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Public
FTAA.ngds/com/21
June 4, 2003
Original: English
FTAA - NEGOTIATING GROUP ON
DISPUTE SETTLEMENT
Twenty first Meeting
Puebla, May 26 - 28, 2003
PRESS COMMUNIQUE
1. The twenty-first meeting of the Negotiating Group on Dispute
Settlement (NGDS) was held in the city of Puebla, Mexico from May 26 to 28,
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, Bahamas, Brazil, Canada, Chile,
Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, 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 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 agreed to revert to provisions
relating to compliance at its next meeting.
4. The Group took note that no contributions from civil society had been
received by the NGDS since its last meeting, in response to the open invitation
to civil society.
5. 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
6. The date of the next (twenty-second) meeting of the NGDS is scheduled for
June 25-27, 2003 in Puebla. At that time, the NGDS intends to finalize its
report to the Trade Negotiations Committee (TNC) on the Group’s activities since
the Quito Ministerial and to submit a revised version of the chapter on dispute
settlement for the TNC’s consideration and guidance. The Group also intends to
finalize a recommendation to the 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
FTAA - NEGOTIATING GROUP ON DISPUTE SETTLEMENT
Twenty-first Meeting
Puebla, May 26 - 28, 2003
AGENDA
1. Approval of agenda
2. Presentation of proposals, including on the issue of incorporation by
reference
3. 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 20. Provisional Measures]
[Article 24. Recourse to Clarification [or Interpretation]]
[Article 25. Implementation of the Final Report]
[Article 26. Determination of Compliance]
[Article 32. Nature of Final Decision]
[Article 33. [Non-Implementation of the Final Report,] Compensation and
Suspension of Benefits]
[Article 34. Damages]
[Article 36. Strengthening of the FTAA Agreement]
[Article 41. Interpretation of the FTAA Agreement in Judicial or Administrative
Proceedings]
Article 42. Private Rights
[Article 43. Alternative Dispute Resolution Between Private Parties]
[Article 27. Appellate Body]
[Article 28. Constitution of the Appellate Body]
[Article 29. Appeal Procedure]
[Article 30. Decisions of the Appellate Body]
[Article 31. Procedures for Appellate Review]
Article 39. Calculation of Time Periods
[Annex XX. Nullification and Impairment]
[Annex XX. Supplementary Rules of Procedure to Article 18 (Model Rules of
Procedure)]
[Annex XX. Remuneration and Payment of Expenses]
[Annex XX. Preliminary Proceedings]
4. Preparation of the draft (Third) Report of the NGDS to the TNC
5. Relationship with other FTAA entities
*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
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