of consultations may proceed directly to request the establishment of a panel. 5. In the course of consultations in accordance with the provisions of a covered agreement, before resorting to further action under this Understanding, Members should attempt to obtain satisfactory adjustment of the matter. 7. If the consultations fail to settle a dispute within 60 days after the date of receipt of the request for consultations, the complaining party may request the establishment of a panel. The complaining party may request a panel during the 60-day period if the consulting parties jointly consider that consultations have failed to settle the dispute. 8. In cases of urgency, including those which concern perishable goods….[i]f the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request, the complaining party may request the establishment of a panel.
Article 4: Consultations 11. Whenever a Member other than the consulting Members considers that it has a substantial trade interest in consultations being held pursuant to paragraph 1 of Article XXII of GATT 1994, paragraph 1 of Article XXII of GATS, or the corresponding provisions in other covered agreements, such Member may notify the consulting Members and the DSB, within 10 days after the date of the circulation of the request for consultations under said Article, of its desire to be joined in the consultations. Such Member shall be joined in the consultations, provided that the Member to which the request for consultations was addressed agrees that the claim of substantial interest is well-founded. In that event they shall so inform the DSB. If the request to be joined in the consultations is not accepted, the applicant Member shall be free to request consultations under paragraph 1 of Article XXII or paragraph 1 of Article XXIII of GATT 1994, paragraph 1 of Article XXII or paragraph 1 of Article XXIII of GATS, or the corresponding provisions in other covered agreements. (footnote omitted)
Article 5: Good Offices, Conciliation and Mediation 1. Good offices, conciliation and mediation are procedures that are undertaken voluntarily if the parties to the dispute so agree. 2. Proceedings involving good offices, conciliation and mediation, and in particular positions taken by the parties to the dispute during these proceedings, shall be confidential, and without prejudice to the rights of either party in any further proceedings under these procedures. 3. Good offices, conciliation or mediation may be requested at any time by any party to a dispute. They may begin at any time and be terminated at any time. Once procedures for good offices, conciliation or mediation are terminated, a complaining party may then proceed with a request for the establishment of a panel. 4. When good offices, conciliation or mediation are entered into within 60 days after the date of receipt of a request for consultations, the complaining party must allow a period of 60 days after the date of receipt of the request for consultations before requesting the establishment of a panel. The complaining party may request the establishment of a panel during the 60-day period if the parties to the dispute jointly consider that the good offices, conciliation or mediation process has failed to settle the dispute. 5. If the parties to a dispute agree, procedures for good offices, conciliation or mediation may continue while the panel process proceeds. 6. The Director-General may, acting in an ex-officio capacity, offer good offices, conciliation or mediation with the view to assisting Members to settle a dispute. Article 24: Special Procedures Involving Least-Developed Country Members 2. In dispute settlement cases involving a least-developed country Member, where a satisfactory solution has not been found in the course of consultations the Director-General or the Chairman of the DSB shall, upon request by a least-developed country Member offer their good offices, conciliation and mediation with a view to assisting the parties to settle the dispute, before a request for a panel is made. The Director-General or the Chairman of the DSB, in providing the above assistance, may consult any source which either deems appropriate. Article 25: Arbitration 1. Expeditious arbitration within the WTO as an alternative means of dispute settlement can facilitate the solution of certain disputes that concern issues that are clearly defined by both parties. 2. Except as otherwise provided in this Understanding, resort to arbitration shall be subject to mutual agreement of the parties which shall agree on the procedures to be followed. Agreements to resort to arbitration shall be notified to all Members sufficiently in advance of the actual commencement of the arbitration process. 3. Other Members may become party to an arbitration proceeding only upon the agreement of the parties which have agreed to have recourse to arbitration. The parties to the proceeding shall agree to abide by the arbitration award. Arbitration awards shall be notified to the DSB and the Council or Committee of any relevant agreement where any Member may raise any point relating thereto. [Special procedures for conciliation by the Director-General, including time-limits, also remain available for disputes between a developing country member and a developed country member. Conciliation: Procedures under Article XXIII (Decision of 5 April 1966), BISD 14S/18.]
Article 2: Administration 1. The Dispute Settlement Body is hereby established to administer these rules and procedures and, except as otherwise provided in a covered agreement, the consultation and dispute settlement provisions of the covered agreements. Accordingly, the DSB shall have the authority to establish panels, adopt panel and Appellate Body reports, maintain surveillance of implementation of rulings and recommendations, and authorize suspension of concessions and other obligations under the covered agreements. With respect to disputes arising under a covered agreement which is a Plurilateral Trade Agreement, the term "Member" as used herein shall refer only to those Members that are parties to the relevant Plurilateral Trade Agreement. Where the DSB administers the dispute settlement provisions of a Plurilateral Trade Agreement, only those Members that are parties to that Agreement may participate in decisions or actions taken by the DSB with respect to that dispute. Article 3: General Provisions 2….Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements. 9. The provisions of this Understanding are without prejudice to the rights of Members to seek authoritative interpretation of provisions of a covered agreement through decision-making under the WTO Agreement or a covered agreement which is a Plurilateral Trade Agreement.
Article 6: Establishment of Panels 1. If the complaining party so requests, a panel shall be established at the latest at the DSB meeting following that at which the request first appears as an item on the DSB's agenda, unless at that meeting the DSB decides by consensus not to establish a panel. (footnote omitted) 2. The request for the establishment of a panel shall be made in writing. It shall indicate whether consultations were held, identify the specific measures at issue and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly. In case the applicant requests the establishment of a panel with other than standard terms of reference, the written request shall include the proposed text of special terms of reference. Article 8: Composition of Panels 1. Panels shall be composed of well-qualified governmental and/or non-governmental individuals, including persons who have served on or presented a case to a panel, served as a representative of a Member or of a contracting party to GATT 1947 or as a representative to the Council or Committee of any covered agreement or its predecessor agreement, or in the Secretariat, taught or published on international trade law or policy, or served as a senior trade policy official of a Member. 2. Panel members should be selected with a view to ensuring the independence of the members, a sufficiently diverse background and a wide spectrum of experience. 3. Citizens of Members whose governments are parties to the dispute or third parties as defined in paragraph 2 of Article 10 shall not serve on a panel concerned with that dispute, unless the parties to the dispute agree otherwise. (footnote omitted) 4. To assist in the selection of panelists, the Secretariat shall maintain an indicative list of governmental and non-governmental individuals possessing the qualifications outlined in paragraph 1, from which panelists may be drawn as appropriate. That list shall include the roster of non-governmental panelists established on 30 November 1984 (BISD 31S/9), and other rosters and indicative lists established under any of the covered agreements, and shall retain the names of persons on those rosters and indicative lists at the time of entry into force of the WTO Agreement. Members may periodically suggest names of governmental and non-governmental individuals for inclusion on the indicative list, providing relevant information on their knowledge of international trade and of the sectors or subject matter of the covered agreements, and those names shall be added to the list upon approval by the DSB. For each of the individuals on the list, the list shall indicate specific areas of experience or expertise of the individuals in the sectors or subject matter of the covered agreements. 5. Panels shall be composed of three panelists unless the parties to the dispute agree, within 10 days from the establishment of the panel, to a panel composed of five panelists. Members shall be informed promptly of the composition of the panel. 6. The Secretariat shall propose nominations for the panel to the parties to the dispute. The parties to the dispute shall not oppose nominations except for compelling reasons. 7. If there is no agreement on the panelists within 20 days after the date of the establishment of a panel, at the request of either party, the Director-General, in consultation with the Chairman of the DSB and the Chairman of the relevant Council or Committee, shall determine the composition of the panel by appointing the panelists whom the Director-General considers most appropriate in accordance with any relevant special or additional rules or procedures of the covered agreement or covered agreements which are at issue in the dispute, after consulting with the parties to the dispute. The Chairman of the DSB shall inform the Members of the composition of the panel thus formed no later than 10 days after the date the Chairman receives such a request. 8. Members shall undertake, as a general rule, to permit their officials to serve as panelists. 9. Panelists shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Members shall therefore not give them instructions nor seek to influence them as individuals with regard to matters before a panel. 10. When a dispute is between a developing country Member and a developed country Member the panel shall, if the developing country Member so requests, include at least one panelist from a developing country Member. 11. Panelists' expenses, including travel and subsistence allowance, shall be met from the WTO budget in accordance with criteria to be adopted by the General Council, based on recommendations of the Committee on Budget, Finance and Administration. Article 9: Procedures for Multiple Complainants 1. Where more than one Member requests the establishment of a panel related to the same matter, a single panel may be established to examine these complaints taking into account the rights of all Members concerned. A single panel should be established to examine such complaints whenever feasible. 3. If more than one panel is established to examine the complaints related to the same matter, to the greatest extent possible the same persons shall serve as panelists on each of the separate panels and the timetable for the panel process in such disputes shall be harmonized.
Article 13: Right to Seek Information 2. Panels may seek information from any relevant source and may consult experts to obtain their opinion on certain aspects of the matter. With respect to a factual issue concerning a scientific or other technical matter raised by a party to a dispute, a panel may request an advisory report in writing from an expert review group. Rules for the establishment of such a group and its procedures are set forth in Appendix 4. APPENDIX 4: EXPERT REVIEW GROUPS The following rules and procedures shall apply to expert review groups established in accordance with the provisions of paragraph 2 of Article 13. 1. Expert review groups are under the panel's authority. Their terms of reference and detailed working procedures shall be decided by the panel, and they shall report to the panel. 2. Participation in expert review groups shall be restricted to persons of professional standing and experience in the field in question. 3. Citizens of parties to the dispute shall not serve on an expert review group without the joint agreement of the parties to the dispute, except in exceptional circumstances when the panel considers that the need for specialized scientific expertise cannot be fulfilled otherwise. Government officials of parties to the dispute shall not serve on an expert review group. Members of expert review groups shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Governments or organizations shall therefore not give them instructions with regard to matters before an expert review group.
Article 17: Appellate Review Standing Appellate Body 1. A standing Appellate Body shall be established by the DSB. The Appellate Body shall hear appeals from panel cases. It shall be composed of seven persons, three of whom shall serve on any one case. Persons serving on the Appellate Body shall serve in rotation. Such rotation shall be determined in the working procedures of the Appellate Body. 2. The DSB shall appoint persons to serve on the Appellate Body for a four-year term, and each person may be reappointed once. However, the terms of three of the seven persons appointed immediately after the entry into force of the WTO Agreement shall expire at the end of two years, to be determined by lot. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor's term. 3. The Appellate Body shall comprise persons of recognized authority, with demonstrated expertise in law, international trade and the subject matter of the covered agreements generally. They shall be unaffiliated with any government. The Appellate Body membership shall be broadly representative of membership in the WTO. All persons serving on the Appellate Body shall be available at all times and on short notice, and shall stay abreast of dispute settlement activities and other relevant activities of the WTO. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. 4. Only parties to the dispute, not third parties, may appeal a panel report. …. 7. The Appellate Body shall be provided with appropriate administrative and legal support as it requires. 8. The expenses of persons serving on the Appellate Body, including travel and subsistence allowance, shall be met from the WTO budget in accordance with criteria to be adopted by the General Council, based on recommendations of the Committee on Budget, Finance and Administration.
Working Procedures for Appellate Review, WT/AB/WP3 Chairman Rule 5.
Divisions Rule 6.
Presiding Member of the Division Rule 7.
Article 7: Terms of Reference of Panels 1. Panels shall have the following terms of reference unless the parties to the dispute agree otherwise within 20 days from the establishment of the panel: "To examine, in the light of the relevant provisions in (name of the covered agreement(s) cited by the parties to the dispute), the matter referred to the DSB by (name of party) in document ... and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in that/those agreement(s)." 2. Panels shall address the relevant provisions in any covered agreement or agreements cited by the parties to the dispute. 3. In establishing a panel, the DSB may authorize its Chairman to draw up the terms of reference of the panel in consultation with the parties to the dispute, subject to the provisions of paragraph 1. The terms of reference thus drawn up shall be circulated to all Members. If other than standard terms of reference are agreed upon, any Member may raise any point relating thereto in the DSB. Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the relevant covered agreements, and make such other findings as will assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreements. Panels should consult regularly with the parties to the dispute and give them adequate opportunity to develop a mutually satisfactory solution. Article 13: Right to Seek Information 1. Each panel shall have the right to seek information and technical advice from any individual or body which it deems appropriate. However, before a panel seeks such information or advice from any individual or body within the jurisdiction of a Member it shall inform the authorities of that Member. A Member should respond promptly and fully to any request by a panel for such information as the panel considers necessary and appropriate. Confidential information which is provided shall not be revealed without formal authorization from the individual, body, or authorities of the Member providing the information. 2. Panels may seek information from any relevant source and may consult experts to obtain their opinion on certain aspects of the matter. With respect to a factual issue concerning a scientific or other technical matter raised by a party to a dispute, a panel may request an advisory report in writing from an expert review group. Rules for the establishment of such a group and its procedures are set forth in Appendix 4.
APPENDIX 4: EXPERT REVIEW GROUPS 1. Expert review groups are under the panel's authority. Their terms of reference and detailed working procedures shall be decided by the panel, and they shall report to the panel. …. 4. Expert review groups may consult and seek information and technical advice from any source they deem appropriate. Before an expert review group seeks such information or advice from a source within the jurisdiction of a Member, it shall inform the government of that Member. Any Member shall respond promptly and fully to any request by an expert review group for such information as the expert review group considers necessary and appropriate.
Article 17: Appellate Review 6. An appeal shall be limited to issues of law covered in the panel report and legal interpretations developed by the panel. …. 12. The Appellate Body shall address each of the issues raised in accordance with paragraph 6 during the appellate proceeding. 13. The Appellate Body may uphold, modify or reverse the legal findings and conclusions of the panel.
