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Provisions on Trade in Services in Trade and Integration Agreements in the Western Hemisphere


Part I: Sub-regional Trade and Integration Agreements
XVIII. Settlement of Disputes: A. Consultation

WTO/GATS
PART V, Article XXIII - Dispute Settlement and Enforcement
If any Member should consider that any other Member fails to carry out its obligations or specific commitments under this Agreement, it may with a view to reaching a mutually satisfactory resolution of the matter, have recourse to the Understanding on Rules and Procedures Governing the Settlement of Disputes.

If the DSB considers that the circumstances are serious enough to justify such action, it may authorize a Member or Members to suspend the application to any other Member or Members of such obligations and specific commitments in accordance with Section 22 (Compensation and the Suspension of Concessions) of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

If any Member considers that any benefit it could reasonably have expected to accrue to it under a specific commitment of another Member under Part III(Specific Commitments) of this Agreement is being nullified or impaired as a result of the application of any measure which does not conflict with the provisions of this Agreement, it may have recourse to the Understanding on Rules and Procedures Governing the Settlement of Disputes. If the measure is determined by the DSB to have nullified or impaired such a benefit, the Member affected shall be entitled to a mutually satisfactory adjustment on the basis of paragraph 2 of Article XXI, which may include the modification or withdrawal of the measure.

NAFTA
Panel Proceedings
Article 2008: Request for an Arbitral Panel

If the Commission has convened pursuant to Article 2007(4), and the matter has not been resolved within: (a) 30 days thereafter, (b) 30 days after the Commission has convened in respect to the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 2007(6), or (c) such other period as the consulting Parties may agree, any consulting Party may request in writing the establishment of an arbitral panel.

Article 2009: Roster
The Parties shall establish and maintain a roster up to 30 individuals who are willing and able to serve as panelists. The roster members shall be appointed by consensus for terms of three years, and may be reappointed.

Roster members shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability and sound judgement.

Article 2010: Qualification of Panelists
Article 2011: Panel Selection
Article 2012: Rules of Procedure

Article 2016: Initial Report
Unless the disputing Parties otherwise agree, the panel shall base its report on the submissions and arguments of the Parties and on any information before it pursuant to Article 2014 (Role of Experts) and 2015(Scientific Review Boards).
Article 2017: Final Report
The panel shall present to the disputing Parties a final report, including any separate opinions on matters not unanimously agreed, within 30 days of presentation of the initial report, unless the disputing Parties otherwise agree.

Group of Three
Article 19-07: Request for an Arbitral Panel
If the Commission has convened pursuant to Article 19-06(4), and the matter has not been resolved within: (a) 45 days thereafter or (b) 45 days after the Commission has convened in respect to the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 19-06(5), any consulting Party may request in writing the establishment of an arbitral panel.

Article 19-08: Roster
The Parties shall establish and maintain a roster up to 30 individuals who are willing and able to serve as panelists.

Roster members shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability and sound judgement.

Article 19-09: Constitution of the Arbitral Panel

Article 19-12: Rules of Procedure

Article 19-14: Preliminary Decision
Unless the disputing Parties otherwise agree, within 90 days following the nomination of the last member of the arbitral panel, which shall present to the disputing Parties a preliminary decision containing: (a) its conclusions ; (b) the determination if the measures in question is compatible with the obligations of this Treaty, and (c) the project for the resolution.
Article 19-15: Final Decision
The panel shall present to the disputing Parties a final report, including any separate opinions on matters not unanimously agreed, within 30 days of presentation of the initial report, unless the disputing Parties otherwise agree.

CACM
Chapter X: General Provisions, Article XXVI
The Signatory States agree to settle amicably, in the spirit of this Treaty, and through the Executive Council or the Central American Economic Council, as the case may be, any differences which may arise regarding the interpretation or application of any of its provisions. If agreement cannot be reached, they shall submit the matter to arbitration. For the purpose of constituting the arbitration tribunal, each Contracting Party shall propose to the General Secretariat of the Organization of Central American States the Names of three magistrates from its Supreme Court of Justice. From the complete list of candidates, the Secretary-General of the Organization of Central American States and the Government representatives in the Organization shall select, by drawing lots, one arbitrator for each Contracting Party, no two of them may be nationals of the same State. The award of the arbitration tribunal shall require the concurring votes of not less than three members, and shall have the affect of re judicature for all the Contracting Parties so far as it contains any ruling concerning the interpretation or application of the provisions of this Treaty.

CARICOM
Chapter III: Coordination and Functional Cooperation
Article 19: Settlement of Disputes

Any dispute concerning the interpretation or application of this Treaty, unless otherwise provided for and particularly in Articles 11 (Disputes Procedures within the Common Market) and 12 (Reference to Tribunal) of the Annex, shall be determined by the Conference.

Annex, Article 11
If any Member States considers that any benefit conferred upon it by this Annex or any objective of the Common Market is being or may be frustrated and if no satisfactory settlement is reached between the Member States concerned , any of those Member States may refer the matter to the Council.

The Council shall promptly make arrangements for examining the matter. Such arrangements may include a reference to a Tribunal constituted in accordance with Article 12 of this Annex.

Andean Community
Chapter IX, Article 24: Origin of Services Consultations- In the cases that a Member Country has doubts regarding the origin of a service, the Member Country may start consultations with the Member Country involved.

Panel Procedures- If the doubts on the origin of service have not been resolved within a period of maximum thirty days, any of the Parts involved may request the intervention of the General Secretariat of the Andean Community. The General Secretariat shall advance the respective investigation, and shall announce its decision in a period not exceeding thirty days, counted from the receipt of the request.

