Free Trade Area of the Americas - FTAA

 
Ministerial
Declarations
Trade Negotiations
Committee
Negotiating
Groups
Special
Committees
Business
Facilitation
Civil
Society
Trade&Tariff
Database
Hemispheric
Cooperation
Program

Home Countries Sitemap A-Z list Governmental Contact Points

 
 

Investment Agreements in the Western Hemisphere: A Compendium

Bilateral Free Trade Agreements


VII. Settlement of Disputes Between a Contracting Party and an Investor | C. Arbitral Procedure | 1. Constitution of the Tribunal

Free Trade Agreement Between Bolivia and Mexico

With the exception of the provisions of Article 15-27 and without prejudice to the disputing parties agreeing on something different, the tribunal shall be made up of three arbitrators. Each disputing party shall appoint one arbitrator; the third arbitrator, who shall be president of the arbitration tribunal, shall be appointed by the disputing parties in mutual agreement. (Article 15-24).

When a Party fails to appoint an arbitrator or the disputing parties are unable to agree on a presiding arbitrator, the Secretary-General [of ICSID] shall appoint the arbitrators in arbitration proceedings, in accordance with this section. (Article 15-25(1)).

When a tribunal, other than that established in accordance with Article 15-27, is not formed within 90 days of the date on which the claim is submitted to arbitration, the Secretary-General, at the request of either of the disputing parties, shall appoint, at his discretion, the arbitrator or arbitrators not yet appointed, but not the president of the tribunal, who shall be appointed in accordance with paragraph 3 of this article. (Article 15-25(2)).

The Secretary-General [of ICSID] shall appoint the president of the tribunal from among the arbitrators on the list referred to in paragraph 4, ensuring that the president of the tribunal is not a national of the disputing Party or a national of the party of the disputing investor. If there is no arbitrator on the list who is available to serve as president of the tribunal, the Secretary-General shall appoint the president of the tribunal from the ICSID Panel of Arbitrators provided he is of a nationality other than that of the disputing Party or of the Party of the disputing investor. (Article 15-25(3)).

Upon the entry into force of this Treaty, the parties shall establish and maintain a list of 15 arbitrators as possible presidents of the arbitration tribunal, who meet the criteria laid down in the ICSID Convention and in the rules referred to in Article 15-21 and who possess experience in international law and in matters concerning investments. The arbitrators who are placed on the list shall be designated by consensus without regard to nationality. (Article 15-25(4)).

Free Trade Agreement Between Costa Rica and Mexico

With the exception of the provisions of Article 13-28 and without prejudice to the disputing parties agreeing on something different, the tribunal shall be made up of three arbitrators. Each disputing party shall appoint one arbitrator; the third arbitrator, who shall be president of the arbitration tribunal, shall be appointed by the disputing parties in mutual agreement. (Article 13-25).

When a Party fails to appoint an arbitrator or the disputing parties are unable to agree on a presiding arbitrator, the Secretary-General [of ICSID] shall appoint the arbitrators in arbitration proceedings, in accordance with this section. (Article 13-26(1)).

When a tribunal, other than that established in accordance with Article 13-28, is not formed within 90 days of the date on which the claim is submitted to arbitration, the Secretary-General, at the request of either of the disputing parties, shall appoint, at his discretion, the arbitrator or arbitrators not yet appointed, but not the president of the tribunal, who shall be appointed in accordance with paragraph 3 of this article. In any case, the majority of the arbitrators cannot be nationals of a disputing party. (Article 13-26(2)).

The Secretary-General [of ICSID] shall appoint the president of the tribunal from among the arbitrators on the list referred to in paragraph 4, ensuring that the president of the tribunal is not a national of the disputing Party or a national of the party of the disputing investor. If there is no arbitrator on the list who is available to serve as president of the tribunal, the Secretary-General shall appoint the president of the tribunal from the ICSID Panel of Arbitrators provided he is of a nationality other than that of the disputing Party or of the Party of the disputing investor. (Article 13-26(3)).

Upon the entry into force of this Treaty, the parties shall establish and maintain a list of 15 arbitrators as possible presidents of the arbitration tribunal, who meet the criteria laid down in the ICSID Convention and who possess experience in international law and in matters concerning investments. The arbitrators who are placed on the list shall be designated by consensus without regard to nationality for a period of two years, renewable if the parties so agree by consensus. In case of death or resignation of a member of the list, the Parties will designate another person to replace him for the rest of the period for which he was appointed. (Article 13-26(4)).

Free Trade Agreement Between Canada and Chile

Except in respect of a Tribunal established under Article G-27, and unless the disputing parties otherwise agree, the Tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. (Article G-24).

When a Party fails to appoint an arbitrator or the disputing parties are unable to agree on a presiding arbitrator, the Secretary-General [of ICSID] shall serve as appointing authority for an arbitration under this Section. (Article G-25(1)).

If a Tribunal, other than a Tribunal established under Article G-27, has not been constituted within 90 days from the date that a claim is submitted to arbitration, the Secretary-General, on the request of either disputing party, shall appoint, in his discretion, the arbitrator or arbitrators not yet appointed, except that the presiding arbitrator shall be appointed in accordance with paragraph 3. (Article G-25(2)).

The Secretary-General [of ICSID] shall appoint the presiding arbitrator from the roster of presiding arbitrators referred to in paragraph 4, provided that the presiding arbitrator shall not be a national of the disputing Party or a national of the Party of the disputing investor. In the event that no such presiding arbitrator is available to serve, the Secretary-General shall appoint, from the ICSID Panel of Arbitrators, a presiding arbitrator who is not a national of either of the Parties. (Article G-25(3)).

On the date of entry into force of this Agreement, the Parties shall establish, and thereafter maintain, a roster of 30 presiding arbitrators, none of whom may be a national of a Party, meeting the qualifications of the Convention and rules referred to in Article G-21 and experienced in international law and investment matters. The roster members shall be appointed by mutual agreement. (Article G-25(4)).

 
countries sitemap a-z list governmental contact points