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Derestricted Established in Existing Trade and Integration Agreements, Treaties and Arrangements in the Hemisphere and in the WTO Foreword This inventory was prepared by the Trade Unit of the Organization of American States (OAS) at the request of the Free Trade Area of the Americas (FTAA) Negotiating Group on Dispute Settlement (NGDS), and does not reflect necessarily the opinions of the OAS, its personnel, or its member states. Words in italics (or within quotation marks) represent direct quotations from the referenced material available to the OAS. They do not have the legal standing of the official texts of the original documents. The OAS has made every effort to ensure, but does not guarantee the accuracy of the information contained in this inventory. The information is provided without warranty of any kind, express or implied. I. Introduction
At their Second Ministerial Trade Meeting held in Cartagena, Colombia on 21 March, 1996, the Ministers Responsible for Trade requested “the OAS to start compiling information on the dispute settlement mechanisms being used in bilateral and subregional trade agreements in the Hemisphere.”1 The OAS distributed a first draft of a dispute settlement analytical compendium to the Ministers at their Third Ministerial Trade Meeting held in Belo Horizonte, Brazil on 16 May 1997. At that meeting, the Ministers set up the Working Group on Dispute Settlement (WGDS) and established its terms of reference. The Group was mandated inter alia to “[c]ompile an inventory of dispute settlement procedures and mechanisms included in agreements, treaties and arrangements of integration existing in the hemisphere and those of the WTO, appending the legal texts.” In this respect, the Group was instructed to “take into account the compilation of information prepared by the OAS, as requested at Cartagena.”2 The OAS submitted a revised compendium to the WGDS at its first meeting of 10-11 July 1997, and a “systematization” paper on dispute settlement procedures and mechanisms as requested by the Working Group at its third and last meeting of 19-20 February 1998. At that meeting, the WGDS adopted a working list of agreements and a structure for the inventory. At their Fourth Trade Ministerial Meeting held in San José, Costa Rica on 19 March 1998, the Ministers Responsible for Trade recommended to their Heads of State and Government, the initiation of FTAA negotiations. Ministers established the Trade Negotiations Committee (TNC) at the Vice-Ministerial level, as well as nine negotiating groups, one of which is on dispute settlement.3 The TNC, at its meeting in Buenos Aires on 19 June 1998, established the work program for the Negotiating Group on Dispute Settlement (NGDS). The Negotiating Group, inter alia, was instructed to continue the previous work of the Working Group on Dispute Settlement aimed at completing the inventory of dispute settlement mechanisms, procedures and legal texts established in the existing integration schemes, treaties and agreements in the hemisphere, as well as those of the WTO. In fulfillment of this mandate, the NGDS instructed the Tripartite Committee (OAS) to complete the inventory of dispute settlement mechanisms, procedures and legal texts. The present document responds to this instruction.
The focus of this inventory is limited to dispute settlement mechanisms applicable to disputes between states that are subject to a trade agreement and that may arise in this Hemisphere, with the exclusion of disputes involving foreign investment.4 Moreover, the focus has been limited further to general dispute settlement provisions under the agreements covered; and not to provisions that are specific to a particular trade practice, such as dumping or subsidies, or to a particular sector, such as agriculture, government procurement, or the temporary entry of business persons.
Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations and Marrakesh Agreement Establishing the World Trade Organization (which includes in Annex 2: Understanding on Rules and Procedures Governing the Settlement of Disputes) (WTO), 15 April 1994; Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes, WT/DSB/RC/1, 11 December 1996; Working Procedures for Appellate Review, WT/AB/WP/3, 28 February 1997
1. Montevideo Treaty Establishing the Latin American Integration Association (LAIA), 12 August 1980; Resolution 114, Procedure Aimed at Maintaining Compliance with Contractual Obligations, 22 March 1990 2. Cartagena Agreement (Official Codified Text of the Andean Subregional Integration Agreement, which includes changes from the Protocol Modifying the Andean Subregional Integration Agreement, 10 March 1996) (Andean Community), 25 June 1997; Treaty Creating the Court of Justice of the Cartagena Agreement, 25 May 1979; By-Laws of the Court of Justice of the Cartagena Agreement (Decision 184), 19 August 1983; Internal Rules of the Court of Justice of the Cartagena Agreement, 9 May 1984; Protocol Modifying the Treaty Creating the Court of Justice of the Cartagena Agreement, 28 May 1996 (has not entered into force yet) 3. Treaty Establishing the Caribbean Community and Common Market (CARICOM), 4 July 1973; Protocol Amending the Treaty Establishing the Caribbean Community, 1997; Agreement Establishing the Caribbean Court of Justice,______ 4. General Treaty on Central American Economic Integration Between Guatemala, El Salvador, Honduras and Nicaragua (CACM), 13 December 1960; Protocol of Tegulcigalpa to the Charter of the Organization of Central American States, 13 December 1991; Protocol of Guatemala to the General Treaty on Central American Economic Integration, 29 October 1993; Convenio del Estatuto de la Corte Centroamericana de Justicia, 13 December 1992 5. Treaty on Free Trade Between the Republic of Colombia, the Republic of Venezuela and the United Mexican States (Group of Three), 13 June 1994; Decision No. 9 of the Administrative Commission, ____ 6. Treaty of Asuncion Establishing the Southern Common Market (MERCOSUR) 26 March 1991; Council Decision MERCOSUR/CMD/DEC NO. 01/91: Protocol of Brasilia for Dispute Settlement, 17 December 1991; Additional Protocol to the Treaty of Asuncion on the Institutional Structure of Mercosur (Protocol of Ouro Preto), 17 December 1994; Rules of the Protocol of Brasilia for Dispute Settlement, 10 October 1998 7. North American Free Trade Agreement (NAFTA), 17 December 1992; Model Rules of Procedure for Chapter Twenty of the North American Free Trade Agreement; Code of Conduct for Dispute Settlement Procedures under Chapters 19 & 20 of the North American Free Trade Agreement 8. Economic Association Treaty Between Guatemala, Honduras and El Salvador (Tripartite Treaty), 6 February 1960 C. Bilateral Agreements (Group-State) 1. Agreement on Trade, Economic and Technical Cooperation Between the Caribbean Community (CARICOM) and the Government of the Republic of Colombia (CARICOM-Colombia), 24 July 1994 2. Agreement on Trade, Economic and Technical Cooperation Between the Caribbean Community (CARICOM) and the Government of the Republic of Venezuela (CARICOM-Venezuela), 13 October 1992 3. Treaty on Free Trade Between Central America and Dominican Republic (Central America-Dominican Republic), 16 April 1998 4. Economic Complement Agreement No. 36 Mercosur-Bolivia (MERCOSUR-Bolivia), 25 June 1996 5. Economic Complement Agreement No. 35 Mercosur-Chile (MERCOSUR-Chile), 25 June 1996 D. Bilateral Agreements (State-State) 1. Economic Complement Agreement No. 16 Between Argentina and Chile (Argentina-Chile), 2 August 1991; Second Protocol Additional to the Economic Complement Agreement No. 16, 17 June 1992 2. Economic Complement Agreement of Partial Scope Between Argentina and Venezuela (Argentina-Venezuela), 6 October 1992 3. Economic Complement Agreement No. 22 Between the Government of the Republic of Bolivia and the Government of the Republic of Chile (Bolivia-Chile), 6 April 1993 4. Free Trade Agreement Between the Republic of Bolivia and the United Mexican States (Bolivia-Mexico), 10 September 1994 5. Economic Complement Agreement of Partial Scope No. 25 Between Brazil and Peru (Brazil-Peru), 10 February 1994 6. Economic Complement Agreement No. 27 Brazil-Venezuela (Brazil-Venezuela), 15 July 1997 7. Free Trade Agreement Between the Government of Canada and the Government of the Republic of