Chapter VI: Treatment of Complementary Matters
Article 17: Until communitary standards in the matter are approved, each Member Country should adopt whatever measures necessary to prevent, avoid, and sanction the practices which distort competition in trade in services in its own market, including measures that are necessary to ensure that service providers established in their territories which exhibit a dominant position in the market, do not abuse of that position.

Article 18: The Member Countries shall endeavor to ensure that the measures of promotion and development applied to the area of services do not distort the conditions of competition inside the subregional market, and shall adopt communitary standards with respect to incentives applied to the trade in services.

Central America/Dominican Republic
Chapter X, Article 10-17: Solution of Difference
Any difference which arises in virtue of the application of this Chapter shall be resolved in accordance with the provisions of Chapter XVI (Dispute Settlement).

Chapter XVI: Settlement of Dispute
Article 16-06; Consultations

1. A Party may request in writing consultations with the other Parties regarding any adopted or actual measures, or regarding any other matter that it considers might affect the operation of this Treaty.
2. The requesting Party shall deliver the request to the Commission and the other Parties.
3. The parties shall:
(a) provide sufficient information to enable a full examination of how the actual or adopted measure might affect the operation of this Treaty;
(b) treat any confidential information or information exchanged in the course of consultations in the same manner as the Party providing the information; and
(c) endeavor to avoid any request which affects disfavourablely the interests of any other Party in accordance with this Treaty.

Article 16-08: Request for an Arbitral panel:
Any consulting Party shall request in writing the establishment of an arbitral panel when the Commission has convened pursuant to Article 16-07(4) and the matter has not been resolved within: (a) 30 days thereafter; (b) 30 days after the Commission has convened and has accumulated the matter most recently referred to it, consistent with the Article 16-07.

Article 16-09: Roster
The Parties shall establish a roster of up to 30 individuals who are willing and able to serve as panelists. The roster members shall be appointed by consensus by the Parties for terms of three years, and may be reappointed.

Article 16-11: Constitution of the Arbitral Panel
Article 16-12: Rules of Procedure
Article 16-14: Preliminary Resolution

Unless the disputing Parties agree on a different deadline, the arbitral panel shall present to the disputing Parties, within 90 days following the nomination of the last member of the arbitral panel, a preliminary resolution containing: (a) its conclusions; (b) the determination if the measures in question is compatible with the obligations of this Treaty, and (c) the project for the resolution.

Article 16-15: Final Decision
The arbitral panel shall simultaneously notify the Council and the disputing Parties of its final decision, agreed upon by majority, including any separate opinions on matters not unanimously agreed upon, within 45 days of presentation of the initial report.

Mercosur
Part IV, Article XXIV: Dispute Settlement
The controversies that may arise between Parties in relation to the application, interpretation, or unenforcement of compromises established in this Protocol, shall be resolved in accordance with the resolution procedures and mechanisms in force in MERCOSUR.

Protocol of Ouro Preto, Chapter VI: Dispute Settlement
Article 43
: Disputes which arise between the States Parties concerning the interpretation, application or non-fulfilment of the provisions of the Treaty of Asuncion and the agreements concluded within its framework or of Decisions of the Council of the Common Market, Resolutions of the Common Market Group and Directives of the Mercosul Trade Commission shall be subject to the settlement procedures laid down in the Brasilia Protocol of 17 December 1991.
Sole paragraph. The Directives of the Mercosul Trade Commission are also incorporated in Articles 19 and 25 of the Brasilia Protocol.
Article 44 Before the Common External Tariff convergence process is complete, the States Parties shall review the present Mercosul dispute settlement system with a view to adopting the permanent system referred to in paragraph 3 of Annex III to the Treaty of Asuncion and Article 34 of the Brasilia Protocol.

Protocol of Brasilia, Chapter IV, Arbitral Procedure
Article 19
The Arbitral Tribunal will decide the controversy based on the dispositions of the Treaty of Asuncion, of the agreements celebrated within its framework, on the decisions of the Common Market Council, the resolutions of the Common Market Group, as well as on the principles and dispositions of international law which are applicable to the matter.
The present disposition does not restrict the ability of the Tribunal to decide any controversy ex aequo et bono [on equity], if the parties so agree.
Chapter V, Private Party Complaints, Article 25 The procedure established in the present chapter shall apply to all complaints made by private parties (whether physical persons or juridical entities) as a result of the sanction or application, by any of the State Parties, of legal or administrative measures which have a restrictive, discriminatory or unfairly competitive effect, in violation of the Treaty of Asuncion, of the agreements celebrated within its framework, the decisions of the Common Market Council or the resolutions of the Common Market Group.
Chapter VI: Final Dispositions, Article 34 The present Protocol shall remain in effect until a Permanent System for the Solution of Controversies for the Common Market, as referred to in Number 3 of Annex III to the Treaty of Asuncion, shall enter into force.

Part II, Article XII: Competition Policy
The provisions of the MERCOSUR Protocol on Competition Policy apply in relation to the activities performed by public or private service providers or other entities, whose objective is to affect, or which affect competition within MERCOSUR and trade in services among the Parties.

Bolivia/Mercosur
Chapter VIII: Settlement of Disputes Article 21
Disputes arising over the application of the present Agreement will be settled according to the Settlement of Disputes Regime contained in Annex 11.

Chile/Mercosur
Chapter VIII: Settlement of Disputes
Article 22

Disputes arising over the interpretation, application and attainment of the present Agreement will be settled according to the Settlement of Disputes Regime contained in Annex 14.

 
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