Article 3: General Provisions 1. Members affirm their adherence to the principles for the management of disputes heretofore applied under Articles XXII and XXIII of GATT 1947, and the rules and procedures as further elaborated and modified herein. …. 10. It is understood that requests for conciliation and the use of the dispute settlement procedures should not be intended or considered as contentious acts and that, if a dispute arises, all Members will engage in these procedures in good faith in an effort to resolve the dispute. It is also understood that complaints and counter-complaints in regard to distinct matters should not be linked. Article 9: Procedures for Multiple Complainants 1. Where more than one Member requests the establishment of a panel related to the same matter, a single panel may be established to examine these complaints taking into account the rights of all Members concerned. A single panel should be established to examine such complaints whenever feasible. 2. The single panel shall organize its examination and present its findings to the DSB in such a manner that the rights which the parties to the dispute would have enjoyed had separate panels examined the complaints are in no way impaired. If one of the parties to the dispute so requests, the panel shall submit separate reports on the dispute concerned. The written submissions by each of the complainants shall be made available to the other complainants, and each complainant shall have the right to be present when any one of the other complainants presents its views to the panel. 3. If more than one panel is established to examine the complaints related to the same matter, to the greatest extent possible the same persons shall serve as panelists on each of the separate panels and the timetable for the panel process in such disputes shall be harmonized. Article 18: Communications with the Panel or Appellate Body 1. There shall be no ex-parte communications with the panel or Appellate Body concerning matters under consideration by the panel or Appellate Body. 2. Written submissions to the panel or the Appellate Body shall be treated as confidential, but shall be made available to the parties to the dispute. Nothing in this Understanding shall preclude a party to a dispute from disclosing statements of its own positions to the public. Members shall treat as confidential information submitted by another Member to the panel or the Appellate Body which that Member has designated as confidential. A party to a dispute shall also, upon request of a Member, provide a non-confidential summary of the information contained in its written submissions that could be disclosed to the public. Article 20: Time-frame for DSB Decisions Unless otherwise agreed to by the parties to the dispute, the period from the date of establishment of the panel by the DSB until the date the DSB considers the panel or appellate report for adoption shall as a general rule not exceed nine months where the panel report is not appealed or 12 months where the report is appealed. Where either the panel or the Appellate Body has acted, pursuant to paragraph 9 of Article 12 or paragraph 5 of Article 17, to extend the time for providing its report, the additional time taken shall be added to the above periods. Article 26 1. Non-Violation Complaints of the Type Described in Paragraph 1(b) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel or the Appellate Body may only make rulings and recommendations where a party to the dispute considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the application by a Member of any measure, whether or not it conflicts with the provisions of that Agreement. Where and to the extent that such party considers and a panel or the Appellate Body determines that a case concerns a measure that does not conflict with the provisions of a covered agreement to which the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable, the procedures in this Understanding shall apply, subject to the following: (a) the complaining party shall present a detailed justification in support of any complaint relating to a measure which does not conflict with the relevant covered agreement; …. 2. Complaints of the Type Described in Paragraph 1(c) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel may only make rulings and recommendations where a party considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the existence of any situation other than those to which the provisions of paragraphs 1(a) and 1(b) of Article XXIII of GATT 1994 are applicable. Where and to the extent that such party considers and a panel determines that the matter is covered by this paragraph, the procedures of this Understanding shall apply only up to and including the point in the proceedings where the panel report has been circulated to the Members….The following shall also apply: (a) the complaining party shall present a detailed justification in support of any argument made with respect to issues covered under this paragraph;
Article 4: Consultations 9. In cases of urgency, including those which concern perishable goods, the parties to the dispute, panels and the Appellate Body shall make every effort to accelerate the proceedings to the greatest extent possible. Article 9: Procedures for Multiple Complainants 2. The single panel shall organize its examination and present its findings to the DSB in such a manner that the rights which the parties to the dispute would have enjoyed had separate panels examined the complaints are in no way impaired. If one of the parties to the dispute so requests, the panel shall submit separate reports on the dispute concerned. The written submissions by each of the complainants shall be made available to the other complainants, and each complainant shall have the right to be present when any one of the other complainants presents its views to the panel. Article 12: Panel Procedures 1. Panels shall follow the Working Procedures in Appendix 3 unless the panel decides otherwise after consulting the parties to the dispute. 2. Panel procedures should provide sufficient flexibility so as to ensure high-quality panel reports, while not unduly delaying the panel process. 3. After consulting the parties to the dispute, the panelists shall, as soon as practicable and whenever possible within one week after the composition and terms of reference of the panel have been agreed upon, fix the timetable for the panel process, taking into account the provisions of paragraph 9 of Article 4, if relevant. 4. In determining the timetable for the panel process, the panel shall provide sufficient time for the parties to the dispute to prepare their submissions. 5. Panels should set precise deadlines for written submissions by the parties and the parties should respect those deadlines. 6. Each party to the dispute shall deposit its written submissions with the Secretariat for immediate transmission to the panel and to the other party or parties to the dispute. The complaining party shall submit its first submission in advance of the responding party's first submission unless the panel decides, in fixing the timetable referred to in paragraph 3 and after consultations with the parties to the dispute, that the parties should submit their first submissions simultaneously. When there are sequential arrangements for the deposit of first submissions, the panel shall establish a firm time-period for receipt of the responding party's submission. Any subsequent written submissions shall be submitted simultaneously. 7. Where the parties to the dispute have failed to develop a mutually satisfactory solution, the panel shall submit its findings in the form of a written report to the DSB. In such cases, the report of a panel shall set out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes. Where a settlement of the matter among the parties to the dispute has been found, the report of the panel shall be confined to a brief description of the case and to reporting that a solution has been reached. 8. In order to make the procedures more efficient, the period in which the panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until the date the final report is issued to the parties to the dispute, shall, as a general rule, not exceed six months. In cases of urgency, including those relating to perishable goods, the panel shall aim to issue its report to the parties to the dispute within three months. 9. When the panel considers that it cannot issue its report within six months, or within three months in cases of urgency, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. In no case should the period from the establishment of the panel to the circulation of the report to the Members exceed nine months. 10. In the context of consultations involving a measure taken by a developing country Member, the parties may agree to extend the periods established in paragraphs 7 and 8 of Article 4. If, after the relevant period has elapsed, the consulting parties cannot agree that the consultations have concluded, the Chairman of the DSB shall decide, after consultation with the parties, whether to extend the relevant period and, if so, for how long. In addition, in examining a complaint against a developing country Member, the panel shall accord sufficient time for the developing country Member to prepare and present its argumentation. The provisions of paragraph 1 of Article 20 and paragraph 4 of Article 21 are not affected by any action pursuant to this paragraph. 11. Where one or more of the parties is a developing country Member, the panel's report shall explicitly indicate the form in which account has been taken of relevant provisions on differential and more-favourable treatment for developing country Members that form part of the covered agreements which have been raised by the developing country Member in the course of the dispute settlement procedures. 12. The panel may suspend its work at any time at the request of the complaining party for a period not to exceed 12 months. In the event of such a suspension, the time-frames set out in paragraphs 8 and 9 of this Article, paragraph 1 of Article 20, and paragraph 4 of Article 21 shall be extended by the amount of time that the work was suspended. If the work of the panel has been suspended for more than 12 months, the authority for establishment of the panel shall lapse. Article 14: Confidentiality 1. Panel deliberations shall be confidential. 2. The reports of panels shall be drafted without the presence of the parties to the dispute in the light of the information provided and the statements made. 3. Opinions expressed in the panel report by individual panelists shall be anonymous. Article 15: Interim Review Stage 1. Following the consideration of rebuttal submissions and oral arguments, the panel shall issue the descriptive (factual and argument) sections of its draft report to the parties to the dispute. Within a period of time set by the panel, the parties shall submit their comments in writing. 2. Following the expiration of the set period of time for receipt of comments from the parties to the dispute, the panel shall issue an interim report to the parties, including both the descriptive sections and the panel's findings and conclusions. Within a period of time set by the panel, a party may submit a written request for the panel to review precise aspects of the interim report prior to circulation of the final report to the Members. At the request of a party, the panel shall hold a further meeting with the parties on the issues identified in the written comments. If no comments are received from any party within the comment period, the interim report shall be considered the final panel report and circulated promptly to the Members. 3. The findings of the final panel report shall include a discussion of the arguments made at the interim review stage. The interim review stage shall be conducted within the time-period set out in paragraph 8 of Article 12. Article 16: Adoption of Panel Reports 1. In order to provide sufficient time for the Members to consider panel reports, the reports shall not be considered for adoption by the DSB until 20 days after the date they have been circulated to the Members. 2. Members having objections to a panel report shall give written reasons to explain their objections for circulation at least 10 days prior to the DSB meeting at which the panel report will be considered. 3. The parties to a dispute shall have the right to participate fully in the consideration of the panel report by the DSB, and their views shall be fully recorded. APPENDIX 3: WORKING PROCEDURES l. In its proceedings the panel shall follow the relevant provisions of this Understanding. In addition, the following working procedures shall apply. 2. The panel shall meet in closed session. The parties to the dispute, and interested parties, shall be present at the meetings only when invited by the panel to appear before it. 3. The deliberations of the panel and the documents submitted to it shall be kept confidential. Nothing in this Understanding shall preclude a party to a dispute from disclosing statements of its own positions to the public. Members shall treat as confidential information submitted by another Member to the panel which that Member has designated as confidential. Where a party to a dispute submits a confidential version of its written submissions to the panel, it shall also, upon request of a Member, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. 4. Before the first substantive meeting of the panel with the parties, the parties to the dispute shall transmit to the panel written submissions in which they present the facts of the case and their arguments. 5. At its first substantive meeting with the parties, the panel shall ask the party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the party against which the complaint has been brought shall be asked to present its point of view. …. 7. Formal rebuttals shall be made at a second substantive meeting of the panel. The party complained against shall have the right to take the floor first to be followed by the complaining party. The parties shall submit, prior to that meeting, written rebuttals to the panel. 8. The panel may at any time put questions to the parties and ask them for explanations either in the course of a meeting with the parties or in writing. 9. The parties to the dispute and any third party invited to present its views in accordance with Article 10 shall make available to the panel a written version of their oral statements. 10. In the interest of full transparency, the presentations, rebuttals and statements referred to in paragraphs 5 to 9 shall be made in the presence of the parties. Moreover, each party's written submissions, including any comments on the descriptive part of the report and responses to questions put by the panel, shall be made available to the other party or parties. 11. Any additional procedures specific to the panel. 12. Proposed timetable for panel work….
APPENDIX 4: EXPERT REVIEW GROUPS The following rules and procedures shall apply to expert review groups established in accordance with the provisions of paragraph 2 of Article 13. 5. The parties to a dispute shall have access to all relevant information provided to an expert review group, unless it is of a confidential nature. Confidential information provided to the expert review group shall not be released without formal authorization from the government, organization or person providing the information. Where such information is requested from the expert review group but release of such information by the expert review group is not authorized, a non-confidential summary of the information will be provided by the government, organization or person supplying the information. 6. The expert review group shall submit a draft report to the parties to the dispute with a view to obtaining their comments, and taking them into account, as appropriate, in the final report, which shall also be issued to the parties to the dispute when it is submitted to the panel. The final report of the expert review group shall be advisory only.
Article 4: Consultations 9. In cases of urgency, including those which concern perishable goods, the parties to the dispute, panels and the Appellate Body shall make every effort to accelerate the proceedings to the greatest extent possible. Article 16: Adoption of Panel Reports 4. Within 60 days after the date of circulation of a panel report to the Members, the report shall be adopted at a DSB meeting7 unless a party to the dispute formally notifies the DSB of its decision to appeal or the DSB decides by consensus not to adopt the report. If a party has notified its decision to appeal, the report by the panel shall not be considered for adoption by the DSB until after completion of the appeal. This adoption procedure is without prejudice to the right of Members to express their views on a panel report. Article 17: Appellate Review 5. As a general rule, the proceedings shall not exceed 60 days from the date a party to the dispute formally notifies its decision to appeal to the date the Appellate Body circulates its report. In fixing its timetable the Appellate Body shall take into account the provisions of paragraph 9 of Article 4, if relevant. When the Appellate Body considers that it cannot provide its report within 60 days, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. In no case shall the proceedings exceed 90 days. …. Procedures for Appellate Review 9. Working procedures shall be drawn up by the Appellate Body in consultation with the Chairman of the DSB and the Director-General, and communicated to the Members for their information. 10. The proceedings of the Appellate Body shall be confidential. The reports of the Appellate Body shall be drafted without the presence of the parties to the dispute and in the light of the information provided and the statements made. 11. Opinions expressed in the Appellate Body report by individuals serving on the Appellate Body shall be anonymous. 12. The Appellate Body shall address each of the issues raised in accordance with paragraph 6 during the appellate proceeding.
Working Procedures for Appellate Review, WT/AB/WP3 PART II: PROCESS General Provisions Rule 16.
Rule 17.
Documents Rule 18.
Ex Parte Communications Rule 19.
Commencement of Appeal Rule 20.
Appellant's Submission Rule 21.
Appellee's Submission Rule 22.
(a) be dated and signed by the appellee; and (b) set out
Multiple Appeals Rule 23.
…. Transmittal of Record Rule 25.
….. Working Schedule Rule 26.
Oral Hearing Rule 27.
Written Responses Rule 28.
Failure to Appear Rule 29.
Withdrawal of Appeal Rule 30.
Article 3: General Provisions 2. The dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system. The Members recognize that it serves to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules of interpretation of public international law. Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements. 4. Recommendations or rulings made by the DSB shall be aimed at achieving a satisfactory settlement of the matter in accordance with the rights and obligations under this Understanding and under the covered agreements. 5. All solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements, including arbitration awards, shall be consistent with those agreements and shall not nullify or impair benefits accruing to any Member under those agreements, nor impede the attainment of any objective of those agreements. 8. In cases where there is an infringement of the obligations assumed under a covered agreement, the action is considered prima facie to constitute a case of nullification or impairment. This means that there is normally a presumption that a breach of the rules has an adverse impact on other Members parties to that covered agreement, and in such cases, it shall be up to the Member against whom the complaint has been brought to rebut the charge. 9. The provisions of this Understanding are without prejudice to the rights of Members to seek authoritative interpretation of provisions of a covered agreement through decision-making under the WTO Agreement or a covered agreement which is a Plurilateral Trade Agreement.
Article 7: Terms of Reference of Panels 1. Panels shall have the following terms of reference unless the parties to the dispute agree otherwise within 20 days from the establishment of the panel: "To examine, in the light of the relevant provisions in (name of the covered agreement(s) cited by the parties to the dispute), the matter referred to the DSB by (name of party) in document ... and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in that/those agreement(s)." 2. Panels shall address the relevant provisions in any covered agreement or agreements cited by the parties to the dispute. 3. In establishing a panel, the DSB may authorize its Chairman to draw up the terms of reference of the panel in consultation with the parties to the dispute, subject to the provisions of paragraph 1. The terms of reference thus drawn up shall be circulated to all Members. If other than standard terms of reference are agreed upon, any Member may raise any point relating thereto in the DSB. Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the relevant covered agreements, and make such other findings as will assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreements. Panels should consult regularly with the parties to the dispute and give them adequate opportunity to develop a mutually satisfactory solution.
Article 17: Appellate Review 6. An appeal shall be limited to issues of law covered in the panel report and legal interpretations developed by the panel. …. 12. The Appellate Body shall address each of the issues raised in accordance with paragraph 6 during the appellate proceeding. 13. The Appellate Body may uphold, modify or reverse the legal findings and conclusions of the panel.
Article 10: Third Parties 1. The interests of the parties to a dispute and those of other Members under a covered agreement at issue in the dispute shall be fully taken into account during the panel process. 2. Any Member having a substantial interest in a matter before a panel and having notified its interest to the DSB (referred to in this Understanding as a "third party") shall have an opportunity to be heard by the panel and to make written submissions to the panel. These submissions shall also be given to the parties to the dispute and shall be reflected in the panel report. 3. Third parties shall receive the submissions of the parties to the dispute to the first meeting of the panel. 4. If a third party considers that a measure already the subject of a panel proceeding nullifies or impairs benefits accruing to it under any covered agreement, that Member may have recourse to normal dispute settlement procedures under this Understanding. Such a dispute shall be referred to the original panel wherever possible. Appendix 3: WORKING PROCEDURES 6. All third parties which have notified their interest in the dispute to the DSB shall be invited in writing to present their views during a session of the first substantive meeting of the panel set aside for that purpose. All such third parties may be present during the entirety of this session.
Working Procedures for Appellate Review, WT/AB/WP3 Third Participants Rule 24.
Rule 27.
Article 3: General Provisions 7. Before bringing a case, a Member shall exercise its judgement as to whether action under these procedures would be fruitful. The aim of the dispute settlement mechanism is to secure a positive solution to a dispute. A solution mutually acceptable to the parties to a dispute and consistent with the covered agreements is clearly to be preferred. In the absence of a mutually agreed solution, the first objective of the dispute settlement mechanism is usually to secure the withdrawal of the measures concerned if these are found to be inconsistent with the provisions of any of the covered agreements. The provision of compensation should be resorted to only if the immediate withdrawal of the measure is impracticable and as a temporary measure pending the withdrawal of the measure which is inconsistent with a covered agreement. The last resort which this Understanding provides to the Member invoking the dispute settlement procedures is the possibility of suspending the application of concessions or other obligations under the covered agreements on a discriminatory basis vis-à-vis the other Member, subject to authorization by the DSB of such measures. Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the relevant covered agreements, and make such other findings as will assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreements. Panels should consult regularly with the parties to the dispute and give them adequate opportunity to develop a mutually satisfactory solution. Article 16: Adoption of Panel Reports 4. Within 60 days after the date of circulation of a panel report to the Members, the report shall be adopted at a DSB meeting unless a party to the dispute formally notifies the DSB of its decision to appeal or the DSB decides by consensus not to adopt the report. If a party has notified its decision to appeal, the report by the panel shall not be considered for adoption by the DSB until after completion of the appeal. (footnote omitted) This adoption procedure is without prejudice to the right of Members to express their views on a panel report. Article 17: Appellate Review Adoption of Appellate Body Reports 14. An Appellate Body report shall be adopted by the DSB and unconditionally accepted by the parties to the dispute unless the DSB decides by consensus not to adopt the Appellate Body report within 30 days following its circulation to the Members. (footnote omitted) This adoption procedure is without prejudice to the right of Members to express their views on an Appellate Body report. Article 19: Panel and Appellate Body Recommendations 1. Where a panel or the Appellate Body concludes that a measure is inconsistent with a covered agreement, it shall recommend that the Member concerned bring the measure into conformity with that agreement. In addition to its recommendations, the panel or Appellate Body may suggest ways in which the Member concerned could implement the recommendations. (footnotes omitted) 2. In accordance with paragraph 2 of Article 3, in their findings and recommendations, the panel and Appellate Body cannot add to or diminish the rights and obligations provided in the covered agreements. Article 26 1. Non-Violation Complaints of the Type Described in Paragraph 1(b) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel or the Appellate Body may only make rulings and recommendations where a party to the dispute considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the application by a Member of any measure, whether or not it conflicts with the provisions of that Agreement. Where and to the extent that such party considers and a panel or the Appellate Body determines that a case concerns a measure that does not conflict with the provisions of a covered agreement to which the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable, the procedures in this Understanding shall apply, subject to the following: ….
