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Public
FTAA.ngds/com/19
February 13, 2003

Original: English

FTAA - NEGOTIATING GROUP ON DISPUTE SETTLEMENT

Nineteenth Meeting

Panama, February 3 - 5, 2003

PRESS COMMUNIQUE

1. The nineteenth meeting of the Negotiating Group on Dispute Settlement (NGDS) was held in Panama from February 3-5, 2003. Ms. Meg Kinnear chaired the meeting. Mr. Federico Gajardo served as Vice-Chair. In attendance were representatives of the following eighteen (18) countries of the hemisphere: Argentina, Bahamas, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Trinidad & Tobago, and the United States.

2. The adopted agenda for the meeting is attached as an annex.

3. All the items on the agenda were considered. The NGDS focused its work on the third item of the agenda, consideration of the draft chapter on dispute settlement with a view to achieving consensus on the greatest possible number of issues. The NGDS reviewed Arts. 1-10 of the draft chapter and will revert to the remaining provisions listed on the agenda at its next meeting.

4. Information provided by twenty (20) countries on their respective national laws on arbitration and/or institutions, is posted on the FTAA web page on private commercial arbitration at http://www.ftaa-alca.org/busfac/canale.asp

5. The date of the next (twentieth) meeting of the NGDS is April 28-30, 2003 in the city of Puebla, Mexico.
 



FTAA - NEGOTIATING GROUP ON DISPUTE SETTLEMENT

Nineteenth Meeting

Panama, February 3 - 5, 2003

AGENDA

1. Presentation of proposals

2. 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:

[Article 1. Definitions]
Article 2. Scope of Application
Article 3. Cooperation
Article 4. General Provisions
[Article 5. Differential Treatment]
Article 6. Choice of Forum
Article 7. Consultations
Article 8. Cases Involving Perishable [and Seasonal] Goods
[Article 9. Consolidation of Procedures]
[Article 10. Good Offices, Conciliation and Mediation]
Article 11. Establishment of a Neutral Panel
Article 12. Roster of Panelists
Article 13. Composition of the Neutral Panel
[Article 14. Challenge and Removal]
Article 15. Terms of Reference of the Neutral Panel
Article 16. Model Rules of Procedure
[Article 17. Procedures for Multiple Complainants]
[Article 18. Multiple Parties Complained Against]
[Article 19. Third Parties]
Article 20. Expert Advice
[Article 21. Provisional Measures]
[Article 39. [Confidentiality] [Transparency]]
[Article 41. Special Procedures Involving Member States with Different Level of Development]
[Article 42. Effective Access]
3. Relationship with other FTAA entities
* TCI
* Consultative Group on Smaller Economies
* Other

4. Contributions from Civil Society

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

6. Other

 
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