Chile (Canada-Chile), 5 December 1996 8. Economic Complement Agreement No. 24 for the Establishment of an Enlarged Economic Space Between Chile and Colombia (Chile-Colombia), 6 December 1993 9. Economic Complement Agreement No. 32 for the Establishment of an Enlarged Economic Space Between Chile and Ecuador (Chile-Ecuador), 20 December 1994 10. Economic Complement Agreement No. 17 Between the Government of the Republic of Chile and the Government of the United Mexican States (Chile-Mexico), 22 September 1991; Free Trade Treaty Between the Government of the Republic of Chile and the Government of the United Mexican States, _____________ 11. Economic Complement Agreement Between Chile and Peru for the Agreement on a Free Trade Area (Chile-Peru), 22 June 1998 12. Economic Complement Agreement No. 23 for the Establishment of an Enlarged Economic Space Between Chile and Venezuela (Chile-Venezuela), 2 April 1993 13. Agreement of Partial Scope Between the Republic of Colombia and the Republic of Honduras (Colombia-Honduras), _____________. 14. Agreement of Partial Scope Between the Republic of Colombia and the Republic of Nicaragua (Colombia-Nicaragua), ____________. 15. Commercial Convention Between the Government of the Republic of Costa Rica and the Government of the Republic of Argentina (Costa Rica-Argentina), 20 October 1979 16. Agreement of Partial Scope Between Costa Rica and Colombia (Costa Rica-Colombia), 2 March 1984 17. Free Trade Treaty Between the Republic of Costa Rica and the United Mexican States (Costa Rica-Mexico), 5 April 1994 18. Commercial Convention Subscribed Between the Republic of Costa Rica and the Republic of Uruguay (Costa Rica-Uruguay), 24 May 1983 19. Basic Convention of Economic and Trade Cooperation Between the Government of the Republic of Venezuela and the Government of Costa Rica (Costa Rica-Venezuela), 18 June 1980; Convention of Partial Scope Between the Government of Costa Rica and the Government of Venezuela, 21 March 1986 20. Commercial Convention Between the Government of the Dominican Republic and the Government of the Republic of Costa Rica (Dominican Republic-Costa Rica), 18 May 1981 21. Economic Complement Agreement of Partial Scope No. 21 Between Ecuador and Argentina (Ecuador-Argentina), _____________ 22. Agreement of Partial Scope No. 29 Between Ecuador and the United Mexican States (Ecuador-Mexico) _____________ 23. Economic Complement Agreement of Partial Scope No. 30 Between Ecuador and Paraguay (Ecuador-Paraguay), _____________ 24. Economic Complement Agreement No. 28 Between Ecuador and Uruguay (Ecuador-Uruguay), 1 May 1984 25. Agreement of Partial Scope Between the Republic of El Salvador and the Republic of Colombia (El Salvador-Colombia), _____________. 26. Agreement of Partial Scope Between the Republic of Guatemala and the Republic of Colombia (Guatemala-Colombia), _____________. 27. Free Trade Treaty Between the United Mexican States and the Republic of Nicaragua (Mexico-Nicaragua), ____ 28. Agreement of Partial Scope Between the Republic of Panama and the Republic of Colombia (Panama-Colombia), 9 July 1993 29. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Costa Rica (Panama-Costa Rica), 8 June 1973; Rules for the Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Costa Rica, 23 April 1986 30. Commercial Treaty Between the Republic of Panama and the Dominican Republic (Panama-Dominican Republic), 17 July 1985 31. Free Trade and Preferential Exchange Treaty Between the Republic of Panama and the Republic of El Salvador (Panama-El Salvador), 2 June 1970; Rules for the Free Trade and Preferential Exchange Treaty Between the Republic of Panama and the Republic of El Salvador, 14 December 1985 32. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Guatemala (Panama-Guatemala), 20 June 1974; Rules for the Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Guatemala, 22 September 1986 33. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Honduras (Panama-Honduras), 8 November 1973 34. Agreement of Partial Scope Between the Republic of Panama and the United Mexican States (Panama-Mexico), 22 May 1985 35. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Nicaragua (Panama-Nicaragua), 26 July 1973; Rules for the Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Nicaragua, 25 July 1974 III. Identification of Instruments
WTO Annex 2. Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU); Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes; Working Procedures for Appellate Review
