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FTAA.ngds/com/23
September 12, 2003
Original: English
FTAA - NEGOTIATING GROUP ON
DISPUTE SETTLEMENT
Twenty-third Meeting
Puebla, August 18 - 22, 2003
PRESS COMMUNIQUE
1. The twenty-third meeting of the Negotiating Group on Dispute
Settlement (NGDS) was held in Puebla, Mexico from August 18 to 22, 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, Guatemala, Mexico, Nicaragua, Panama, Peru, St. Vincent & the
Grenadines, Trinidad & Tobago, the United States, and Uruguay.
2. The agenda adopted for the meeting is attached
as an annex. All the items on the agenda were considered.
3. The NGDS took note that at its meeting in San Salvador on July 8-11, 2003,
the Trade Negotiations Committee (TNC) decided to provide the Group’s
recommendations and report on incorporation by reference to negotiating groups
for drafting guidance (see FTAA.TNC/23, para. 6, which is posted at
http://www.ftaa-alca.org/TNC/tnc23_e.asp).
4. The Group focused its attention on the draft chapter on dispute settlement
with a view to achieving consensus on the greatest possible number of issues
still pending. The NGDS also reviewed new proposals submitted relating to
transparency of the dispute settlement system under the FTAA.
5. The Group noted 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.
6. 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
7. The date of the next (twenty-fourth) meeting of the NGDS is scheduled for
September 22-24, 2003 in Puebla. At that time, the Group will finalize its
report to the Trade Negotiations Committee on the Group’s activities since the
Quito Ministerial meeting, attaching the latest version of the draft dispute
settlement chapter.
FTAA - NEGOTIATING GROUP ON DISPUTE SETTLEMENT
Twenty-third Meeting
Puebla, August 18 - 22, 2003
AGENDA
1. Approval of agenda
2. Report by the NGDS Chair on the meeting of the Trade Negotiations Committee
(TNC) in San Salvador, El Salvador, July 8-11, 2003
3. Discussion of the mandate to NGDS from the TNC regarding transparency and
incorporation by reference (FTAA.TNC/23, para 6)
4. Discussion of the draft chapter on dispute settlement in template format
(FTAA.TNC/23)
5. Presentation of proposals
6. Consideration of the draft chapter on dispute settlement with a view to
achieving consensus on the greatest possible number of issues still pending and
in particular in relation to:
Consultations:
Article 8
Neutral Panels:
Article 10. Establishment of a Neutral Panel
Article 11. Roster of Panelists
Article 12. Composition of the Neutral Panel
Article 13. Challenge and Removal
Article 14. Jurisdiction of the Neutral Panel
Article 15. Terms of Reference of the Neutral Panel
Appellate Body:
Article 27. Appellate Body
Article 28. Constitution of the Appellate Body
Article 29. Appeal Procedure
Article 30. Procedures for Appellate Review
Article 31. Decisions of the Appellate Body
Implementation:
Article 32. Recourse to Clarification
Article 33. Nature of the Final Report
Article 34. Implementation of the Final Report
Article 35. Failure To Compensate
Article 36. Suspension of Benefits or Other Obligations
Article 37. Monetary Assessments
Article 38. Compliance Review
Article 39. Five-Year Review
Confidentiality/Transparency:
Article 23. Public Participation
Article 41. [Confidentiality] [Transparency]
Rules:
Article 17. [Model] Rules of Procedure
Annex 1. Rules of Procedure to Article 17 ([Model] Rules of Procedure)
Annex 2. Code of Conduct
Third Parties:
Article 19
Nullification or Impairment:
Article 16. Non-Violation Nullification or Impairment
7. Relationship with other FTAA entities
* TCI (possible further submission by NGDS on institutions that will need to be
established to adequately implement the dispute settlement mechanisms
established in the FTAA)
* Consultative Group on Smaller Economies
* Other 8. Contributions from Civil Society
9. Discussion on how to design mechanisms to facilitate and promote the use of
arbitration and other alternative dispute resolution methods to settle private
disputes
10. Preparation of the draft (Fourth) Report of the NGDS to the TNC, including
identification of areas in which guidance from the TNC and/or Ministers is
needed to improve the work of the Group in the future.
11. Other
- Consideration of “Costs of the WTO Dispute Settlement System”
- Preparation of NGDS work after the Miami Ministerial
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