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FTAA.ngds/com/22
July 2, 2003


Original: English

FTAA - NEGOTIATING GROUP ON DISPUTE SETTLEMENT

Twenty-second Meeting

Puebla, June 25 - 26, 2003

PRESS COMMUNIQUE

1. The twenty-second meeting of the Negotiating Group on Dispute Settlement (NGDS) was held in Puebla from June 25 to 26, 2003. Ms. Meg Kinnear chaired the meeting. Mr. Federico Gajardo served as Vice-Chair. In attendance were representatives of the following sixteen (16) countries of the hemisphere: Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Jamaica, Mexico, Panama, Paraguay, Peru, and the United States.

2. The agenda adopted for the meeting is attached as an annex. All the items on the agenda were considered.

3. The NGDS finalized its recommendation to the Trade Negotiations Committee (TNC) about the implications of using the drafting device of incorporation by reference and possible language for its use, in accordance with the mandate issued to the NGDS by the TNC following its meeting in Puebla on April 8-10, 2003, and posted at http://www.ftaa-alca.org/tn22e.doc

4. The Group continued to consider provisions of the draft chapter on dispute settlement with a view to achieving consensus on the greatest possible number of issues. Pursuant to the Quito Ministerial Declaration, the NGDS is submitting a revised version of the chapter on dispute settlement for the TNC’s consideration at its fourteenth meeting to be held in San Salvador on July 8-11, 2003.

5. The NGDS agreed to a work plan for its activities for the period July – September, 2003.

6. The Group considered the several contributions from civil society that had been received by the NGDS since its last meeting, in response to the open invitation to civil society.

7. Information provided by twenty (20) countries on their respective national laws, and/or institutions providing services, in relation to arbitration and/or other alternative dispute resolution, as well as a revised note providing the current status of signatories and ratifying states of relevant international conventions are posted on the FTAA web page on private commercial arbitration at http://www.ftaa-alca.org/busfac/canale.asp

8. The date of the next (twenty-third) meeting of the NGDS is scheduled for August 18-22, 2003 in Puebla.
 



FTAA - NEGOTIATING GROUP ON DISPUTE SETTLEMENT

Twenty-second Meeting

Puebla, June 25 - 27, 2003

AGENDA

1. Approval of agenda

2. Report by the NGDS Chair on the meeting convened by the Co-Chairs of the Trade Negotiations Committee (TNC) with the Chairs of other FTAA entities, Washington, DC, June 16, 2003

3. Finalization of recommendation by the NGDS to the TNC about the implications of using the drafting device of incorporation by reference and possible language for its use – Comments on Transparency, Confidentiality and Participation in Dispute Settlement under FTAA

4. Presentation of proposals

5. Finalization of the (Third) Draft Chapter on Dispute Settlement - consideration of the draft chapter on dispute settlement with a view to achieving consensus on the greatest possible number of issues; in particular in relation to:
Annex XX. Rules of Procedure to Article 16 (Model Rules of Procedure)
Experts
Decisions
[Annex XX. Remuneration and Payment of Expenses]
[Annex XX. Preliminary Proceedings]
[Annex XX Code of Conduct
Articles 30-34. Implementation/Non-Implementation of the Final Report &
Article 4. General Provisions, para. 22
[Annex XX. Non-Violation Nullification or Impairment], para. 209
6. Relationship with other FTAA entities
*TCI
*Consultative Group on Smaller Economies
*Other
7. Contributions from Civil Society

8. Discussion on how to design mechanisms to facilitate and promote the use of arbitration and other alternative dispute resolution methods to settle private disputes

9. Finalization of the (Third) Report of the NGDS to the TNC

10. Draft Work Plan, July-September, 2003

11. Other

 
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