2. Complaints of the Type Described in Paragraph 1(c) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel may only make rulings and recommendations where a party considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the existence of any situation other than those to which the provisions of paragraphs 1(a) and 1(b) of Article XXIII of GATT 1994 are applicable. Where and to the extent that such party considers and a panel determines that the matter is covered by this paragraph, the procedures of this Understanding shall apply only up to and including the point in the proceedings where the panel report has been circulated to the Members. The dispute settlement rules and procedures contained in the Decision of 12 April 1989 (BISD 36S/61-67) shall apply to consideration for adoption, and surveillance and implementation of recommendations and rulings. The following shall also apply:
Article 3: General Provisions 7. Before bringing a case, a Member shall exercise its judgement as to whether action under these procedures would be fruitful. The aim of the dispute settlement mechanism is to secure a positive solution to a dispute. A solution mutually acceptable to the parties to a dispute and consistent with the covered agreements is clearly to be preferred. In the absence of a mutually agreed solution, the first objective of the dispute settlement mechanism is usually to secure the withdrawal of the measures concerned if these are found to be inconsistent with the provisions of any of the covered agreements. The provision of compensation should be resorted to only if the immediate withdrawal of the measure is impracticable and as a temporary measure pending the withdrawal of the measure which is inconsistent with a covered agreement. The last resort which this Understanding provides to the Member invoking the dispute settlement procedures is the possibility of suspending the application of concessions or other obligations under the covered agreements on a discriminatory basis vis-à-vis the other Member, subject to authorization by the DSB of such measures. Article 21: Surveillance of Implementation of Recommendations and Rulings 1. Prompt compliance with recommendations or rulings of the DSB is essential in order to ensure effective resolution of disputes to the benefit of all Members. 2. Particular attention should be paid to matters affecting the interests of developing country Members with respect to measures which have been subject to dispute settlement. 3. At a DSB meeting held within 30 days after the date of adoption of the panel or Appellate Body report, the Member concerned shall inform the DSB of its intentions in respect of implementation of the recommendations and rulings of the DSB. If it is impracticable to comply immediately with the recommendations and rulings, the Member concerned shall have a reasonable period of time in which to do so. (footnote omitted) The reasonable period of time shall be:
4. Except where the panel or the Appellate Body has extended, pursuant to paragraph 9 of Article 12 or paragraph 5 of Article 17, the time of providing its report, the period from the date of establishment of the panel by the DSB until the date of determination of the reasonable period of time shall not exceed 15 months unless the parties to the dispute agree otherwise. Where either the panel or the Appellate Body has acted to extend the time of providing its report, the additional time taken shall be added to the 15-month period; provided that unless the parties to the dispute agree that there are exceptional circumstances, the total time shall not exceed 18 months. 5. Where there is disagreement as to the existence or consistency with a covered agreement of measures taken to comply with the recommendations and rulings such dispute shall be decided through recourse to these dispute settlement procedures, including wherever possible resort to the original panel. The panel shall circulate its report within 90 days after the date of referral of the matter to it. When the panel considers that it cannot provide its report within this time frame, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. 6. The DSB shall keep under surveillance the implementation of adopted recommendations or rulings. The issue of implementation of the recommendations or rulings may be raised at the DSB by any Member at any time following their adoption. Unless the DSB decides otherwise, the issue of implementation of the recommendations or rulings shall be placed on the agenda of the DSB meeting after six months following the date of establishment of the reasonable period of time pursuant to paragraph 3 and shall remain on the DSB's agenda until the issue is resolved. At least 10 days prior to each such DSB meeting, the Member concerned shall provide the DSB with a status report in writing of its progress in the implementation of the recommendations or rulings. 7. If the matter is one which has been raised by a developing country Member, the DSB shall consider what further action it might take which would be appropriate to the circumstances. 8. If the case is one brought by a developing country Member, in considering what appropriate action might be taken, the DSB shall take into account not only the trade coverage of measures complained of, but also their impact on the economy of developing country Members concerned. Article 22: Compensation and the Suspension of Concessions 1. Compensation and the suspension of concessions or other obligations are temporary measures available in the event that the recommendations and rulings are not implemented within a reasonable period of time. However, neither compensation nor the suspension of concessions or other obligations is preferred to full implementation of a recommendation to bring a measure into conformity with the covered agreements. Compensation is voluntary and, if granted, shall be consistent with the covered agreements. 2. If the Member concerned fails to bring the measure found to be inconsistent with a covered agreement into compliance therewith or otherwise comply with the recommendations and rulings within the reasonable period of time determined pursuant to paragraph 3 of Article 21, such Member shall, if so requested, and no later than the expiry of the reasonable period of time, enter into negotiations with any party having invoked the dispute settlement procedures, with a view to developing mutually acceptable compensation. If no satisfactory compensation has been agreed within 20 days after the date of expiry of the reasonable period of time, any party having invoked the dispute settlement procedures may request authorization from the DSB to suspend the application to the Member concerned of concessions or other obligations under the covered agreements. 3. In considering what concessions or other obligations to suspend, the complaining party shall apply the following principles and procedures:
(i) with respect to goods, the agreements listed in Annex 1A of the WTO Agreement, taken as a whole as well as the Plurilateral Trade Agreements in so far as the relevant parties to the dispute are parties to these agreements; (ii) with respect to services, the GATS; (iii) with respect to intellectual property rights, the Agreement on TRIPS. 4. The level of the suspension of concessions or other obligations authorized by the DSB shall be equivalent to the level of the nullification or impairment. 5. The DSB shall not authorize suspension of concessions or other obligations if a covered agreement prohibits such suspension. 6. When the situation described in paragraph 2 occurs, the DSB, upon request, shall grant authorization to suspend concessions or other obligations within 30 days of the expiry of the reasonable period of time unless the DSB decides by consensus to reject the request. However, if the Member concerned objects to the level of suspension proposed, or claims that the principles and procedures set forth in paragraph 3 have not been followed where a complaining party has requested authorization to suspend concessions or other obligations pursuant to paragraph 3(b) or (c), the matter shall be referred to arbitration. Such arbitration shall be carried out by the original panel, if members are available, or by an arbitrator appointed by the Director-General and shall be completed within 60 days after the date of expiry of the reasonable period of time. (footnote omitted) Concessions or other obligations shall not be suspended during the course of the arbitration. 7. The arbitrator acting pursuant to paragraph 6 shall not examine the nature of the concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the level of nullification or impairment. (footnote omitted) The arbitrator may also determine if the proposed suspension of concessions or other obligations is allowed under the covered agreement. However, if the matter referred to arbitration includes a claim that the principles and procedures set forth in paragraph 3 have not been followed, the arbitrator shall examine that claim. In the event the arbitrator determines that those principles and procedures have not been followed, the complaining party shall apply them consistent with paragraph 3. The parties shall accept the arbitrator's decision as final and the parties concerned shall not seek a second arbitration. The DSB shall be informed promptly of the decision of the arbitrator and shall upon request, grant authorization to suspend concessions or other obligations where the request is consistent with the decision of the arbitrator, unless the DSB decides by consensus to reject the request. 8. The suspension of concessions or other obligations shall be temporary and shall only be applied until such time as the measure found to be inconsistent with a covered agreement has been removed, or the Member that must implement recommendations or rulings provides a solution to the nullification or impairment of benefits, or a mutually satisfactory solution is reached. In accordance with paragraph 6 of Article 21, the DSB shall continue to keep under surveillance the implementation of adopted recommendations or rulings, including those cases where compensation has been provided or concessions or other obligations have been suspended but the recommendations to bring a measure into conformity with the covered agreements have not been implemented. 9. The dispute settlement provisions of the covered agreements may be invoked in respect of measures affecting their observance taken by regional or local governments or authorities within the territory of a Member. When the DSB has ruled that a provision of a covered agreement has not been observed, the responsible Member shall take such reasonable measures as may be available to it to ensure its observance. The provisions of the covered agreements and this Understanding relating to compensation and suspension of concessions or other obligations apply in cases where it has not been possible to secure such observance. (footnote omitted) Article 23: Strengthening of the Multilateral System 1. When Members seek the redress of a violation of obligations or other nullification or impairment of benefits under the covered agreements or an impediment to the attainment of any objective of the covered agreements, they shall have recourse to, and abide by, the rules and procedures of this Understanding. 2. In such cases, Members shall:
Article 24: Special Procedures Involving Least-Developed Country Members 1. At all stages of the determination of the causes of a dispute and of dispute settlement procedures involving a least-developed country Member, particular consideration shall be given to the special situation of least-developed country Members. In this regard, Members shall exercise due restraint in raising matters under these procedures involving a least-developed country Member. If nullification or impairment is found to result from a measure taken by a least-developed country Member, complaining parties shall exercise due restraint in asking for compensation or seeking authorization to suspend the application of concessions or other obligations pursuant to these procedures. Article 26 1. Non-Violation Complaints of the Type Described in Paragraph 1(b) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable to a covered agreement….
2. Complaints of the Type Described in Paragraph 1(c) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered agreement…. [t]he dispute settlement rules and procedures contained in the Decision of 12 April 1989 (BISD 36S/61-67) shall apply to consideration for adoption, and surveillance and implementation of recommendations and rulings.
Article 3: General Provisions 10. It is understood that requests for conciliation and the use of the dispute settlement procedures should not be intended or considered as contentious acts and that, if a dispute arises, all Members will engage in these procedures in good faith in an effort to resolve the dispute. It is also understood that complaints and counter-complaints in regard to distinct matters should not be linked. Article 8: Composition of Panels 9. Panelists shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Members shall therefore not give them instructions nor seek to influence them as individuals with regard to matters before a panel. Article 14: Confidentiality 1. Panel deliberations shall be confidential. Article 17: Appellate Review 10. The proceedings of the Appellate Body shall be confidential…. Article 18: Communications with the Panel or Appellate Body 1. There shall be no ex-parte communications with the panel or Appellate Body concerning matters under consideration by the panel or Appellate Body. 2. Written submissions to the panel or the Appellate Body shall be treated as confidential, but shall be made available to the parties to the dispute. Nothing in this Understanding shall preclude a party to a dispute from disclosing statements of its own positions to the public. Members shall treat as confidential information submitted by another Member to the panel or the Appellate Body which that Member has designated as confidential…. APPENDIX 3: WORKING PROCEDURES 3. The deliberations of the panel and the documents submitted to it shall be kept confidential. Nothing in this Understanding shall preclude a party to a dispute from disclosing statements of its own positions to the public. Members shall treat as confidential information submitted by another Member to the panel which that Member has designated as confidential…. APPENDIX 4: EXPERT REVIEW GROUPS 3….Members of expert review groups shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Governments or organizations shall therefore not give them instructions with regard to matters before an expert review group. 5. …Confidential information provided to the expert review group shall not be released without formal authorization from the government, organization or person providing the information. Rules of Conduct II. Governing Principle 1. Each person covered by these Rules [i.e., each person serving: on a panel or on the Standing Appellate Body; as an arbitrator; or as an expert ; or member of the Secretariat or Standing Appellate Body support staff] shall be independent and impartial, shall avoid direct or indirect conflicts of interest and shall respect the confidentiality of proceedings of bodies pursuant to the dispute settlement mechanism, so that through the observance of such standards of conduct the integrity and impartiality of that mechanism are preserved. These Rules shall in no way modify the rights and obligations of Members under the DSU nor the rules and procedures therein. III. Observance of the Governing Principle 1. To ensure the observance of the Governing Principle of these Rules, each covered person is expected (1) to adhere strictly to the provisions of the DSU; (2) to disclose the existence or development of any interest, relationship or matter that that person could reasonably be expected to know and that is likely to affect, or give rise to justifiable doubts as to, that person's independence or impartiality; and (3) to take due care in the performance of their duties to fulfil these expectations, including through avoidance of any direct or indirect conflicts of interest in respect of the subject matter of the proceedings. 2. Pursuant to the Governing Principle, each covered person, shall be independent and impartial, and shall maintain confidentiality. Moreover, such persons shall consider only issues raised in, and necessary to fulfil their responsibilities within, the dispute settlement proceeding and shall not delegate this responsibility to any other person. Such person shall not incur any obligation or accept any benefit that would in anyway interfere with, or which could give rise to, justifiable doubts as to the proper performance of that person's dispute settlement duties. Annex 2: Illustrative List of Information To Be Disclosed This list contains examples of information of the type that a person called upon to serve in a dispute should disclose pursuant to the Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes. Each covered person, as defined in Section IV:1 of these Rules of Conduct has a continuing duty to disclose the information described in Section VI:2 of these Rules which may include the following:
ALADI (LAIA) Article 35 The Committee is the permanent organ of the Association and shall have the following attributes and obligations: …. m) To propose formulas for the resolution of matters raised by the member states, when the failure to observe some of the rules or principles of the present Treaty has been alleged. ANDEAN COMMUNITY Cartagena Ageement Section I - On Dispute Resolution Article 47.- The resolution of disputes that may arise due to the application of the Andean Community Law, shall be subject to the provisions of the Charter of the Court of Justice. Treaty - Court of Justice Article 17.- It is up to the Court to nullify the Decisions taken by the Commission and the Resolutions issued by the Board that violate the rules comprising the legal system of the Cartagena Agreement, even though deviation of power, at the request of either a Member Country, the Commission, the Board, individuals or companies under the conditions envisaged in Article 19 herein below. Article 18.- Member Countries may only file an Action of Nullification for Decisions that were not approved with their affirmative vote. Article 19.- Individuals or companies may file an Action of Invalidity against Decisions taken by the Commission or Resolutions issued by the Board that apply to them and cause them injury. Article 20.- The Action of Nullification must be filed before the Court within a year following the date of enforcement of the Commission’s Decision or the Board’s Resolution. … Article 23.- When the Board considers that a Member Country has failed to fulfil the obligations emanating from the rules comprising the legal system of the Cartagena Agreement, it shall make its observations in writing. The Member Country must reply within a period compatible with the urgency of the case, which shall not exceed two months. Once the reply has been received or the term expired, the Board shall issue a reasoned opinion. If in the Board’s opinion the Member Country failed to fulfil the obligations mentioned above and continues to do so, the Board may request a verdict from the Court. Article 24.- When a Member Country
considers that another Member Country has failed to fulfil the obligations
emanating from the rules comprising the legal system of the Cartagena
Agreement, it may raise its claim to the Board stating all the background
of the case, so that the Board can issue a reasoned opinion, following the
procedure mentioned in the first paragraph of article 23 herein above. … Article 28.- It is up to the Court to issue a pre-judicial interpretation of the rules comprising the legal system of the Cartagena Agreement, in order to ensure its uniform application in the territories of Member Countries. Article 29.- National judges who are
conducting a proceeding in which one of the rules comprising the legal
system of the Cartagena Agreement should be applied, may request the
Court’s interpretation of such rules, providing the verdict is susceptible
of appeals under municipal laws. Should the opportunity arise to pass
judgement without having received the Court’s interpretation, the judge
must decide the case. Article 30.- The Court’s interpretation must be limited to specifying the contents and scope of the rules of the legal system governing the Cartagena Agreement. The Court may neither interpret the contents and scope of municipal laws nor determine the merits of matters concerning the proceeding. Article 31.- The judge who is conducting the proceeding must adopt the Court’s interpretation. … Article 33.- Member Countries shall not submit any controversy arising from the application of rules comprising the legal system of the Cartagena Agreement to any court, arbitration system or proceeding other than those contemplated herein. Member Countries hereby agree to make use of the procedure established in Article 23 of the Cartagena Agreement only for controversies arising between any one of them and another Contracting Party of the Montevideo Treaty that is not a member of the Agreement. By-Laws Article 2.- The Court - the jurisdictional body instituted to ensure respect for the law in the application and interpretation of the legal system of the Agreement - is governed by the Treaty, these Bylaws and by the Internal Rules. Article 80.- Individuals or companies whose rights are affected by the noncompliance of a Member Country, shall be entitled to turn to that country’s competent courts in accordance with its municipal laws, claiming the fulfillment of Article 5 of the Treaty. Protocol of Cochabamba Article 17. It is up to the Court to declare null and void the decisions of the Andean Council of Ministers for Foreign Affairs, the Andean Community Commission, the resolutions of the General Secretariat and the agreements referred to in section “e” of Article 1 that are handed down or agreed to in violation of the rules that make up the legal structure of the Andean Community, including by misuse of powers, when they are disputed by a member country, the Andean Council of Ministers for Foreign Relations, the Andean Community Commission, the General Secretariat, or natural or juridical persons under the conditions provided for in Article 19 of this Treaty. Article 18. The member countries may only seek nullification in relation to those decisions or agreements for which they have not cast a favorable vote. Article 19. Natural and juridical persons may seek nullification of the decisions of the Andean Council of Ministers for Foreign Affairs, the Andean Community Commission, the resolutions of the General Secretariat or the agreements affecting their individual rights or legitimate interests. Article 20. Nullification must be sought
before the Court within two years after the entry into force of the
decision of the Andean Council of Ministers for Foreign Affairs, the
Andean Community Commission, the resolution of the General Secretariat or
the agreement that is the object of such action. Article 21. The lodging of the nullification action will not affect the effect or force of the challenged rule or agreement. … Article 23. When the General Secretariat
considers that a member country has failed to meet obligations arising
from the rules or agreements constituting the legal structure of the
Andean Community, it will communicate its observations in writing. The
member country must answer within the term allotted by the General
Secretariat in accordance with the seriousness of the case, a period not
to exceed sixty days. Once the response is received or the time has
expired, the General Secretariat, in accordance with its rules of
procedure, and within the next fifteen days, shall issue a ruling on the
status of compliance with such obligations, citing reasons for the
conclusions. Article 24. When a member country considers
that another member country has failed to meet obligations arising from
the rules that make up the legal structure of the Andean Community, it
will bring the case to the General Secretariat with the background of the
case, for the General Secretariat to take action leading to the remedy of
the violation within the term referred to in the first paragraph of the
preceding Article. Once the response is received or the term has expired
without positive results having been obtained, the General Secretariat, in
accordance with its rules of procedure, and within fifteen days, shall
issue a ruling on the status of compliance with such obligations, citing
reasons for the conclusions. Article 25. Natural or juridical persons
whose rights are affected by the failure of a member country to comply may
take their case to the General Secretariat and to the Court, under the
procedures provided for in Article 24. Article 26. In cases where a resolution certifying the existence of a encumbrance or restriction has been issued, or when it is a case of a flagrant violation, the General Secretariat, in accordance with its rules of procedure, shall issue as quickly as possible a ruling citing reasons, based on which the Secretariat or the affected member country may take the case directly to the Court. … Article 31. Natural or juridical persons shall have the right to appear before the competent national courts, in accordance with the provisions of domestic law, when member countries fail to comply with the provisions of Article 4 of this treaty, in cases where their rights are affected by such failure. Article 32. It is the Court’s responsibility to give a pre-judicial interpretation of the rules that make up the legal structure of the Andean Community, in order to ensure that they are uniformly enforced throughout the territory of the member countries. Article 33. National judges hearing a
proceeding in which any of the rules making up the legal structure of the
Andean Community are to be applied or are the subject of dispute may
directly request the interpretation of the Court on such rules, provided
that the ruling is subject to appeal under domestic law. If the time comes
for a ruling without the Court’s interpretation having been received, the
judge must make a ruling. Article 34. The judge hearing the proceedings shall, in his ruling, limit himself to considering the content and scope of the rules making up the legal structure of the Andean Community related to the specific case. The Court may not interpret the content and scope of domestic law nor judge the factual issues of the case, notwithstanding which he may refer to these when it is essential for purposes of the interpretation being sought. Article 35. The judge handling the case shall adopt the Court’s interpretation in his ruling. Article 36. The member countries of the Andean Community will oversee the enforcement of the provisions of this treaty, and in particular of the observance by national judges of that which is set forth in this section. Article 37. When the Andean Council of
Ministers for Foreign Affairs, the Andean Community Commission or the
General Secretariat fail to carry out an activity that they were
explicitly obligated to perform by virtue of the legal structure of the
Andean Community, said organs, the member states or natural or juridical
persons meeting the conditions described in Article 19 of this treaty may
demand compliance with those obligations. Within thirty days following the filing of the appeal, the Court shall issue the appropriate court order, based on existing technical documentation, the history of the case, and the explanations of the organ that is the target of the appeal. Said order, which shall be published in the Gaceta Oficial of the Cartagena Agreement, shall indicate the form, method and term within which the entity that is the target of the appeal must comply with its obligation. Article 38. The Court has authority to
settle, through arbitration, disputes that arise regarding the enforcement
or interpretation of contracts, pacts or agreements signed by organs and
institutions of the Andean System of Integration, or between them and
third parties, when the parties so agree. Article 39. The General Secretariat has
authority to settle, through arbitration, disputes brought before it by
private parties regarding the enforcement or interpretation of elements of
private contracts governed by the legal structure of the Andean Community. Article 40. The Court has authority to hear labor disputes that arise in the organs and institutions of the Andean Integration System. … Article 42. The member countries will not
submit any dispute that arises in regard to the enforcement of the rules
that make up the legal structure of the Andean Community to any court,
arbitration system or procedure different from those envisaged in this
treaty. CARICOM Article 19: Settlement of Disputes Annex: Article 11 - Disputes Procedure
Within the Common Market Annex: Article 12 - Reference to Tribunal 9. Member States undertake to employ the procedures set out in this Article for the settlement of any dispute specified in paragraph 1 of Article11 and to refrain from any other method of disputes settlement. Protocol Amending the Treaty Article V Article 7(a) Article 8
CACM Article XXVI Protocol of Tegucigalpa Article 35. …. Any disagreement on the application or interpretation of the provisions contained in this protocol and other instruments referred to in the preceding paragraph shall be put before the Central American Court of Justice. Transitional Provisions Article 3. For the purposes of what is established in paragraph 2 of Article 35, and as long as the Central American Court of Justice is not in existence, disputes on the application or interpretation of the provisions contained in this protocol will be submitted to the Central American Judicial Council. GROUP OF THREE Article 19-02: Scope
2. If one Party increases a tax on imports, the Parties may negotiate an appropriate compensation mechanism before recurring to a dispute settlement procedure. Article 19-03: Settlement of Disputes in accordance with the GATT 1. Any dispute arising in relation to the provisions of this Treaty or of the GATT, or in agreements negotiated in accordance with it, may be settled in either forum, as the claimant desires. 2. Before a party undertakes a dispute settlement procedure through GATT citing motives that are substantially the same as those that could be invoked under the terms of this Treaty, the following rules shall apply:
3. Once a Party has begun a settlement procedure in accordance with Article 19-06 of this Treaty or in accordance with the GATT, it shall not take the same matter to the other forum. 4. For all effects and purposes regarding the present Article, a settlement of disputes procedure in accordance with the GATT shall be considered to have been initiated when a Party requests:
Article 19-04: Settlement of Disputes in accordance with the Cartagena Agreement 1. The Parties shall be subject to the following stipulations regarding competence:
2. Submission of a dispute to a body competent under the Cartagena Agreement shall not affect any of the rights that Mexico enjoys under the terms of this Treaty. Annex to Article 19-02: Nullification and Impairment. 1. A Party shall have resort to the settlement of disputes mechanism established in this Chapter when it considers that the implementation of a measure that does not violate the Treaty, does nullify or impair the benefits that could have been reasonably expected from the application of Chapters III through IX (with the exception of the provisions regarding investment in the automobile sector), Chapter X, Chapter XIV, Chapter XV or Chapter XVI. 2. Paragraph 1 of this Article shall be applicable even when the Party against whom the claim is made invokes a general exception under Article 22-01, except in the case of a general exception for transborder trade in services. MERCOSUR Treaty of Asuncion Annex III: Settlement of Disputes 1. Any dispute arising between the States Parties as a result of the application of the Treaty… Protocol of Brasilia Article 1. The disputes which arise between the State Parties regarding the interpretation, application or non-compliance of the dispositions contained in the Treaty of Asuncion, of the agreements celebrated within its framework, as well as any decisions of the Common Market Council and the resolutions of the Common Market Group, will be submitted to the procedure for resolution established in the present Protocol. Article 25. The procedure established in the present chapter shall apply to all complaints made by private parties (whether physical persons or juridical entities) as a result of the sanction or application, by any of the State Parties, of legal or administrative measures which have a restrictive, discriminatory or unfairly competitive effect, in violation of the Treaty of Asuncion, of the agreements celebrated within its framework, the decisions of the Common Market Council or the resolutions of the Common Market Group. Rules Article 1 The Directives of the Trade Comission, in conformity with that established in article 43 of the Protocol of Ouro Preto, are incorporated into articles 1, 19 y 25 of the Protocol of Brasilia. Protocol of Ouro Preto Chapter I: Structure of Mercosul Article 21. In addition to the duties and functions described in Articles 16 and 19 of this Protocol, the Mercosul Trade Commission shall be responsible for considering complaints referred to it by the National Sections of the Mercosul Trade Commission and originated by States Parties or individuals, whether natural or legal persons, relating to the situations provided for in Article 1 or 25 of the Brasilia Protocol, when they fall within its sphere of competence. 1. The examination of the aforesaid complaints within the Mercosul Trade Commission shall not prevent the complainant State Party taking action under the Brasilia Protocol for the Settlement of Disputes. 2. Complaints arising in the circumstances described in this Article shall be dealt with in accordance with the procedure laid down in the Annex to this Protocol. Chapter VI: Dispute Settlement Article 43. Disputes which arise between the States Parties concerning the interpretation, application or non-fulfillment of the provisions of the Treaty of Asuncion and the agreements concluded within its framework or of Decisions of the Council of the Common Market, Resolutions of the Common Market Group and Directives of the Mercosul Trade Commission shall be subject to the settlement procedures laid down in the Brasilia Protocol of 17 December 1991. Sole paragraph. The Directives of the Mercosul Trade Commission are also incorporated in Articles 19 and 25 of the Brasilia Protocol. Annex: General Procedure for Complaints to the Mercosul Trade Commission Article 1. Complaints submitted by the National Sections of the Mercosul Trade Commission and originated by States Parties or individuals, whether natural or legal persons, in accordance with the provisions of Article 21 of the Protocol of Ouro Preto shall be subject to the procedure laid down in this Annex. NAFTA Article 2001: The Free Trade Commission 2. The Commission shall: ….
