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FTAA.ngds/com/14
January 15, 2002
Original: English – Spanish
Translation: non FTAA Secretariat
FTAA - NEGOTIATING GROUP ON
DISPUTE SETTLEMENT
Fourteenth Meeting
Panama, December 3 – 4, 2001
PRESS COMMUNIQUE
- The Fourteenth Meeting of the Negotiating Group on Dispute Settlement was
held in Panama on December 3-4, 2001. Representatives from twenty (20) countries
of the Hemisphere were in attendance: Argentina, Bolivia, Brazil, Canada, Chile,
Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras,
Mexico, Nicaragua, Panama, Paraguay, Peru, Trinidad & Tobago, United States,
Uruguay, and Venezuela.
- The agenda for the meeting that was adopted is attached as
annex.
- All the items on the agenda were considered during the meeting. The NGDS
advanced in its work of eliminating brackets and consolidating text in the draft
chapter on dispute settlement to the maximum extent possible.
- The date of the next meeting of the NGDS has been scheduled for February
25-27, 2002.
FTAA - NEGOTIATING GROUP ON DISPUTE SETTLEMENT
Fourteenth Meeting
Panama, December 3 – 4, 2001
AGENDA
- Approval of the agenda.
- Presentation of proposals, in particular on the NGDS input to the Technical
Committee on Institutional Issues
- Elimination of brackets in the draft chapter on dispute settlement, to
the maximum extent possible
Article 38. Clarification or Interpretation of the Final Report
Article 39. Implementation of the Final Report
Article 40. Appellate Body
Article 41. Constitution of the Appellate Body
Article 42. Appeal Procedure
Article 43. Adoption of the Decision of the Appellate Body
Article 44. Procedures for Appellate Review
Article 45. Nature of Final Decision
Article 46. Non-implementation of the Final Report and Suspension of
Benefits or Other Obligations
Article 47. Damages
Article 48. Strengthening of the FTAA Agreement
Article 49. Responsibility or Compensation
Article 50. [Confidentiality] [Transparency]
Article 51. Calculation of Time Periods
Article 52. Special Procedures Involving Member States with Different Level
of Development
Article 53. Effective Access
Article 54. Interpretation of the FTAA Agreement in Judicial or
Administrative Proceedings
Article 55. Private Rights
Article 56. Alternative Dispute Resolution Between Private Parties
Annex XX. Nullification and Impairment
Annex XX. Supplementary Rules of Procedure to Article XX (Rules of
Procedure)
Annex XX. Preliminary Proceedings
Annex XX. Remuneration and Payment of Expenses
Article 1. Definitions
- Relationship with other FTAA entities
- Discussion on how to design mechanisms to facilitate and promote the use
of arbitration and other alternative dispute resolution methods
- Other
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