|
Public
FTAA.ngds/com/20
May 14, 2003
Original: English
FTAA - NEGOTIATING GROUP ON
DISPUTE SETTLEMENT
Twentieth Meeting
Puebla, April 28 - 30, 2003
PRESS COMMUNIQUE
1. The twentienth meeting of the Negotiating Group on Dispute
Settlement (NGDS) was held in the city of Puebla, Mexico from April 28 to 30,
2003. Ms. Meg Kinnear chaired the meeting. Mr. Federico Gajardo served as Vice
Chair. In attendance were representatives of the following seventeen (17)
countries of the hemisphere: Argentina, Brazil, Canada, Chile, Colombia, Costa
Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua,
Panama, Paraguay, Peru, Trinidad & Tobago, and the United States.
2. The adopted agenda for the meeting is attached as annex. All the items on the
agenda were considered.
3. The NGDS discussed its new mandate received from the Trade Negotiations
Committee (TNC); namely, “to review incorporation by reference of WTO
provisions, including the definition and legal effects of ‘incorporation by
reference’ and make a recommendation to the TNC at its next meeting about the
implications of using this drafting device and possible language for its use.”
This mandate and other guidelines issued by the TNC following its meeting in
Puebla on April 8-10, 2003, are posted at
http://www.ftaa-alca.org/tn22e.doc
4. The NGDS focused its work on the fourth 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. 11-25 and 37 of
the draft chapter and will revert to the remaining provisions listed on the
agenda at its next meeting.
5. The Group took note of recent contributions received from civil society in
response to the open invitation to civil society.
6. Information provided by twenty (20) countries on their respective national
laws on arbitration and/or institutions, 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
7. The date of the next (twenty-first) meeting of the NGDS is scheduled for May
26-28, 2003 in Puebla.
FTAA - NEGOTIATING GROUP ON DISPUTE SETTLEMENT
Twentieth Meeting
Puebla, April 28 - 30, 2003
AGENDA
1. Approval of agenda
2. Report by the NGDS Chair on the meeting of the Trade Negotiations
Committee in Puebla
3. Presentation of proposals, in particular in relation to the issues
discussed at the nineteenth meeting or to be discussed at this twentieth
meeting
4. 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 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]
[Article 22. Initial Report]
[Article 23. Jurisdiction of the Neutral Panel]
[Article 24. Withdrawal or Settlement]
[Article 25. Final Report]
[Article 26. Recourse to Clarification [or Interpretation]]
[Article 27. Implementation of the Final Report]
[Article 28. Determination of Compliance]
[Article 34. Nature of Final Decision]
[Article 35. [Non-Implementation of the Final Report,] Compensation and
Suspension of Benefits]
[Article 36. Damages]
[Article 37. Arbitration]
[Article 38. Strengthening of the FTAA Agreement]
[Article 43. Interpretation of the FTAA Agreement in Judicial or
Administrative Proceedings]
Article 44. Private Rights
[Article 45. Alternative Dispute Resolution Between Private Parties]
5. Relationship with other FTAA entities
* NGAG
* TCI
* Consultative Group on Smaller Economies
* Other 6. Contributions from Civil Society
7. Discussion on how to design mechanisms to facilitate and promote the use
of arbitration and other alternative dispute resolution methods to settle
private disputes.
8. Other |
español