Article 2004: Recourse to Dispute Settlement Procedures Except for the matters covered in Chapter Nineteen (Review and Dispute Settlement in Antidumping and Countervailing Duty Matters) and as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that an actual or proposed measure of another Party is or would be inconsistent with the obligations of this Agreement or cause nullification or impairment in the sense of Annex 2004. Annex 2004: Nullification and Impairment 1. If any Party considers that any benefit it could reasonably have expected to accrue to it under any provision of:
is being nullified or impaired as a result
of the application of any measure that is not 2. A Party may not invoke:
Article 2005: GATT Dispute Settlement 1. Subject to paragraphs 2, 3 and 4, disputes regarding any matter arising under both this Agreement and the General Agreement on Tariffs and Trade, any agreement negotiated thereunder, or any successor agreement (GATT), may be settled in either forum at the discretion of the complaining Party. 2. Before a Party initiates a dispute settlement proceeding in the GATT against another Party on grounds that are substantially equivalent to those available to that Party under this Agreement, that Party shall notify any third Party of its intention. If a third Party wishes to have recourse to dispute settlement procedures under this Agreement regarding the matter, it shall inform promptly the notifying Party and those Parties shall consult with a view to agreement on a single forum. If those Parties cannot agree, the dispute normally shall be settled under this Agreement. 3. In any dispute referred to in paragraph 1 where the responding Party claims that its action is subject to Article 104 (Relation to Environmental and Conservation Agreements) and requests in writing that the matter be considered under this Agreement, the complaining Party may, in respect of that matter, thereafter have recourse to dispute settlement procedures solely under this Agreement. 4. In any dispute referred to in paragraph 1 that arises under Section B of Chapter Seven (Sanitary and Phytosanitary Measures) or Chapter Nine (Standards-Related Measures):
5. The responding Party shall deliver a copy of a request made pursuant to paragraph 3 or 4 to the other Parties and to its Section of the Secretariat. Where the complaining Party has initiated dispute settlement proceedings regarding any matter subject to paragraph 3 or 4, the responding Party shall deliver its request no later than 15 days thereafter. On receipt of such request, the complaining Party shall promptly withdraw from participation in those proceedings and may initiate dispute settlement procedures under Article 2007. 6. Once dispute settlement procedures have been initiated under Article 2007 or dispute settlement proceedings have been initiated under the GATT, the forum selected shall be used to the exclusion of the other, unless a Party makes a request pursuant to paragraph 3 or 4. 7. For purposes of this Article, dispute settlement proceedings under the GATT are deemed to be initiated by a Party's request for a panel, such as under Article XXIII:2 of the General Agreement on Tariffs and Trade 1947, or for a committee investigation, such as under Article 20.1 of the Customs Valuation Code. Article 2020: Referrals of Matters from Judicial or Administrative Proceedings 1. If an issue of interpretation or application of this Agreement arises in any domestic judicial or administrative proceeding of a Party that any Party considers would merit its intervention, or if a court or administrative body solicits the views of a Party, that Party shall notify the other Parties and its Section of the Secretariat. The Commission shall endeavor to agree on an appropriate response as expeditiously as possible. 2. The Party in whose territory the court or administrative body is located shall submit any agreed interpretation of the Commission to the court or administrative body in accordance with the rules of that forum. 3. If the Commission is unable to agree, any Party may submit its own views to the court or administrative body in accordance with the rules of that forum. Article 2021: Private Rights 1. No Party may provide for a right of action under its domestic law against any other Party on the ground that a measure of another Party is inconsistent with this Agreement. TRIPARTITE TREATY Article XXIX. Disputes that may arise on the interpretation or application of any of the clauses of this Treaty shall be submitted for consideration of the Executive Council, which will decide the matter. CARICOM-COLOMBIA Article 2: The Joint Council 3. The functions of the Joint Council shall
be: Article 21: Settlement of Disputes CARICOM-VENEZUELA Article 2: The Joint Council 3. The functions of the Joint Council shall
be: Article 17: Settlement of Disputes 1. The Joint Council is the body responsible for the resolution of disputes which may arise with regard to the interpretation, application, execution or failure to comply with the provisions of this Agreement. CENTRAL AMERICA - DOMINICAN REPUBLIC Article 1603: Scope Unless otherwise stated in this Agreement, the procedure herein shall apply:
Article 16.04: Dispute Settlement under the Understanding 1. Any dispute related to the application of this Agreement or the Agreement Establishing the WTO or the agreements negotiated pursuant to the WTO Agreement may be settled in any such fora, at the claiming Party’s discretion. 2. Upon request by any Party to establish a panel in compliance with either this Chapter or the Understanding, the forum selected shall exclude all other fora. 3. For the purposes of this Article, a dispute settlement procedure shall be deemed initiated under the Understanding if a Party requests that:
… Article 16.18: Judicial and Administrative Fora 1. The Council shall, at its earliest convenience, agree on an adequate non-binding interpretation or response where:
A Party where the court or administrative agency is located shall present to such court or agency the Council’s response, in compliance with the procedures of the forum in question. 3. Should the Commission fail to reach an agreement, either Party may submit its own opinion to the court or administrative body, in compliance with the procedures of the forum in question. … MERCOSUR-BOLIVIA Article 21. The disputes which may arise from the enforcement of this Agreement shall be settled in accordance with the Dispute Settlement Procedure provided for in Annex 11 thereto. Annex 11 Article 1 Disputes among the Contracting Parties regarding the interpretation, application of or non-compliance with the provisions of the MERCOSUR - Bolivia Partial Agreement of Economic Complementation (hereinafter called “the Agreement”) and the instruments and protocols signed or to be signed within its framework shall abide by the Dispute Settlement Procedure described in this Annex, which is part of this Agreement. Article 14 The dispute settlement procedure referred to in this Annex shall be in force for a maximum of three (3) years, after which time a new facility shall be established which shall include an arbitration procedure, to be implemented from the beginning of the fourth year of the entry into force of this Agreement, at the latest. Where the Parties fail to complete negotiations or no agreement is reached on said procedure, within the timeframe established in the previous paragraph, the Parties shall adopt the arbitration procedure established in Chapter IV of the Brasilia Protocol, a copy of which is attached hereto. MERCOSUR-CHILE Article 22. The disputes regarding the interpretation, application of and non-compliance with this Agreement and the Protocols thereof shall be settled in accordance with the Dispute Settlement Procedure provided for in Annex 14 thereto. Annex 14 Article 1 Disputes among the Contracting Parties regarding the interpretation, application of or non-compliance with the provisions of the MERCOSUR - Chile Partial Agreement of Economic Complementation (hereinafter called “the Agreement”) and the instruments and protocols signed or to be signed within its framework shall abide by the Dispute Settlement Procedure described in this Annex, which is part of this Agreement. Article 14 The dispute settlement procedure referred to in this Annex shall be in force for a maximum of three (3) years, after which time a new facility shall be established which shall include an arbitration procedure, to be implemented from the beginning of the fourth year of the entry into force of this Agreement, at the latest. Where the Parties fail to complete negotiations or no agreement is reached on said procedure, within the timeframe established in the previous paragraph, the Parties shall adopt the arbitration procedure established in Chapter IV of the Brasilia Protocol, a copy of which is attached hereto. ARGENTINA-CHILE Article 27 Disputes that may arise in the execution of this Agreement… Second Additional Protocol l Article 1 1. Disputes arising between signatory countries on the interpretation or application of, or non-compliance with the provisions of the Economic Complementarity Agreement signed on August 2, 1991, and on the agreements, protocols, and other supplementary decisions or resolutions signed or to be signed within the framework of said Agreement, shall be subject to the dispute settlement procedures established in this Resolution. ARGENTINA-VENEZUELA Article 21. Disputes that may arise in the execution of this Agreement … BOLIVIA-CHILE Article 26 For settlement of disputes that may arise from the interpretation, implementation, or non-enforcement of the provisions of this Agreement, or any other type of dispute not envisaged in Chapter V, the signatory countries shall be subject to the procedure indicated in the following articles. BOLIVIA- MEXICO Article 19-02: Scope Unless otherwise stated in this Agreement, the procedure herein shall apply:
Article 19-03: Dispute Settlement pursuant to GATT 1. Any dispute related to the application of this Agreement and GATT and the agreements negotiated under the latter may be settled in either forum, at the claiming Party’s discretion. 2. Upon initiation of a dispute settlement procedure in compliance with either Article 19-05 herein or pursuant to GATT, the forum selected shall exclude all other fora. 3. For the purposes of this Article, a dispute settlement procedure shall be deemed initiated under GATT where a Party requests.
Article 19-16: Interpretation of the Agreement before Domestic Judicial or Administrative Fora 1. Where a matter related to the interpretation or application of this Agreement arises during an internal judicial or administrative proceeding of a Party and the other Party considers that it should intervene, or where a court or administrative body of a Party requests the other Party’s opinion, the Party where the court or administrative body is located shall advise the other Party and its National Section of the Secretariat. The Commission shall, at its earliest convenience, agree on an adequate response. 2. The Party where the court or administrative body is located shall present to such court or body the Commission’s interpretation, in compliance with the procedures of the forum in question. 3. Should the Commission fail to agree on an interpretation, either Party may submit its own opinion to the court or administrative body, in compliance with the procedures of the forum in question. Annex to Article 19-02: Nullification and Impairment 1. The Parties may have recourse to the dispute settlement procedure herein where they consider that a measure, while not inconsistent with this Agreement, is nullifying or impairing the benefits they may have reasonably expected to accrue from the application of the following provisions:
2. Regarding any measure subjected to a waiver pursuant to Article 20-01 (General Exceptions), a Party may not invoke:
BRAZIL-PERU Article 33. Differences and disputes that may arise in carrying out the present agreement will be subject to the procedure provided for in Annex IV. Annex IV. Dispute Settlement Mechanism For the settlement of disputes that may arise by virtue of the interpretation of the provisions contained in this agreement, as well as in their application or the failure to comply with them, or disputes of any other nature, the signatory countries will submit to the following procedure:… CANADA-CHILE Article N-01: The Free Trade Commission
Article N-05: WTO Dispute Settlement 1. Subject to paragraph 2, disputes regarding any matter arising under both this Agreement and the WTO Agreement, any agreement negotiated thereunder, or any successor agreement, may be settled in either forum at the discretion of the complaining Party. 2. In any dispute referred to in paragraph 1 where the responding Party claims that its action is subject to Article A-04 (Relation to Environmental and Conservation Agreements) and requests in writing that the matter be considered under this Agreement, the complaining Party may, in respect of that matter, thereafter have recourse to dispute settlement procedures solely under this Agreement. 3. The responding Party shall deliver a copy of a request made pursuant to paragraph 2 to its Section of the Secretariat and the other Party. Where the complaining Party has initiated dispute settlement proceedings regarding any matter subject to paragraph 2, the responding Party shall deliver its request no later than 15 days thereafter. On receipt of such request, the complaining Party shall promptly withdraw from participation in those proceedings and may initiate dispute settlement procedures under Article N-07. 4. Once dispute settlement procedures have been initiated under Article N-07 or dispute settlement proceedings have been initiated under the WTO Agreement, the forum selected shall be used to the exclusion of the other, unless a Party makes a request pursuant to paragraph 2. 5. For purposes of this Article, dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for a panel, such as under Article 6 of the DSU. Article N-19: Referrals of Matters from Judicial or Administrative Proceedings 1. If an issue of interpretation or application of this Agreement arises, in any domestic judicial or administrative proceeding of a Party, that either Party considers would merit its intervention, or if a court or administrative body solicits the views of a Party, that Party shall notify its Section of the Secretariat and the other Party. The Commission shall endeavour to agree on an appropriate response as expeditiously as possible. 2. The Party in whose territory the court or administrative body is located shall submit any agreed interpretation of the Commission to the court or administrative body in accordance with the rules of that forum. 3. If the Commission is unable to agree, each Party may submit its own views to the court or administrative body in accordance with the rules of that forum. Article N-20: Private Rights Neither Party may provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement. Annex N-04: Nullification and Impairment 1. If a Party considers that any benefit it could reasonably have expected to accrue to it under any provision of:
is being nullified or impaired as a result of the application of any measure that is not inconsistent with this Agreement, the Party may have recourse to dispute settlement under this Chapter. 2. A Party may not invoke:
with respect to any measure subject to an exception under Article O-01 (General Exceptions). CHILE-COLOMBIA Article 32. For settlement of disputes that may arise from the interpretation, implementation or non-enforcement of the provisions of this Agreement, or any other type of dispute not envisaged in Chapter VI, the signatory countries shall be subject to the following procedure: … Article 33…. The Commission shall have the following attributions:
CHILE-ECUADOR Article 32. For the settlement of disputes that may arise as a result of the interpretation of the provisions contained in this agreement, as well as of its application or non-fulfillment or of any other nature distinct from that provided for in Chapter VI, the signatory countries will submit to the following procedure: … Article 33… . The Committee will have the following attributions: …
CHILE- MEXICO Article 33. Article 34…. The Committee shall have the following attributions: ….
Free Trade Agreement Article 17-01: Free Trade Commission … 2. The Commission shall have the following functions: …
Article 18-02: Scope Unless otherwise provided herein, the procedures of this chapter shall apply:
Article 18-03: Settlement of disputes in accordance with the WTO Agreement 1. All disputes arising out of this Treaty, the WTO Agreement, and agreements negotiated in accordance therewith, may be resolved in either forum, at the choice of the objecting Party. 2. Once a dispute settlement procedure has been initiated in accordance with article 18.05, or in accordance with the WTO Agreement, the forum selected shall be exclusive unless one of the Parties submits a request in accordance with paragraph 3. 3. In the disputes referred to in paragraph 1, when the Party affected alleges that its action is subject to article 1-06 (Concerning environmental and conservation treaties), and requests in writing that the matter be examined as specified herein, the objecting Party may only have recourse subsequently, in this regard, to the settlement dispute procedures established herein. 4. The Party affected shall deliver a copy of the request prepared in accordance with paragraph 3 to the other Party and to its own section of the Secretariat. When the objecting Party has initiated the dispute settlement procedure in any matter covered in paragraph 3, the Party affected shall deliver the respective request within 15 days. Upon receipt of the request, the objecting Party shall refrain thenceforth from intervening in such procedures and shall initiate the dispute settlement procedure in accordance with article 18-05. 5. For the purposes of this article,
dispute settlement procedures will be considered to have been initiated in
accordance with the WTO Agreement when one of the Parties requests the
formation of a special group in accordance with article 6 of the
Understanding relative to the rules and procedures for settling disputes,
which forms part of the WTO Agreement. 1. If an issue of interpretation or application of this Treaty arises in internal judicial or administrative proceedings of one of the Parties, and the other Party considers that it warrants intervention, or if an administrative or judicial authority of one of the Parties seeks the opinion of the other Party, the Party in whose territory such authority is located shall notify the other Party or its section in the Secretariat. The Commission shall agree as promptly as possible on a suitable response. 2. The Party in whose territory such judicial or administrative authority is located shall present to the latter any interpretation agreed on by the Commission, in accordance with the procedures of this forum. 3. If the Commission is unable to reach agreement, either Party may submit its own opinion to the judicial or administrative authority, in accordance with the procedures of this forum. Article 18-18: Rights of individual Neither Party may grant a right of action
in its legislation against the other Party on grounds that a measure
adopted by the other Party is incompatible with this Treaty. Nullifcation and impairment 1. Either Party may have recourse to the dispute settlement mechanism described herein when, as a result of the application of a measure not in violation of the Treaty, the party considers that benefits are being nullified or impaired that it could reasonably have expected to receive from the application:
2. With respect to measures subject to a waiver in accordance with article 19-02 (General waivers), neither Party may invoke:
CHILE- PERU Article 30 Disputes arising from the interpretation, application, or non-enforcement of this Agreement, its Annexes and the protocols signed within the framework of said Agreement shall be settled in accordance with the Dispute Settlement Regime set forth in Annex 8 of this Agreement. Annex 8 - Dispute Settlement Regime Article 1 Disputes arising between the signatory countries regarding the interpretation, application, or non-enforcement of the provisions of the Economic Complementarity Agreement between Chile and Peru for the Establishment of a Free Trade Area, hereinafter “the Agreement,” or any other type of dispute different from those envisaged in Chapter VI of the Agreement, shall be subjected to the Dispute Settlement procedure established in this Annex, which is an integral part of the Agreement. Article 17 Disputes arising in relation to the
provisions of this Agreement, the Marrakesh Agreement establishing the
World Trade Organization (hereinafter the “WTO Agreement”), and the
agreements negotiated in accordance therewith, may be settled in either
forum, at the election of the signatory country filing the complaint. CHILE-VENEZUELA Article 31. For settlement of disputes that
may arise from the interpretation, implementation or non-enforcement of
the provisions of this Agreement, or any other type of dispute not
envisaged in Chapter VI, the signatory countries shall be subject to the
following procedure: COLOMBIA-HONDURAS Article 20. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. COLOMBIA-NICARAGUA Article 19. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. COSTA RICA-ARGENTINA Article 9 To facilitate compliance with and
development of this Agreement, the Contracting Parties agree to set up a
Joint Costa Rican-Argentine Economic Cooperation and Trade Commission….
COSTA RICA-COLOMBIA Article 18. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. COSTA RICA- MEXICO Article 16-01:
Administrative Commission
Article 17-02: Scope Unless otherwise stated in this Agreement, the procedure herein shall apply:
Article 17-03: Dispute Settlement pursuant to GATT 1. Any dispute related to the application of this Agreement and GATT or the agreements negotiated under the latter may be settled in either forum, at the claiming Party’s discretion. 2. Upon initiation of a dispute settlement procedure in compliance with either Article 17-06 herein or pursuant to GATT, the forum selected shall exclude all other fora. 3. For the purposes of this Article, a dispute settlement procedure shall be deemed initiated under GATT where a Party requests
… 1. Where a matter related to the interpretation or application of this Agreement arises during an internal judicial or administrative proceeding of a Party and the other Party considers that it should intervene, or where a court or administrative body of a Party requests the other Party’s opinion, the Party where the court or administrative body is located shall advise the other Party and its National Section of the Secretariat. The Commission shall, at its earliest convenience, agree on an adequate response. 2. The Party where the court or administrative body is located shall present to such court or body the Commission’s interpretation, in compliance with the procedures of the forum in question. 3. Should the Commission fail to reach an agreement, any of the Parties may submit its own opinion to the court or administrative body, in compliance with the procedures of the forum in question. Annex to Article 17-02: Nullification and Impairment 1. A Party may have recourse to the dispute settlement procedure herein where it considers that a measure, while not inconsistent with this Agreement, is nullifying or impairing the benefits it may have reasonably expected to accrue from the application of the following provisions:
2. Regarding any measure subjected to a waiver pursuant to Articles 9-16 (Waivers) or 18-01 (General Exceptions), a Party may not invoke
COSTA RICA-URUGUAY Article XII The Contracting Parties agree to create a Costa Rican-Uruguayan Joint Economic Cooperation Commission…. The essential duties of the Joint Commission shall be:
COSTA RICA-VENEZUELA Basic Convention Article 8 The Contracting Parties shall make all efforts to settle, through direct diplomatic negotiations, any disputes that may arise between them, related to the interpretation or execution of this Agreement. Convention of Partial Scope Article 46.- The Commission…shall have, inter alia, the following attributions:
DOMINICAN REPUBLIC-COSTA RICA Article XI The Contracting Parties agree to create a standing Joint Commission to execute the Clauses of this Agreement,…whose functions shall be: …
Article XVI Any disputes that may arise concerning the interpretation and application of any of the clauses of this Contract shall be settled peacefully between the Parties, in a spirit of collaboration and for the benefit of both Parties. ECUADOR-ARGENTINA Article 23. Disputes that may arise as a result of the implementation of this Agreement shall be settled by direct negotiations between the signatory countries…Likewise, the Council shall approve a final dispute settlement procedure six months after its establishment. ECUADOR-MEXICO Article 33 ECUADOR-PARAGUAY Article 40. To submit to the governments of the signatory countries proposals deemed appropriate for settling disputes that may arise as a result of the interpretation and application of this Agreement. ECUADOR-URUGUAY Article 22. Disputes that may arise as a result of the implementation of this Agreement shall be settled by direct negotiations between the signatory countries…Likewise, the Council shall approve a final dispute settlement procedure six months after its establishment. EL SALVADOR-COLOMBIA Article 19. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. GUATEMALA-COLOMBIA Article 19. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. MEXICO - NICARAGUA Article 19-01: Administrative Commission
… Unless otherwise stated in this Agreement, the procedure herein shall apply:
Article 20-03: Dispute Settlement under the Agreement Establishing the WTO 1. Any dispute related to the application of this Agreement and the Agreement Establishing the WTO may be settled in either forum, at the claiming Party’s discretion. 2. Upon initiation of a dispute settlement procedure in compliance with either Article 20-06 herein or pursuant to the Agreement Establishing the WTO, the forum selected shall exclude all other fora. 3. For the purposes of this Article, a dispute settlement procedure shall be deemed initiated under the Agreement Establishing the WTO where a Party requests that a panel be established pursuant to Article 6 of the Understanding Concerning the Rules and Procedures Governing the Settlement of Disputes under the WTO. Article 20-17: Proceedings before Domestic Judicial and Administrative Fora 1. Where a matter related to the interpretation or application of this Agreement arises during an internal judicial or administrative proceeding of a Party and the other Party considers that it should intervene, or where a court or administrative body of a Party requests the other Party’s opinion, the Party where the court or administrative body is located shall advise the other Party and the National Secretariat. The Commission shall, at its earliest convenience, agree on an adequate response. 2. The Party where the court or administrative body is located shall present to such court or body the Commission’s response, in compliance with the procedures of the forum in question. 3. Should the Commission fail to reach an agreement, either Party may submit its own opinion to the court or administrative body, in compliance with the procedures of the forum in question. Annex to Article 20-02: Nullification and Impairment 1. The Parties may have recourse to the dispute settlement procedure herein where they consider that a measure, while not inconsistent with this Agreement, is nullifying or impairing the benefits they may have reasonably expected to accrue from the application of the following provisions:
2. Paragraph 1 shall apply even where the defending Party invokes a general exception under Article 21-01, unless the exception applies to cross-border trade in services. PANAMA-COLOMBIA Article 32. Disputes that may arise in the
execution of this Agreement shall be settled by means of direct
consultations between the coordinating entities of the Parties. PANAMA-COSTA RICA Article 24
Article 25 Rules Article 17: The Permanent Mixed Commission
shall have the following attributions:
…. PANAMA- DOMINICAN REPUBLIC Article XVII The Permanent Mixed Commission shall have the following attributions: ….
Article XVIII The Contracting Parties agree to settle any disputes regarding the interpretation or implementation of any of the clauses of this agreement, within the spirit thereof and pursuant to the provisions of its Regulations. PANAMA-EL SALVADOR Article 18 The States Parties agree to settle fraternally within the spirit of this Treaty, disputes that may arise as to the interpretation or application of any provisions herein, in accordance with the Rules. … In no case shall the Parties take unilateral restrictive trade measures without prior consultation within the Permanent Mixed Commission. Rules Article 20: The Permanent Mixed Commission
shall have the following attributions:
Article 30: Differences and disputes arising between the Parties from the interpretation or application of the Treaty or Regulations shall, in the first instance, be settled by the States Parties through direct settlement between the Administrative Authorities. PANAMA-GUATEMALA Article 22
Article 23 Rules Article 20: The Permanent Mixed Commission
shall have the following attributions:
Article 31: Any differences and disputes between the parties regarding the interpretation or implementation of the Treaty and Rules shall initially be resolved by the Administrative Authorities in direct contact with each other.
PANAMA-HONDURAS Article 24 The Permanent Mixed Commission shall have the following attributions: ….
Article 25 The Signatory States agree to settle within the spirit of this Treaty and in conformity with its rules, disputes that may arise in the interpretation or application of any of its norms. PANAMA - MEXICO Article 25
…
PANAMA - NICARAGUA Article 24
Article 25 The Signatory States agree to resolve any differences that may come up regarding the interpretation or application of any of the clauses of this treaty within the spirit of the Treaty and in accordance with the provisions of its duly published Rules. Rules Article 16: The Permanent Mixed Commission
shall have the following attributions:
Article 26: Any differences and disputes between the parties regarding the interpretation or application of the Treaty and the Rules, as well as competition problems facing an enterprise or branch of industry, shall be resolved by the Administrative Authorities in direct contact with each other.
ALADI (LAIA) Resolution 114 Single Article 2. All requests must be duly justified by attaching thereto the necessary background documentation to that effect. 3. Consultations shall begin within five
days after the request is processed and shall conclude ten working days
after consultations begin. In this regard, the member countries agree to
respond diligently to requests for consultations submitted to them, and to
carry them out without delay in order to reach a mutually satisfactory
solution. 4. Should no satisfactory solution be achieved between the parties directly involved in the dispute at the end of the consultation period, the member countries may submit the matter to the Committee of Representatives, as provided in Article 34 (m) of the 1980 Treaty of Montevideo. GROUP OF THREE Article 19-01: Cooperation. Article 19-05: Consultations. 1. A Party may request, in writing, consultations with any other Party regarding any measure or other matter that it considers might affect the operation of the Treaty. 2. The Party initiating the procedure in
accordance with paragraph 1 shall deliver the request to the responsible
national bodies of the other Parties.
MERCOSUR Treaty of Asuncion Annex III: Settlement of Disputes 1. Any dispute arising between the States Parties as a result of the application of the Treaty shall be settled by means of direct negotiations. Protocol of Brasilia Article 2 The State Parties to any dispute shall first attempt to resolve it through direct negotiations. Article 3 1. In any dispute, the State Parties will inform the Common Market Group, through the Administrative Secretariat, regarding the actions that are undertaken during the negotiations and their results. 2. The direct negotiations cannot, except pursuant to an agreement between the parties, exceed a time limit of fifteen (15) days from the date that one of the State Parties originally raised the dispute. Rules Article 2. The direct negotiations referred to in Article 2 of the Brasilia Protocol will be carried out through the National Coordinators of the Common Market Group (CMG) of the States involved in the dispute. Article 3: The period of fifteen (15) days established in Article 3.2 of the Brasilia Protocol shall be calculated from the date on which the State Party raising a dispute informs the other State Party or States Parties involved of its complaint. It shall so inform them through the national Coordinators of the CMG. NAFTA Article 2003: Cooperation The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article 2006: Consultations 1. Any Party may request in writing consultations with any other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Agreement. 2. The requesting Party shall deliver the
request to the other Parties and to its Section of the Secretariat. 5. The consulting Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter through consultations under this Article or other consultative provisions of this Agreement. To this end, the consulting Parties shall:
CENTRAL AMERICA - DOMINICAN REPUBLIC Article 16:02: Cooperation The Parties shall endeavor to reach agreement on the interpretation and the application of this Treaty through cooperation and consultations, and shall attempt to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article 16.06: Consultations 1. Any Party may request in writing consultations with the other Party or Parties regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Treaty within the terms of Article 16.03. 2. The requesting Party shall deliver the request to the Council and to the other Parties. 3. The consulting Parties shall:
MERCOSUR-BOLIVIA Annex 11 Article 2 The Parties shall endeavor to settle the disputes referred to in Article 1 above through reciprocal consultations and direct negotiations in order to achieve a mutually satisfactory solution. Article 3 Any of the Parties to a dispute may request in writing to the other Party to hold consultations and direct negotiations and shall advise the Administrative Commission, hereinafter called “the Commission.” Article 4 The Parties shall provide the necessary information to examine the case and shall keep such information confidential. The Parties shall initiate negotiations to agree on a solution. Negotiations shall take no longer than thirty (30) days from the date a formal request for consultations was received, unless the Parties agree to extend such period for another thirty (30) days. MERCOSUR-CHILE Annex 14 Article 2 The Parties shall endeavor to settle the disputes referred to in Article 1 above through reciprocal consultations and direct negotiations in order to achieve a mutually satisfactory solution. Article 3 Any of the Parties to a dispute may request in writing to the other Party to hold consultations and direct negotiations and shall advise the Administrative Commission, hereinafter called “the Commission.” Article 4 The Parties shall provide the necessary information to examine the case and shall keep such information confidential. The Parties shall initiate negotiations to agree on a solution. Negotiations shall take no longer than thirty (30) days from the date a formal request for consultations was received, unless the Parties agree to extend such period for another thirty (30) days. ARGENTINA-CHILE Article 27 Disputes that may arise in the execution of this Agreement shall be settled through direct negotiations between the signatory countries. Second Additional Protocol Article 2 The signatory countries shall make efforts to settle the disputes referred to in Article 1 through direct negotiations. Article 3 1. The countries party to a dispute shall report any action taken during the negotiations and the results thereof to the Economic Complementarity Council (hereinafter “the Council”), established by Article 28 of the Economic Complementarity Agreement, through the respective national coordinating agencies envisaged in Article 7 of Council Resolution 1. 2. The direct negotiations may not exceed a time limit of 30 days from the date on which one of the signatory countries filed the dispute, unless otherwise agreed between the parties. ARGENTINA-VENEZUELA Article 21. Disputes that may arise in the execution of this Agreement shall be settled through direct negotiations between the signatory countries. BOLIVIA-CHILE Article 27 The signatory country that considers itself affected by a situation of application inconsistent with the law or based on an interpretation that is not shared, or noncompliance with the rules of this Agreement, shall communicate its observations in this regard to the other signatory country, through the competent national body referred to in Article 23, and the other signatory shall respond thereto within no more than 15 days. In case the signatory country to whom the request is made fails to respond within the time indicated or that its response does not satisfy the affected signatory country, direct negotiation procedures shall be instituted, immediately, through the competent national agencies referred to in Article 23 or before the Administrative Commission, at the election of the affected signatory country. In the event of the latter choice, the Commission shall be convened within no more than 20 days of notification of the application by the affected signatory country. To better carry out its duty, the Administrative Commission may request technical opinions from individual specialists or independent specialized agencies, which it shall take into consideration as additional elements of the case. Article 28 Should the direct negotiations through the competent national agencies or before the Administrative Commission not lead to a mutually satisfactory settlement of the dispute submitted, within 30 days, subject to extension by mutual agreement, the dispute shall be referred for consideration and judgment to an Arbitration Commission … . BOLIVIA- MEXICO Article 19-01: Cooperation The Parties shall at all times endeavor to reach agreement on the interpretation and the application of this Treaty through cooperation and consultations and shall attempt to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article 19-04: Consultations 1. Any Party may request in writing consultations regarding any actual or proposed measure or on any other matter that it considers might affect the operation of this Treaty. 2. The Party initiating the consultations in accordance with Paragraph 1 shall deliver its request to the National Section of the Secretariat and to the other Party. 3. The Parties shall:
BRAZIL-PERU Annex IV. Dispute Settlement Mechanism CANADA-CHILE Article N-03: Cooperation The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article N-06: Consultations 1. A Party may request in writing consultations with the other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Agreement. 2. The requesting Party shall deliver the request to its Section of the Secretariat and the other Party. 3. Consultations on matters regarding perishable agricultural goods shall commence within 15 days of the date of delivery of the request. 4. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter through consultations under this Article or other consultative provisions of this Agreement. To this end, the Parties shall:
CHILE-COLOMBIA Article 32.…. (a) The affected party shall file a complaint with the competent national body referred to in Article 33 of this Agreement, which shall immediately initiate consultations on the matter with the competent body of the other party. If the dispute that was raised is not resolved within a period of twenty days as from the filing of the complaint, the competent national agency that initiated the consultations shall request the intervention of the Administrative Commission provided for in Article 33 of this Agreement. CHILE-ECUADOR Article 32…. (a) The affected party shall
file a complaint with the competent national body referred to in Article
33 of this Agreement, which shall immediately initiate consultations on
the matter with the competent body of the other Party. CHILE- MEXICO Article 33. …(a) The affected party shall
file a complaint with the competent national body referred to in Article
34 of this Agreement, which shall immediately initiate consultations on
the matter with the competent body of the other party. Free Trade Agreement Article 18-01: Cooperation The Parties shall at all
times endeavor to agree on the interpretation and application of this
Treaty through cooperation and consultation, and shall attempt to reach a
mutually satisfactory resolution of any matter that might adversely affect
its operation. 1. A Party may request in writing consultations with the other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Treaty. 2. The Party initiating consultations in accordance with paragraph 1 shall deliver its request to its section of the Secretariat and to the other Party. 3. Consultations on matters regarding perishable agricultural goods shall commence within 15 days of the date of delivery of the request. 4. The Parties shall:
5. The Parties, by mutual agreement, may request directly that the Commission meet in accordance with article 18-05, even when the consultations provided in this article have not been held. CHILE- PERU Annex 8 Article 2 The Signatory Countries shall attempt to settle the disputes referred to in Article 1 through reciprocal consultations and direct negotiations to arrive at a mutually satisfactory resolution. Article 3 The affected Signatory Country shall file a complaint with the competent national body referred to in Article 33 of the Agreement, which shall immediately initiate consultations on the matter with the competent national body of the other Signatory Country. Article 4 The Signatory Countries shall provide the information to enable an analysis of the matter, treating this information as confidential, and shall conduct negotiations between themselves to reach a resolution. These negotiations shall not last longer than twenty (20) days from the date of receipt of the formal request to initiate consultations. CHILE-VENEZUELA Article 31 1. The affected party shall file a complaint with the competent national body referred to in Article 33 of this Agreement, which shall immediately initiate the consultations on the matter with the competent body of the other party. If the dispute that was raised is not resolved within a period of 15 days, as from the filing of the complaint, the competent national body that initiated the consultations shall request the intervention of the Administrative Commission provided for in Article 33 of this Agreement. COLOMBIA-HONDURAS Article 20. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COLOMBIA-NICARAGUA Article 19. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of this Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COSTA RICA-COLOMBIA Article 18. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COSTA RICA- MEXICO Article 17:01: Cooperation The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement through cooperation and consultation, and shall attempt to arrive at a mutually satisfactory resolution of any matter affecting its operation. Article 17-04: Perishable Goods In any dispute regarding perishable goods, the Parties, the Commission, and the arbitral tribunal referred to in Article 17-07 shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this chapter. Article 17-05: Consultation 1. A Party may request in writing consultations with the other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Agreement within the terms of Article 17-02. 2. The requesting Party shall deliver the request to its national section of the Secretariat and to the other Party. 3. The Parties shall:
COSTA RICA-VENEZUELA Basic Convention Article 8 The Contracting Parties shall make efforts to settle, through direct diplomatic negotiations, any disputes that may arise between them, by reason of the interpretation or enforcement of this Convention. Convention of Partial Scope Article 47 In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of both signatory countries shall name a contact body, that on a permanent basis attends to consultations by any of the Parties and administers the provisions of the present Agreement. DOMINICAN REPUBLIC-COSTA RICA Article XII In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Convention, the Governments of the respective countries shall designate an administrative authority in both territories that on a permanent basis attends to consultations by any of the Parties and disseminates the benefits of the present Convention. Article XVI Any disputes that may arise concerning the interpretation and application of any of the clauses of this Convention shall be settled fraternally between the Parties within the spirit of collaboration and mutual benefit that infuses it. ECUADOR-ARGENTINA Article 23. Disputes that may arise in
the execution of this Agreement shall be settled by direct negotiations
between the signatory countries. ECUADOR-URUGUAY Article 22. Disputes that may arise in
the execution of the present Agreement shall be settled by direct
negotiations between the signatory countries. EL SALVADOR-COLOMBIA Article 19. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. GUATEMALA-COLOMBIA Article 19. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provision of this Agreement MEXICO - NICARAGUA Article 20-01: Cooperation The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement through cooperation and consultation, and shall make every attempt to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article 20-04: Perishable Goods In matters concerning perishable goods, the Parties, the Commission, and the arbitral tribunal shall do everything possible to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this chapter. Article 20-05: Consultation 1. A Party may request in writing consultations with the other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Treaty within the terms of Article 20-02. 2. The Party initiating consultations in accordance with paragraph 1 above shall deliver the request to its Secretariat and the other Party. 3. The Parties shall:
PANAMA - COLOMBIA Article 32. Disputes that may arise in the execution of this Agreement shall be settled through direct consultations between the coordinating entities of the Parties. PANAMA - COSTA RICA Article 25 The signatory States agree to settle, within the spirit of this Treaty and in accordance with the provisions of its Rules, disputes that may arise regarding the interpretation or application of any of its clauses. Rules Article 27: Disputes and differences that arise between the Parties regarding the interpretation or application of the Treaty and the Rules, initially shall be resolved through direct settlement between the Administrative Authorities. … Article 28: The presentation and direct settlement of the problem between the Administrative Authorities may take the following forms:
Article 29: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication. Article 30: The agreements resulting from
direct settlement, as well as matters pending resolution and the arguments
of the Administrative Authorities, shall be recorded in writing. PANAMA - DOMINICAN REPUBLIC Article XVIII The Contracting Parties agree to settle, within the spirit of this Treaty and in accordance with the provisions of its Rules, disputes that may arise regarding the interpretation or application of any of its clauses. PANAMA - EL SALVADOR Article 18 Rules Article 30: Disputes and differences that arise between the Parties regarding the interpretation or application of the Treaty and the Rules, shall be resolved initially by the Signatory States through direct settlement between the Administrative Authorities. … Article 31: The presentation and direct settlement of the problem between the Administrative Authorities may take the following forms:
Article 32: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication. Article 33: The agreements resulting from direct settlement, as well as matters pending resolution and the arguments of the Administrative Authorities shall be recorded in writing. Such agreements shall contain a concise account of the facts and legal basis. PANAMA - GUATEMALA Article 23 The Signatory States agree to settle, within the spirit of this Treaty and in accordance with the provisions of its Rules, disputes that may arise in the interpretation or application of any of its clauses. Rules Article 31: Disputes and differences that arise between the Parties regarding the interpretation or application of the Treaty and the Rules, shall be resolved initially by the Signatory States through direct settlement between the Administrative Authorities. Article 32: The presentation and direct settlement of the problem between the Administrative Authorities may take the following forms:
Article 33: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within twenty (20) calendar days from the date of
the written communication. Article 34: The agreements resulting from direct settlement, as well as matters pending resolution and the arguments of the Administrative Authorities shall be recorded in writing. Such agreements shall contain a concise account of the facts and legal basis. PANAMA - HONDURAS Article 25 The signatory States agree to settle, within the spirit of this Treaty and in accordance with its Rules, disputes that may arise in the interpretation or application of any of its norms. PANAMA - NICARAGUA Article 25 The signatory States agree to settle, within the spirit of this Treaty and in accordance with the provisions of its Rules, that will be duly issued, disputes that may arise regarding the interpretation or application of any of its clauses. Rules Article 26: Disputes and differences that arise between the parties regarding the interpretation or application of the Treaty and its Rules, as well as competition problems facing an enterprise or branch of industry, may be resolved by the Signatory States through direct settlement between the Administrative Authorities. Article 27: Direct settlement between the Administrative Authorities may take the following forms:
Article 28: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication. Article 29. The agreements resulting from
direct settlement, as well as matters pending resolution and the arguments
of the Administrative Authorities shall be recorded in writing.
ALADI (LAIA) Resolution 114 Single Article 4. Should no satisfactory solution be achieved between the parties directly involved in the dispute at the end of the consultation period, the member countries may submit the matter to the Committee of Representatives, as provided in Article 34 (m) of the 1980 Treaty of Montevideo. MERCOSUR Treaty of Asuncion Annex III: Settlement of Disputes 1. Any dispute arising between the States Parties as a result of the application of the Treaty shall be settled by means of direct negotiations. If no solution can be found, the States Parties shall refer the dispute to the Common Market Group…. Protocol of Brasilia Article 4 1. If during the direct negotiations an agreement cannot be reached or if the dispute was resolved only partially, any of the State Parties to the dispute can submit it for consideration by the Common Market Group. NAFTA Article 2007: Commission - Good Offices, Conciliation and Mediation 1. If the consulting Parties fail to resolve a matter pursuant to Article 2006 within:
MERCOSUR - BOLIVIA Annex 11 Article 4 Article 5 MERCOSUR-CHILE Annex 14 Article 4 Article 5 Where no mutually satisfactory settlement is achieved within the time period indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission meet to consider the matter. ARGENTINA-CHILE Second Additional Protocol ARGENTINA-VENEZUELA Article 21. Disputes that may arise in the
execution of this Agreement shall be settled through direct negotiations
between the signatory countries. BOLIVIA-CHILE Article 27. BOLIVIA- MEXICO Article 19-05: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may ask the Commission in writing to meet should a matter fail to be resolved in accordance with Article 19-04 above within forty-five days after the request for consultations. 2. A Party may also ask the Commission in writing to meet after consultations have been conducted pursuant to Articles 4-21(5) (Technical Consultations) and 13-19(4) (Technical Consultations). BRAZIL-PERU Annex IV CANADA-CHILE Article N-07: Commission - Good Offices, Conciliation and Mediation 1. If the Parties fail to resolve a matter pursuant to Article N-06 within:
2. A Party may also request in writing a meeting of the Commission where:
CHILE-COLOMBIA Article 32. … . If no settlement of the dispute raised is reached within a period of twenty days from the submission of the complaint, the competent national body that initiated the consultations shall request the intervention of the Administrative Commission provided for in Article 33 of this Agreement. CHILE-ECUADOR Article 32. … If no settlement of the dispute raised is reached within a period of twenty days from the submission of the complaint, the competent national body that initiated the consultation shall request the intervention of the Administrative Committee provided for in Article 33 of this Agreement. CHILE - MEXICO Article 33. ….If no settlement of the dispute raised is reached within a period of 15 days from the submission of the complaint, the competent national body that initiated the consultations shall request the intervention of the Administrative Committee provided for in Article 34 of this Agreement. Free Trade Agreement Article 18-04: Consultations 5. The Parties, by mutual agreement, may request directly that the Commission meet in accordance with article 18-05, even when the consultations provided in this Article have not been held. Article 18-05: Intervention of the Commission, good offices, conciliation, and mediation 1. If a matter is not resolved pursuant to article 18.04 within a time period of:
either Party may request in writing a meeting of the Commission. CHILE- PERU Annex 8 Article 5 If no mutually satisfactory settlement is achieved within the time period indicated in Article 4 or if the dispute is settled only partially, any signatory country, through its competent national agency, may request in writing that the Administrative Commission meet to consider the matter. CHILE-VENEZUELA Article 31. …If no settlement to the dispute in question is achieved within 15 days of filing of the complaint, the competent national agency that initiated the consultations shall request the intervention of the Administrative Commission envisaged in Article 33 of this Agreement. COSTA RICA- MEXICO Article 17-04: Perishable Goods In any dispute involving perishable goods,
the Parties, the Commission, and the arbitration tribunal referred to in
Article 17-07 shall make every effort to accelerate the procedure to the
greatest extent possible. To that effect, the Parties shall try to reduce
by common agreement the time periods established in this Chapter. 1. Any Party may request the Commission in writing to meet should a matter fail to be resolved in accordance with Article 17-05 above within forty-five days of delivery of a request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 4-25 (Dispute Settlement), 5-25 (Referral to the Committee on Rules of Origin), and 11-20 (Technical Consultations). DOMINICAN REPUBLIC-COSTA RICA Article XVI Any disputes that may arise concerning the interpretation and application of any of the clauses of this Convention shall be settled fraternally between the Parties, within the spirit of collaboration and mutual benefit that infuses it. In exceptional cases, when this is not possible, the Parties agree to name an Arbitration Commission, whose decision they are required to accept. ECUADOR-ARGENTINA Article 23. Disputes that may arise as a result of the implementation of this Agreement shall be settled by direct negotiations between the signatory countries. Should no settlement be reached within 30 days after the notification of the dispute, which period of time may be extended by mutual agreement, the signatory countries shall submit the dispute to the consideration of the Council provided for in Article 18. ECUADOR-URUGUAY Article 22. Disputes that may arise as a
result of the implementation of this Agreement shall be settled by direct
negotiations between the signatory countries. MEXICO -NICARAGUA Article 20-04: Perishable Goods In any dispute involving perishable goods, the Parties, the Commission, and the arbitration tribunal shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this Chapter. Article 20.06: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Any Party may request the Commission in writing to meet should a matter fail to be resolved in accordance with Article 20-05 above within forty-five days of delivery of a request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 5-14 and 14.18. PANAMA-COLOMBIA Article 32. Disputes that may arise in the
execution of this Agreement shall be settled through direct consultations
between the coordinating entities of the Parties. PANAMA-COSTA RICA Rules Article 27: Differences and disputes that arise between the parties regarding the interpretation or application of the Treaty and the Rules, shall be resolved initially through direct settlement between the Administrative Authorities. If they cannot reach agreement, the matter will be sent to the Mixed Commission. … Article 29: The Administrative Authority to whom the request is made, shall attend to the matter raised by its counterpart and respond within fifteen (15) calendar days from the date of the written communication. If after such period of time a satisfactory solution has not been reached, the matter may be brought by either Party for review and decision by the Mixed Commission in accordance with the procedure previously established in these Rules. PANAMA- DOMINICAN REPUBLIC Article XVIII The Contracting Parties agree to settle,
within the spirit of this Treaty and in accordance with the provisions of
its Rules, disputes regarding the interpretation or application of any of
its clauses. PANAMA-EL SALVADOR Article 18 Rules Article 30: Differences and disputes that arise between the Parties regarding the interpretation or application of the Treaty and the Rules shall be resolved initially by the Signatory States through direct settlement between the Administrative Authorities. Article 32: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication. PANAMA-GUATEMALA Rules Article 31: Differences and disputes that
arise between the parties regarding the interpretation or application of
the Treaty and the Rules, shall be resolved initially through direct
settlement by the Administrative Authorities. Article 33: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within twenty (20) calendar days from the date of
the written communication. PANAMA-NICARAGUA Rules Article 26: Differences and disputes that
arise between the parties regarding the interpretation or application of
the Treaty and the Rules, as well as competition problems facing an
enterprise or branch of industry, may be resolved by the Signatory States
through direct settlement between the Administrative Authorities. Article 28: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication.
GROUP OF THREE Article 19-05: Consultations. 3. A third Party that considers itself to have a substantial interest in the matter, shall have the right to participate in the consultations. To do so it shall send written notification to the responsible national bodies of the Parties. NAFTA Article 2005: GATT Dispute Settlement 2. Before a Party initiates a dispute settlement proceeding in the GATT against another Party on grounds that are substantially equivalent to those available to that Party under this Agreement, that Party shall notify any third Party of its intention. If a third Party wishes to have recourse to dispute settlement procedures under this Agreement regarding the matter, it shall inform promptly the notifying Party and those Parties shall consult with a view to agreement on a single forum. If those Parties cannot agree, the dispute normally shall be settled under this Agreement. Article 2006: Consultations 3. Unless the Commission otherwise provides in its rules and procedures established under Article 2001(4), a third Party that considers it has a substantial interest in the matter shall be entitled to participate in the consultations on delivery of written notice to the other Parties and to its Section of the Secretariat.
ALADI (LAIA) Article 35 The Committee is the permanent organ of the Association and shall have the following attributes and obligations:
Article 36 Resolution 114 Single Article 5. The Committee of Representatives shall propose to the countries directly involved in the dispute, 15 days after the matter was submitted to its consideration, the formulas deemed most appropriate for settling the dispute. GROUP OF THREE Article 19-06: Intervention of the Commission, Mediation and Conciliation 1. If the matter has not been settled according to the procedures set out in Article 19-05 within forty-five (45) days following the delivery of the request for consultation, any of the consulting Parties may make a written request for a meeting of the Commission 2. A Party may also make a written request for a meeting of the Commission when consultations have been carried out in accordance with Article 5-30 or Article 14-18. 3. A Party initiating this procedure shall identify in its request the measure or other matter causing concern, cite the Treaty provisions it considers applicable and deliver the request to the responsible national bodies of the other Parties. 4. The Commission shall meet within ten days of receiving the request and, with the aim of reaching a mutually satisfactory settlement of the dispute, shall be able to:
5. The Commission shall have the power to join two or more cases submitted to it under the provisions of this article and regarding the same measure. The Commission may also join two or more cases submitted to it in accordance with this article on separate questions, when it considers that they should be examined together. MERCOSUR Treaty of Asuncion Annex III: Settlement of Disputes 1. Any dispute arising between the States Parties as a result of the application of the Treaty shall be settled by means of direct negotiations. If no solution can be found, the States Parties shall refer the dispute to the Common Market Group which, after evaluating the situation, shall within a period of 60 days make the relevant recommendations to the Parties for settling the dispute. To that end, the Common Market Group may establish or convene panels of experts or groups of specialists in order to obtain the necessary technical advice. If the Common Market Group also fails to find a solution, the dispute shall be referred to the Council of the common market to adopt the relevant recommendations. Protocol of Brasilia Article 4 1. If during the direct negotiations an agreement cannot be reached or if the controversy can only be resolved in part, any of the State Parties to the controversy can submit it for consideration by the Common Market Group. 2. The Common Market Group will evaluate the situation, giving an opportunity to the parties to the controversy to state their respective positions and requiring, whenever it considers it necessary, the advice of experts selected from a list which is referred to in Article 30 of the present Protocol. 3.The costs which arise as a result of this advice will be borne in equal parts by the State Parties to the controversy or in a proportion as determined by the Common Market Group. Article 5 Article 6 Article 26 1. The private parties that are affected will file their complaints with the National Section of the Common Market Group of the State Party wherein they maintain their usual residency or which is the headquarters of their business. 2. Private parties should provide all the elements which will allow the aforesaid National Section to determine the truth of the violation and the existence or threat of prejudice. Article 27 Unless a complaint refers to a matter which has already led to the initiation of Dispute Settlement proceedings pursuant to Chapters II, III or IV of this Protocol, the National Section of the Common Market Group which accepted the complaint in conformity with Article 26 of this chapter can, in consultation with the affected private party:
Article 28 Article 29 2. If the Common Market Group does not reject the complaint, it will immediately convene a group of experts who should then issue a report with their conclusions within a non-extendible time period of thirty (30) days following their designation. 3. Within this time limit, the group of experts will give the affected private party and the State against which a complaint has been filed the opportunity to be heard and to present their arguments. Article 30 2. With the goal of establishing a list of experts, each of the State Parties shall designate six (6) persons of recognized competence in matters which can be the subject of a dispute. This list shall remain recorded with the Administrative Secretariat. Article 31 Article 32 Protocol of Ouro Preto Article 21 In addition to the duties and functions described in Articles 16 and 19 of this Protocol, the Mercosul Trade Commission shall be responsible for considering complaints referred to it by the National Sections of the Mercosul Trade Commission and originated by States Parties or individuals, whether natural or legal persons, relating to the situations provided for in Article 1 or 25 of the Protocol of Brasilia, when they fall within its sphere of competence. Paragraph 1. The examination of the aforesaid complaints within the Mercosul Trade Commission shall not prevent the complainant State Party taking action under the Brasilia Protocol for the Settlement of Disputes. Paragraph 2. Complaints arising in the circumstances described in this Article shall be dealt with in accordance with the procedure laid down in the Annex to this Protocol. Annex: General Procedure for Complaints to the Mercosul Trade Commission Article 1. Complaints submitted by the National Sections of the Mercosul Trade Commission and originated by States Parties or individuals, whether natural or legal persons, in accordance with the provisions of Article 21 of the Protocol of Ouro Preto shall be subject to the procedure laid down in this Annex. Article 2. The complainant State Party shall submit its complaint to the Pro-Tempore Chairman of the Mercosul Trade Commission who shall take the necessary steps to include the matter on the Agenda of the next meeting of the Mercosul Trade Commission at least one week beforehand. If no decision is taken at that meeting, the Mercosul Trade Commission shall, without taking further action, pass on the dossier to a Technical Committee. Article 3. Within a maximum of thirty (30) calendar days, the Technical Committee shall prepare and submit to the Mercosul Trade Commission a joint opinion on the question. This opinion or the conclusions of the experts making up the Technical Committee, if there is no joint opinion, shall be taken into consideration by the Mercosul Trade Commission when it rules on the complaint. Article 4. The Mercosul Trade Commission shall rule on the complaint at its first ordinary meeting following receipt of the joint opinion or, should there be none, the conclusions of the experts, although an extraordinary meeting may also be convened for the purpose. Article 5. If a consensus cannot be reached at the first meeting mentioned in Article 4, the Mercosul Trade Commission shall submit to the Common Market Group the various alternatives proposed, together with the joint opinion or the conclusions of the experts on the Technical Committee, in order that an appropriate decision may be taken. The Common Market Group shall give a ruling within thirty (30) calendar days of the receipt by the Pro-Tempore Chairman of the proposals submitted by the Mercosul Trade Commission. Article 6. If there is agreement that the complaint is justified, the State Party against which it is made shall adopt the measures approved in the Mercosul Trade Commission or the Common Market Group. In each case, the Mercosul Trade Commission or, subsequently, the Common Market Group shall fix a reasonable period for the implementation of these measures. If this period expires without the State against which the complaint is made having complied with the provisions of the decision adopted, whether by the Mercosul Trade Commission or the Common Market Group, the complainant State may resort directly to the procedure provided for in Chapter IV of the Protocol of Brasilia. Article 7. If a consensus cannot be reached in the Mercosul Trade Commission, or subsequently, in the Common Market Group or if the State against which the complaint is made does not comply within the period provided for in Article 6 with the provisions of the decision adopted, the complainant State may resort directly to the procedure established in Chapter IV of the Brasilia Protocol and shall inform the Mercosul Administrative Secretariat accordingly. Rules Article 4: A State Party that, in accordance with Article 4.1 of the Protocol of Brasilia, decides to refer a dispute to the CMG can do so in either one of its regular or special sessions. If the sessions referred to in the preceding paragraph are both still more than forty-five (45) days off, the State Party in question shall be able to request a special session of the CMG. The State Party initiating a dispute must present the matter in writing to the chairman Pro Tempore of the CMG, with all pertinent documents, ten (10) days before the date of the meeting so that it can be included on the agenda. Article 5: When the CMG deems it necessary to seek the advice of experts, as provided for in Article 4.2 of the Protocol of Brasilia, said experts will be designated in accordance with Article 30 of the Protocol. When designating experts, the CMG shall also establish a clear mandate for them and the time period allowed to carry it out. Article 6: The experts shall submit a joint
opinion to the CMG by the deadline established. If they cannot agree on a
joint opinion, they will submit their separate conclusions before the
deadline.
Article 25: The Common Market Group shall take receipt of a complaint as referred to in Article 29.1 of the Protocol of Brasilia in either a regular or special session, and shall examine it in its subsequent meeting. Article 26: For the Common Market Group to not admit a complaint, according to the provisions of Article 29.1 of the Protocol of Brasilia, there must be consensus. If that is not the case, the complaint shall be considered admitted and the CMG shall immediately convene a group of experts as provided for in Article 29.2 of the Protocol of Brasilia. Article 27: The appointment referred to in Article 30.1 of the Protocol of Brasilia shall be made during the same meeting during which the CMG examines the complaint. Article 28: The subject of a dispute between States or of a complaint lodged upon the request of an individual shall be determined through written submissions and corresponding responses. No addition to it can be made at a later date. Article 29: The expenses of experts referred to in Articles 4.3 and 31 of the Protocol of Brasilia include monetary compensation for their work and the cost of tickets and other travel, travel allowances and other work-related expenses. Article 30: The monetary compensation
referred to in the preceding paragraph is to be set jointly by the States
involved in the dispute and then agreed upon with the experts within a
maximum of five (5) of their appointment as such. Article 34: To process the payment of fees for the arbitrators and experts, as well as any other expenses they incurred, all relevant receipts, vouchers and invoices shall be submitted. Article 35: The opinion of the group of experts referred to in Article 32 of the Protocol of Brasilia must be a unanimous one. Article 36: If the opinion submitted to it considers the complaint inadmissible, the Common Market Group shall immediately declare the case closed within the framework of Chapter V of the Protocol of Brasilia. Article 37: If the group of experts is unable to reach unanimity regarding an opinion, it shall submit the various conclusions to the Common Market Group, which shall then immediately declare the case closed within the framework of Chapter V of the Protocol of Brasilia. Article 38: Closing of the case by the Common Market Group through the procedures established in Articles 36 and 37 of these Rules shall not in any way impede the complainant from initiating proceedings as provided for in Chapters II, III and IV of the Protocol of Brasilia. Article 39: The time periods established in
the Protocol of Brasilia and in these Rules shall be calculated as
consecutive days. NAFTA Article 2007: Commission - Good Offices, Conciliation and Mediation 1. If the consulting Parties fail to resolve a matter pursuant to Article 2006 within:
2. A Party may also request in writing a meeting of the Commission where:
3. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to the other Parties and to its Section of the Secretariat. 4. Unless it decides otherwise, the Commission shall convene within 10 days of delivery of the request and shall endeavor to resolve the dispute promptly. 5. The Commission may:
6. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly. Article 2008: Request for an Arbitral Panel 1. If the Commission has convened pursuant to Article 2007(4), and the matter has not been resolved within:
CARICOM-COLOMBIA Article 21: Settlement of Disputes 2. In the exercise of its powers under this Article, the Joint Council shall define guidelines and mechanisms for the settlement of disputes within six (6) months after the entry into force of this Agreement. Such mechanisms may be negotiation, mediation, conciliation and the formulation of recommendations by groups of experts. CARICOM-VENEZUELA Article 17: Settlement of Disputes 2. In the implementation of its powers under this Article, the Joint Council shall define guidelines and mechanism for the settlement of disputes not later than six months after the entry into force of this Agreement. Such mechanisms may include negotiations, enquiry, mediation, conciliation and arbitration. CENTRAL AMERICA - DOMINICAN REPUBLIC Article 16.07: Intervention by the Council, good offices, conciliation, and mediation 1. Any Consulting Party may request the Council in writing, through its National Section of the Secretariat, to meet should a matter fail to be resolved pursuant to the previous article within thirty days after the delivery of a request for consultations. The request must be notified to all Parties. 2. A Party may also request in writing a meeting of the Council where technical consultations have been held pursuant to the provisions of Articles 6.04 and 13.12. 3. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Treaty that it considers relevant. 4. The Council shall meet within ten days following the filing of the request and may, with the aim of reaching a mutually satisfactory resolution of the dispute:
5. The Council may consolidate, ex oficio or at the request of a Party, the dispute settlement proceedings contained in this Article, should it receive two or more requests to consider matters regarding the same measure or different matters that would be appropriate to examine jointly. MERCOSUR-BOLIVIA Article 39. The
administration and evaluation of this Agreement shall be conducted by an
Administrative Commission consisting of MERCOSUR's Common Market Group,
for one Contracting Party, and the National Secretariat of International
Economic Affairs of the Ministry of Foreign Affairs and Cult of Bolivia,
for the other Contracting Party. 2. The Administrative Commission shall meet in regular session once a year, at a venue and date determined by mutual agreement and, in extraordinary session when the Contracting Parties, after consultations, so agree. 3. The Administrative Commission shall adopt its decision through agreement of the Contracting Parties. Article 40. The Administrative Commission shall have the following attributes: 1. Ensure the enforcement
of the provisions of this Agreement and its Additional Protocols and
Annexes. Annex 11 Article 5 Where no mutually satisfactory settlement could be achieved within the timeframe indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission convene to consider the matter. Article 6 The Party requesting a Commission meeting shall state in its writing the reasons for its request; the Party shall also indicate the provisions of the Agreement or additional instruments that it considers relevant. The Commission shall evaluate the situation and provide the Parties with an opportunity to make representations and, if deemed necessary, collect technical information on the matter. The Commission shall convene within fifteen (15) days following the date the request was received. The procedure may not take more than forty-five (45) days from the date the Commission first met, unless otherwise agreed upon between the Parties. MERCOSUR-CHILE Article 46: The
administration and evaluation of this Agreement shall be conducted by an
Administrative Commission consisting of MERCOSUR’s Common Market Group and
the General Division of International Economic Relations of the Ministry
of Foreign Affairs of Chile. Article 47: The Administrative Commission shall have the following attributes:
…
Annex 14 Article 5 Where no mutually satisfactory settlement could be achieved within the timeframe indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission convene to consider the matter. Article 6 The Party requesting a Commission meeting shall state in its writing the reasons for its request; the Party shall also indicate the provisions of the Agreement or additional instruments that it considers relevant. The Commission shall evaluate the situation and provide the Parties with an opportunity to make representations and, if deemed necessary, collect technical information on the matter. The Commission shall convene within fifteen (15) days following the date the request was received. The procedure may not take more than forty-five (45) days from the date the Commission first met, unless otherwise agreed upon between the Parties. ARGENTINA-CHILE Second Additional Protocol Article 4 1. Should no agreement be reached during direct negotiations or should the dispute be settled only partially, any of the parties to said dispute may submit it for consideration by the Council. 2. Intervention of the Council shall be requested through the national coordinating agency, in which case the Council shall hold a special meeting no less than 10 days after receiving the application. 3. The Council shall assess the situation, giving the parties to the dispute the opportunity to express their respective positions and requesting advisory assistance from experts selected from a list, when it deems necessary. 4. To draw up the list of experts, each of the signatory countries shall appoint, within three months of the date of this Resolution, six persons with recognized expertise in the areas subject to dispute. 5. The cost of this advisory assistance shall be defrayed equally by the parties to the dispute, or in proportion as determined by the Council. Article 5 The Council shall make recommendations to the countries party to the dispute with a view to its settlement. Article 6 The duration of the procedure described in this Chapter may not exceed sixty (60) days from the date on which the dispute was submitted for consideration by the Council. ARGENTINA-VENEZUELA Article 18. For the administration and
development of this Agreement, the signatory countries agree to create the
Economic Complementarity Council (THE COUNCIL) consisting of
representatives from both countries. Article 19. THE COUNCIL should be established within the sixty (60) days following the date of execution of this Agreement. THE COUNCIL shall define its own rules of procedure. Article 21. … BOLIVIA-CHILE Article 21
Article 27. …In case the petitioned
signatory country fails to respond within the time indicated or that its
response does not satisfy the affected signatory country, direct
negotiation procedures shall be instituted, immediately, through the
competent national agencies referred to in Article 23 or before the
Administrative Commission, at the election of the affected signatory
country. BOLIVIA- MEXICO Article 18-01: Administrative Commission 1. The Parties establish an Administrative Commission consisting of the officials referred to in Annex 1 to this Article or the individuals they may appoint to that effect. 2. The Commission shall have the following functions:
Article 19-05: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter fail to be resolved pursuant to Article 19-04 within forty-five days of delivery of a request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 4-21(5) (Technical Consultations) and 13-19(4) (Technical Consultations). 3. The Party that has initiated the proceeding shall state in its request the measure or other matter complained of and shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its National Section of the Secretariat and to the other Party. 4. The Commission shall meet within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, 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; c. make recommendations. BRAZIL-PERU Annex IV
CANADA-CHILE Article N-01: The Free Trade Commission 1. The Parties hereby establish the Free Trade Commission, comprising cabinet-level representatives of the Parties or their designees. 2. The Commission shall:
3. The Commission may:
4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by mutual agreement. 5. The Commission shall convene at least once a year in regular session. Regular sessions of the Commission shall be chaired alternately by each Party. Article N-07: Commission - Good Offices, Conciliation and Mediation 1. If the Parties fail to resolve a matter pursuant to Article N-06 within:
either Party may request in writing a meeting of the Commission. 2. A Party may also request in writing a meeting of the Commission where:
3. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its Section of the Secretariat and the other Party. 4. Unless it decides otherwise, the Commission shall convene within 10 days of delivery of the request and shall endeavour to resolve the dispute promptly. 5. The Commission may:
as may assist the Parties to reach a mutually satisfactory resolution of the dispute. 6. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly. CHILE-COLOMBIA Article 32….
Article 33 …. The Commission shall have the following attributes: …
CHILE-ECUADOR Article 32….
Article 33 …. The Committee shall have the following attributes: …
CHILE- MEXICO Article 33 ….
Article 34 … In order to achieve the best functioning of this Agreement, the signatory countries agree to form an Administrative Committee. … The Committee shall have the following attributes:
Free Trade Agreement Article 17-01: Free Trade Commission 1. The Parties hereby establish the Free Trade Commission, composed of the officials referred to in Annex 17-01(1) or by such persons as the latter may designate. 2. The Commission shall have the following functions:
…
…
… Article 18-05: Intervention of the Commission, good offices, conciliation, and mediation 1. Either Party may request in writing a meeting of the Commission, if a matter has not been resolved pursuant to article 18.04 within a period of:
2. A Party may also request in writing a meeting of the Commission where:
3. The Party initiating the procedure shall state in the request the measure or other matter complained of, indicate the provisions of this Treaty that it considers relevant, and shall deliver the request to its section of the Secretariat and the other Party. 4. Unless it decides otherwise, the Commission shall meet within 10 days of delivery of the request and, with a view to reaching a mutually satisfactory settlement to the dispute, may:
5. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly. CHILE- PERU Annex 8 Article 5 Should a mutually satisfactory settlement not be reached within the time indicated in Article 4 or should the dispute be settled only partially, any signatory country, through its competent national agency, may request in writing that the Administrative Commission meet to discuss the matter. Article 6 The signatory country that requests a meeting of the Administrative Commission shall state the reasons in its petition and shall indicate the provisions of the Agreement it considers relevant. The Administrative Commission shall evaluate the situation, giving the signatory countries the opportunity to state their positions and requesting, if it considers it necessary, technical information on the case. The Administrative Commission shall meet within the fifteen (15) days following receipt of the request for the meeting, and the duration of the procedure may not exceed fifteen (15) consecutive days from the date on which the Administrative Commission met, unless otherwise agreed by the signatory countries. CHILE-VENEZUELA Article 31….
Article 33 …. The Commission shall have the following attributes: …
COLOMBIA-HONDURAS Article 20. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COLOMBIA-NICARAGUA Article 19. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COSTA RICA - COLOMBIA Article 18. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement COSTA RICA - MEXICO Article 16-01: Administrative Commission … 2. The Commission shall have the following functions:
….
3. The Commission may:
… Article 17-04: Perishable Goods In any dispute regarding perishable goods, the Parties, the Commission, and the arbitral tribunal referred to in Article 17-07 shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this chapter. … Article 17-06: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter not be resolved pursuant to Article 17-05 within forty-five days after the delivery of the request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 4-25 (Dispute Settlement), 5-25 (Referral to the Committee on Rules of Origin), and 11-20 (Technical Consultations). 3. The Party shall state in the request the measure or other matter complained of, shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its national section of the Secretariat and the other Party. 4. The Commission shall convene within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, may:
EL SALVADOR-COLOMBIA Article 19. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement GUATEMALA-COLOMBIA Article 19. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement MEXICO -NICARAGUA Article 19-01: Administrative Commission … 2. The Commission shall have the following attributes:
3. The Commission may:
… Article 20-04: Perishable Goods In matters regarding perishable goods, the Parties, the Commission, and the arbitral tribunal shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this chapter. … Article 20.06: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter not be resolved pursuant to Article 20-05 within a period of forty-five days after the delivery of the request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 5-14 and 14.18. 3. The Party that initiates the proceeding shall state in the request the measure or other matter complained of, shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its Secretariat and the other Party. 4. The Commission shall convene within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, may:
PANAMA-COLOMBIA Article 32. Disputes that may arise in the execution
of this Agreement shall be settled by means of direct consultations
between the coordinating entities of the Parties. Article 35. In order to administer and develop this
Agreement, the Parties agree to establish an Administrative Council,
called the Council, which shall be comprised of representatives of the
public and private sectors designated by the respective Governments. Article 36. …. The Council shall issue its own rules of procedure. PANAMA-COSTA RICA Article 23 This Treaty and any rules derived therefrom shall be administered by a Joint Standing Commission made up of the Ministers of Industry and Commerce or their representatives and any advisors from the public and private sectors that the Contracting Parties may name. Decisions of this Commission shall be binding on the Signatory States. Article 24 The Joint Standing Commission shall have the following attributes:
Rules Article 16: The Joint Standing Commission shall be
composed of the Minister of the Economy and Commerce of Costa Rica and the
Minister of Commerce and Industry of Panama or their respective
representatives, and any advisors from the public and private sectors that
the Contracting Parties may name. Article 17: The Joint Standing Commission shall have the following attributes: ….
Article 27: Any differences and disputes between the
parties regarding the interpretation or application of the Treaty and
Rules shall be resolved initially through direct settlement between the
Administrative Authorities. Article 29: The Administrative Authority to whom the
request is made, shall attend to the matter raised by its counterpart and
respond within fifteen (15) calendar days counting from the date of the
written communication. Article 30: All agreements reached through direct
settlement, as well as matters pending resolution and the arguments of the
Administrative Authorities, shall be recorded in writing. Article 31: If the Joint Commission cannot reach agreement through the procedures established in these Rules, the Contracting Parties agree to appoint and accept the ruling of an Arbitration Commission that resolves definitively the differences regarding interpretation or application of the norms that regulate trade between the two countries carried out under the Treaty. PANAMA- DOMINICAN REPUBLIC Article XVI In order to coordinate the activities that shall be
developed in the execution of this Agreement, the Contracting Parties
agree to create a Permanent Mixed Commission, comprised of the Minister of
Foreign Affairs of the Dominican Republic and the Minister of Trade and
Industry of Panama, who will preside over the Committee, and advisors from
the public and private sectors that each Contracting Party shall
designate. The decisions of this Commission shall be binding to the
Signatory States. Article XVII The Permanent Mixed Commission shall have the following attributes: …
….
PANAMA-EL SALVADOR Article 18 …. In no case shall the Parties take unilateral trade-restricting trade measures without prior consultations within the Permanent Joint Commission. Regulations Article 19: The Permanent Joint Commission shall be
composed of the Minister of Foreign Trade of El Salvador and the Minister
of Trade and Industry of Panama, or their representatives, as well as
public and private sector advisors designated by each Contracting Party. Article 20: The Permanent Joint Commission shall have the following attributes: ….
Article 30: Differences and disputes arising between
the Parties from the interpretation or application of the Treaty or Rules
shall, in the first instance, be settled by the States Parties through
direct settlement between the Administrative Authorities. Article 32: The Administrative Authority to whom the
request is submitted shall attend to the matter raised by its counterpart
and respond within 15 calendar days reckoned from the date of the written
communication. Article 33: Agreements reached through direct settlement, as well as matters pending a solution and the arguments of the Administrative Authorities shall be recorded in writing. Such agreements shall contain a concise account of the facts and legal basis. Article 34: In the event that an agreement cannot be reached by the Joint Commission through the procedure set forth in these Rules, the Contracting Parties undertake to appoint and accept the ruling of an Arbitration Commission definitively resolving the differences of interpretation or application of provisions governing trade between the two countries under the Treaty. PANAMA-GUATEMALA Article 21 This Treaty and any rules derived therefrom shall be administered by a Joint Standing Commission made up of the Ministers of the Economy and of Industry and Commerce or their representatives and any advisors from the public and private sectors that the Contracting Parties may name. Decisions of the Joint Commission shall be binding on the Signatory States. Article 22 The Joint Standing Commission shall have the following attributes: ….
Rules Article 19: The Joint Standing Commission shall be
composed of the Minister of the Economy of Guatemala and the Minister of
Commerce and Industry of Panama or their respective representatives, and
any advisors from the public and private sectors that the Contracting
Parties may name. Article 20: The Joint Standing Commission shall have
the following attributes:
Article 31: Any differences and disputes between the
parties regarding the interpretation or application of the Treaty and
Rules shall initially be resolved by direct settlement between the
Administrative Authorities. Article 33: The Administrative Authority to whom the
request is made, shall attend to the matter raised by its counterpart and
respond within twenty (20) calendar days counting from the date of the
written communication. Article 34: All agreements reached through direct
settlement by of the Administrative Authorities, as well as matters
pending resolution and the arguments of the Administrative Authorities,
shall be recorded in writing. Article 35: If the Joint Commission cannot reach agreement through the procedure established in these Rules, the Contracting Parties agree to appoint and accept the ruling of an Arbitration Commission for final resolution of the differences regarding interpretation or application of the norms regulating trade carried out between them under the Treaty and these Rules. PANAMA-HONDURAS Article 23 This Agreement and the rules thereof shall be administered by a Joint Standing Commission consisting of the Minister of Economy of Honduras and the Minister of Commerce and Industry of Panama or their representatives, as well as such advisors from the public, private, business and labor sectors as each Contracting Party may appoint, and the Commission’s decisions shall be binding to the Signatories. Article 24 The Joint Standing Commission shall have the
following attributes:
PANAMA- MEXICO Article 25 The administration of this Agreement shall be the responsibility of the Sub-Commission on Trade, which was established as part of the Standing Mixed Commission on Economic Cooperation between Panama and Mexico chaired by representatives of the Ministry of Trade and Industry of the Republic of Panama and of the Ministry of Trade and Industrial Development of Mexico. The Sub-Commission shall have, inter alia, the following attributes:
… PANAMA-NICARAGUA Article 23 This Treaty and rules derived therefrom shall be administered by a Joint Standing Commission made up of the Ministers of Industry and Commerce and of the Economy, Industry and Commerce, or their representatives and any advisors from the public and private sectors that the Contracting Parties may name. Decisions of this Commission shall be binding on the Signatory States. Article 24 The Joint Standing Commission shall have the following attributes: …
Rules Article 15: The Joint Standing Commission shall be
composed of the Minister of Commerce and Industry of Panama and the
Minister of the Economy, Industry and Commerce of Nicaragua, or their
respective representatives, and any advisors from the public and private
sectors that the Contracting Parties may name. All members of the
Commission must be duly accredited. Article 16: The Joint Standing Commission shall have the following attributes: ….
Article 21: The decisions and agreements of the Commission shall be taken by mutual agreement of the Ministers or their representatives. Such decisions and agreements are binding on the Signatory States and will take effect as of an exchange of notes between the Ministries of Foreign Affairs when so stipulated by the Treaty. When not so stipulated, they will enter into force on the date set by the Joint Standing Commission. Article 26: Any differences and disputes that arise
between the parties regarding the interpretation or application of the
Treaty and the Rules, as well as competition problems facing an enterprise
or branch of industry, may be resolved by direct settlement between the
Administrative Authorities. Article 28: The Administrative Authority to whom the
request is made must attend to the matter raised by its counterpart and
respond within fifteen (15) calendar days from the date of the written
communication. Article 29: All agreements reached through direct
settlement, as well as matters pending resolution and the arguments of the
Administrative Authorities, shall be recorded in writing. Article 30: If the Joint Commission cannot reach agreement through the procedures established in these Rules, the Contracting Parties agree to appoint and accept the ruling of an Arbitration Commission for final resolution of the differences regarding interpretation or application of the norms regulating trade carried out between them under the Treaty.
ALADI (LAIA) Article 35 Article 36 Resolution 114 Single Article 5. The Committee of Representatives shall propose to the countries directly involved in the dispute, 15 days after the matter was submitted to its consideration, the formulas deemed most appropriate for settling the dispute. CARICOM Annex: Article 11 - Disputes Procedure Within the Common Market 3. If in pursuance of the foregoing provisions of this Article the Council or the Tribunal, as the case may be, finds that any benefit conferred on a Member State by this Annex or any objective of the Common Market is being or may be frustrated, the Council may, by majority vote, make to the Member State concerned such recommendations as it considers appropriate. 4. If a Member State to which a recommendation is made under paragraph 3 of this Article does not or is unable to comply with such recommendation the Council may, by majority vote, authorise any Member State to suspend to the Member State which has not complied with the recommendation the application of such obligations under this Annex as the Council considers appropriate. 5. Any Member State may at any time while any matter is under consideration under this Article request the Council to authorise, as a matter of urgency, interim measures to safeguard its position. If the matter is being considered by the Tribunal such request shall be referred by the Council to the Tribunal for its recommendation. If it is found by a majority vote of the Council that the circumstances are sufficiently serious to justify interim action, and without prejudice to any action which it may subsequently take in accordance with the preceding paragraphs of this Article, the Council may, by majority vote, authorise a Member State to suspend its obligations under this Annex to such an extent and for such period as the Council considers appropriate. Protocol Amending the Treaty Article III
Article 6 1. The principal Organs of the Community are:
Article IV
Article 7 1. The Conference shall consist of the Heads of
Government of Member States. Article V Article 7(a) Article VI Article 8 Article VII Article 9 Article VIII Article 10 The Legal Affairs Committee shall consist of the
Ministers Responsible for Legal Affairs or Attorneys-General of Member
States, or both, and shall be responsible for providing the Organs and
Bodies, either on request or on its own initiative, with advice on
treaties, international legal issues, the harmonisation of laws of the
Community and other legal matters. Article XI Chapter Three: Community Decision-Making Article 17: Common Voting Procedures in Community Organs 4. Subject to the agreement of the Conference, a
Member State may opt out of obligations arising from the decisions of
competent Organs provided that the fundamental objectives of the
Community, as laid down in the Treaty, are not prejudiced thereby. Article 18: Voting in the Conference 1. Save as otherwise provided in this Treaty and subject to paragraph 2 of this Article and the relevant provisions of Article 17, the Conference shall take decisions by an affirmative vote of all its members and such decisions shall be binding. 2. For the purpose of this Article abstentions shall not be construed as impairing the validity of decisions of the Conference provided that Member States constituting three-quarters of the membership of the Community, vote in favour of such decisions. 3. Omission by a Member State to participate in the vote shall be deemed an abstention within the meaning of paragraph 2 of this Article. 4. Parties to a dispute or against which sanctions are being considered shall not have the right to vote on the issue falling to be determined. Article 19: Voting in the Community Council and Ministerial Councils 1. Save as otherwise provided in this Treaty and subject to the provisions of this Article and Article 17, the Ministerial Councils shall take decisions by a qualified majority vote. 2. For the purposes of paragraph 1 of this Article a qualified majority vote means an affirmative vote of Member States comprising no less than three-quarters of the membership of the Community. 3. Where issues have been determined to be of critical importance to the national well-being of a Member State, in accordance with paragraph 4 of this Article, such decisions shall be reached by an affirmative vote of all Member States. 4. Decisions that an issue is of critical importance to the national well-being of a Member State shall be reached by a two-thirds majority of Member States. 5. For the purposes of paragraph 3 of this Article abstentions shall not be construed as impairing the validity of decisions required to be reached by unanimity provided that Member States constituting not less than three-quarters of the membership of the Community vote in favour of such decisions. GROUP OF THREE Article 19-18: Interpretation by the Commission. 1. The Commission shall endeavor to provide an interpretation or appropriate response as quickly as possible when:
Article 20-01: The Administrative Commission. 1. The Parties hereby establish the Administrative Commission composed of the heads of the respective responsible national bodies listed in Annex 1 to this Treaty, or of the persons designated by them. 2. The Commission shall:
3. The Commission shall be able to:
NAFTA Article 2001: The Free Trade Commission 1. The Parties hereby establish the Free Trade Commission, comprising cabinet-level representatives of the Parties or their designees. 2. The Commission shall:
3. The Commission may:
4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by consensus, except as the Commission may otherwise agree. 5. The Commission shall convene at least once a year in regular session. Regular sessions of the Commission shall be chaired successively by each Party. TRIPARTITE TREATY Article XXIX. Disputes that may arise on the interpretation or application of any of the clauses of this Treaty shall be submitted for consideration by the Executive Council, which will decide the matter. If any of the Parties is not satisfied with the Council's decision, it may appeal to the Steering Committee. If it finds the decision of the Committee unacceptable, it may submit the matter to an arbitration tribunal … . CARICOM-COLOMBIA Article 2: The Joint Council 1. A CARICOM-Colombia Joint Council on Trade, Economic and Business Cooperation (hereinafter called the Joint Council) is hereby established and shall be responsible for the administration of this Agreement. 2. The Joint Council shall consist of representatives of Colombia and CARICOM. 3. The functions of the Joint Council shall be:
4. The decisions of the Joint Council shall have the status of recommendations to the Parties. Article 3: Meetings of the Joint Council 5. The Joint Council …may create subsidiary bodies to assist it in the execution of its functions. Article 21: Settlement of Disputes 1. Any dispute which may arise between the Parties concerning the interpretation, application, execution or breach of the provisions of this Agreement may, if the dispute is not resolved by the Parties, be referred by either Party to the Joint Council for its consideration and recommendations. 2. In the exercise of its powers under this Article, the Joint Council shall define guidelines and mechanisms for the settlement of disputes within six (6) months after the entry into force of this Agreement. Such mechanisms may be negotiation, mediation, conciliation and the formulation of recommendations by groups of experts. 3. The recommendations of the Joint Council or any group of experts nominated by the Joint Council with respect to the settlement of disputes shall not be binding. CARICOM-VENEZUELA Article 2: The Joint Council 1. The CARICOM/Venezuela Joint Council on Trade and Investment (The Joint Council) established by the Principles for a Multilateral Agreement between Venezuela and CARICOM shall be responsible for the administration of this Agreement. 2. The Joint Council consists of representatives of Venezuela and CARICOM. 3. The functions of the Joint Council shall be:
4. The decisions of the Joint Council shall have the status of recommendations to the Parties to this Agreement. Article 3: Meetings of the Joint Council … 5. The Council ….may establish subsidiary bodies to assist it in the execution of its functions. Article 17: Settlement of Disputes 1. The Joint Council is the body responsible for the resolution of disputes which may arise with regard to the interpretation, application, execution or failure to comply with the provisions of this Agreement. 2. In the implementation of its powers under this Article, the Joint Council shall define guidelines and mechanism for the settlement of disputes not later than six months after the entry into force of this Agreement. Such mechanisms may include negotiations, enquiry, mediation, concilation and arbitration. CENTRAL AMERICA-DOMINICAN REPUBLIC Article 16.07: Intervention by the Council, good offices, conciliation, and mediation 1. Any Consulting Party may request the Council in writing, through its National Section of the Secretariat, to meet should a matter fail to be resolved pursuant to the previous article within thirty days after the delivery of a request for consultations. The request must be notified to all Parties. 2. A Party may also request in writing a meeting of the Council where technical consultations have been held pursuant to the provisions of Articles 6.04 and 13.12. 3. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Treaty that it considers relevant. 4. The Council shall meet within ten days following the filing of the request and may, with the aim of reaching a mutually satisfactory resolution of the dispute:
5. The Council may consolidate, ex oficio or at the request of a Party, the dispute settlement proceedings contained in this Article, should it receive two or more requests to consider matters regarding the same measure or different matters that would be appropriate to examine jointly. Article 18.01: Joint Administration Council … 2. The Council shall fulfil the following duties:
…
… 3. The Council may:
Annex I to Article 18.01: Council Officials The officials referred to in Article 18.01 are: In the case of Costa Rica, the Minister of Foreign
Trade or his successor; MERCOSUR-BOLIVIA Article 39. The administration and evaluation of this Agreement shall be conducted by an Administrative Commission consisting of MERCOSUR's Common Market Group, for one Contracting Party, and the National Secretariat of International Economic Affairs of the Ministry of Foreign Affairs and Cult of Bolivia, for the other Contracting Party. … 1. The Delegations of both Contracting Parties shall be presided over by the representative which each one assigns. 2. The Administrative Commission shall meet in regular session once a year, at a venue and date determined by mutual agreement and, in extraordinary session when the Contracting Parties, after consultations, so agree. 3. The Administrative Commission shall adopt its decision through agreement of the Contracting Parties. Article 40. The Administrative Commission shall have the following attributes: 1. Ensure the enforcement of the provisions of this
Agreement and its Additional Protocols and Annexes. Annex 11 Article 5 Where no mutually satisfactory settlement could be achieved within the timeframe indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission convene to consider the matter. Article 6 The Party requesting a Commission meeting shall state in its writing the reasons for its request; the Party shall also indicate the provisions of the Agreement or additional instruments that it considers relevant. The Commission shall evaluate the situation and provide the Parties with an opportunity to make representations and, if deemed necessary, collect technical information on the matter. The Commission shall convene within fifteen (15) days following the date the request was received. The procedure may not take more than forty-five (45) days from the date the Commission first met, unless otherwise agreed upon between the Parties. MERCOSUR-CHILE Article 46: The administration and evaluation of this Agreement shall be conducted by an Administrative Commission consisting of MERCOSUR’s Common Market Group and the General Division of International Economic Relations of the Ministry of Foreign Affairs of Chile. … The Commission shall adopt all decisions by consensus among the Parties. Article 47: The Administrative Commission shall have the following attributes:
…
Annex 14 Article 5 Where no mutually satisfactory settlement could be achieved within the timeframe indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission convene to consider the matter. Article 6 The Party requesting a Commission meeting shall state in its writing the reasons for its request; the Party shall also indicate the provisions of the Agreement or additional instruments that it considers relevant. The Commission shall evaluate the situation and provide the Parties with an opportunity to make representations and, if deemed necessary, collect technical information on the matter. The Commission shall convene within fifteen (15) days following the date the request was received. The procedure may not take more than forty-five (45) days from the date the Commission first met, unless otherwise agreed upon between the Parties. ARGENTINA-VENEZUELA Article 18. For the administration and development of this Agreement, the signatory countries agree to create the Economic Complementarity Council (THE COUNCIL) consisting of representatives from both countries. On behalf of the Republic of Argentina, it will be coordinated by the Ministerio de Relaciones Exteriores y Culto (Ministry of Foreign Affairs and Cult). On behalf of the Republic of Venezuela, it will be coordinated by the Instituto de Comercio Exterior (Institute of Foreign Trade). THE COUNCIL may establish those Working Groups it sees fit to fulfil its duties. Article 19…THE COUNCIL shall define its own rules of procedure. Article 21. … . In the event that no settlement is reached within thirty (30) days of notification of the dispute, subject to extension by mutual agreement, the signatory countries shall refer it to THE COUNCIL envisaged in Article 18. After assessing the situation, THE COUNCIL shall make the relevant recommendations for settlement of the dispute within sixty (60) days. To that end, THE COUNCIL may establish or convene panels of experts or groups of experts to provide technical advisory assistance. Furthermore, THE COUNCIL shall approve a final dispute settlement regime within six (6) months from its inception. BOLIVIA-CHILE Article 20 The administration of this Agreement shall be entrusted to a Commission comprising high-level government representatives of the signatory countries. Article 21 The Administrative Commission shall have the following powers, attributes, and functions:
… Article 27 … To better acquit its task, the Administrative Commission may request technical opinions from individual specialists or independent specialized agencies, which it shall take into consideration as additional elements of the case.
BOLIVIA-MEXICO Article 18-01: Administrative Commission 1. The Parties establish an Administrative Commission consisting of the officials referred to in Annex 1 to this Article or the individuals they may appoint to that effect. 2. The Commission shall have the following functions:
Annex I to Article 18-01: Officials of the Administration Commission The officials referred to in Article 18-01 are:
Article 19-05: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter fail to be resolved pursuant to Article 19-04 within forty-five days of delivery of a request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 4-21(5) (Technical Consultations) and 13-19(4) (Technical Consultations). 3. The Party that has initiated the proceeding shall state in its request the measure or other matter complained of and shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its National Section of the Secretariat and to the other Party. 4. The Commission shall meet within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, may:
CANADA-CHILE Article N-01: The Free Trade Commission 1. The Parties hereby establish the Free Trade Commission, comprising cabinet-level representatives of the Parties or their designees. 2. The Commission shall: …
3. The Commission may:
4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by mutual agreement. 5. …. Regular sessions of the Commission shall be chaired alternately by each Party. Article N-07: Commission - Good Offices, Conciliation and Mediation …. 5.The Commission may:
as may assist the Parties to reach a mutually satisfactory resolution of the dispute. CHILE-COLOMBIA Article 32….
Article 33 To improve the operation of this Agreement, the signatory countries agree to establish an Administrative Commission, under the presidency of the Ministry of Foreign Affairs in the case of Chile, and the Ministry of External Trade in the case of Colombia, or by the persons they designate to represent them. In special cases, depending on the nature of the issues pending, the Administrative Commission may be chaired by the ministers with expertise in the particular area. This Commission shall be formed within 120 days following the entry into force of this Agreement and shall establish its own regulations. Each signatory country shall designate a competent national agency to act as the national secretariat for this Agreement. The functions of these agencies shall be established in the regulations of the Administrative Commission. The Commission shall have the following attributes: …
CHILE-ECUADOR Article 32….
Article 33. In order for this agreement to function optimally, the signatory countries agree to create an Administrative Committee, chaired by the Minister for Foreign Affairs of Chile and by the Minister for Foreign Affairs of Ecuador, or by persons whom they appoint to represent them. In special cases, according to the nature of the matters to be considered, the Administrative Committee may be chaired by the ministers with authority in the areas involved. The Committee is to be formed within thirty days after the signing of this agreement and is to establish its own rules of procedure. Each signatory country will designate an authorized national organ to act as the country’s secretariat for this agreement. The functions of these organizations will be established in the rules of procedure of the Administrative Committee. The Committee shall have the following attributes: …
CHILE-MEXICO Article 33 ….
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