LAIA Chapter VI: Institutional Organization, Articles 35 and 36, Resolution 114 Andean Community Cartagena Agreement, Chapter II, Section E - Concerning the Andean Community Tribunal of Justice, and Section I - Concerning Dispute Settlement; Treaty Creating the Court of Justice of the Cartagena Agreement; By-Laws of the Court of Justice of the Cartagena Agreement; Internal Rules of the Court of Justice of the Cartagena Agreement; Protocol Modifying the Treaty Creating the Court of Justice of the Cartagena Agreement CARICOM CARICOM Treaty, Chapter III: Coordination and Functional Cooperation, Article 19 - Settlement of Disputes, and Annex: The Caribbean Common Market, Chapter II: Organs of the Common Market, Article 11- Disputes Procedure within the Common Market, and Article 12 - Reference to Tribunal; Protocol Amending the Treaty, Articles III, IV, V, VII, VIII, and XI CACM General Treaty, Chapter X: General Provisions, Article XXVI; Protocol de Tegulcigalpa, Article 35 and Transitional Provisions Article 3 Group of Three Chapter XIX: Dispute Settlement, Chapter XX: Administration of the Treaty; Decision No. 9 of the Administrative Commission adopting Model Rules of Procedure governing dispute settlement under Chapter XIX of the Treaty MERCOSUR Treaty of Asuncion, Annex III: Dispute Settlement; Protocol of Brasilia for Dispute Settlement; Protocol of Ouro Preto, Chapter VI: Dispute Settlement System, Annex: General Procedure for Complaints to the MERCOSUR Trade Commission; Rules of the Protocol of Brasilia for Dispute Settlement NAFTA Chapter 20: Institutional Arrangements and Dispute Settlement Procedures; Model Rules of Procedure for Chapter Twenty of the North American Free Trade Agreement; Code of Conduct for Dispute Settlement Procedures under Chapters 19 & 20 of the North American Free Trade Agreement Tripartite Treaty Article XXIX
CARICOM-Colombia Chapter I Article 2: The Joint Council, Chapter IV Article 21: Settlement of Disputes CARICOM-Venezuela Article 2: The Joint Council, Article 17: Settlement of Disputes Central America-Dominican Republic Chapter XVI: Dispute Settlement, Chapter XVIII: Administration of the Treaty MERCOSUR-Bolivia Title VIII: Dispute Settlement, Article 21, Title XVII: Administration and Evaluation of the Agreement, Articles 39 and 40, Annex XI: Dispute Settlement System MERCOSUR-Chile Title VIII: Dispute Settlement, Article 22, Title XIX: Administration and Evaluation of the Agreement, Articles 46 and 47, Annex 14: Dispute Settlement System
Argentina-Chile Chapter XIII: Dispute Settlement, Article 27; Second Additional Protocol Argentina-Venezuela Chapter IX: Administration of the Agreement, Chapter X: Dispute Settlement Bolivia-Chile Chapter XI: Administrative Commission of the Agreement; Chapter XIII: Dispute Settlement Bolivia-Mexico Chapter XVIII: Administration of the Treaty, Chapter XIX: Dispute Settlement Brazil-Peru Annex IV: Dispute Settlement Mechanism Brazil-Venezuela Article 26 Canada-Chile Chapter N: Institutional Arrangements and Dispute Settlement Procedures Chile-Colombia Chapter XVII: Dispute Settlement, Chapter XVIII: Administration of the Agreement Chile-Ecuador Chapter XVIII: Dispute Settlement, Chapter XIX: Administration of the Agreement Chile-Mexico Chapter XVI: Dispute Settlement, Chapter XVII: Administration of the Agreement; Free Trade Treaty, Chapter 17: Administration of the Treaty, Chapter 18: Dispute Settlement Chile-Peru Chapter XVI: Dispute Settlement, Annex 8: Dispute Settlement System Chile-Venezuela Chapter XVI: Dispute Settlement, Chapter XVIII: Administration of the Agreement Colombia-Honduras Chaper XI: Administration of the Agreement Colombia-Nicaragua Chapter XI: Administration of the Agreement Costa Rica-Argentina Article 9 Costa Rica-Colombia Chapter XI: Administration of the Agreement, Articles 18 and 19 Costa Rica-Mexico Chapter XVI: Administration of the Treaty, Chapter XVII: Dispute Settlement Costa Rica-Uruguay Article XII Costa Rica-Venezuela Basic Convention, Article 8; Partial Scope Convention, Chapter XII: Administration of the Agreement, Articles 45-47 Dominican Republic-Costa Rica Second Chapter: Administration of the Convention, Articles XI, XII and XVI Ecuador-Argentina Chapter XII: Dispute Settlement, Article 23 Ecuador-Mexico Chapter XIV: Administration of the Agreement, Article 33 Ecuador-Paraguay Chapter XIV: Administration of the Agreement, Article 40 Ecuador-Uruguay Article 22 El Salvador-Colombia Chapter XI: Administration of the Agreement Guatemala-Colombia Chapter XI: Administration of the Agreement Mexico-Nicaragua Chapter XIX: Administration of the Treaty, Chapter XX: Dispute Settlement Panama-Colombia Chapter XI: Dispute Settlement, Article32, Chapter XIV: Administration of the Agreement, Articles 35 and 36 Panama-Costa Rica Articles 23-25; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 16, 17, and 22, Chapter VI: Concerning Dispute Settlement, Articles 27-31 Panama-Dominican Republic Articles XVI-XVIII Panama-El Salvador Article 18; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 19, 20, and 25, Chapter VI: Concerning Dispute Settlement, Articles 30-34 Panama-Guatemala Articles 21-23; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 19, 20, and 26, Chapter VI: Concerning Dispute Settlement, Articles 31-35 Panama-Honduras Articles 23-25 Panama-Mexico Chapter XIII: Administration of the Agreement, Article 25 Panama-Nicaragua Articles 23-25; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 15-17, and 21, Chapter VI: Concerning Dispute Settlement, Articles 26-30 IV. Mechanisms and Procedures for Dispute Settlement in the WTO Agreement
Article 1: Coverage and Application 1. The rules and procedures of this Understanding shall apply to disputes brought pursuant to the consultation and dispute settlement provisions of the agreements listed in Appendix 1 to this Understanding (referred to in this Understanding as the "covered agreements"). The rules and procedures of this Understanding shall also apply to consultations and the settlement of disputes between Members concerning their rights and obligations under the provisions of the Agreement Establishing the World Trade Organization (referred to in this Understanding as the "WTO Agreement") and of this Understanding taken in isolation or in combination with any other covered agreement. Article 2: Administration 1. The Dispute Settlement Body is hereby established to administer these rules and procedures and, except as otherwise provided in a covered agreement, the consultation and dispute settlement provisions of the covered agreements. Accordingly, the DSB shall have the authority to establish panels, adopt panel and Appellate Body reports, maintain surveillance of implementation of rulings and recommendations, and authorize suspension of concessions and other obligations under the covered agreements. With respect to disputes arising under a covered agreement which is a Plurilateral Trade Agreement, the term "Member" as used herein shall refer only to those Members that are parties to the relevant Plurilateral Trade Agreement. Where the DSB administers the dispute settlement provisions of a Plurilateral Trade Agreement, only those Members that are parties to that Agreement may participate in decisions or actions taken by the DSB with respect to that dispute. Article 3: General Provisions 2. The dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system. The Members recognize that it serves to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules of interpretation of public international law. Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements. 3. The prompt settlement of situations in which a Member considers that any benefits accruing to it directly or indirectly under the covered agreements are being impaired by measures taken by another Member is essential to the effective functioning of the WTO and the maintenance of a proper balance between the rights and obligations of Members. 5. All solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements, including arbitration awards, shall be consistent with those agreements and shall not nullify or impair benefits accruing to any Member under those agreements, nor impede the attainment of any objective of those agreements. 6. Mutually agreed solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements shall be notified to the DSB and the relevant Councils and Committees, where any Member may raise any point relating thereto. 7. Before bringing a case, a Member shall exercise its judgement as to whether action under these procedures would be fruitful…. 9. The provisions of this Understanding are without prejudice to the rights of Members to seek authoritative interpretation of provisions of a covered agreement through decision-making under the WTO Agreement or a covered agreement which is a Plurilateral Trade Agreement. 10. It is understood that requests for conciliation and the use of the dispute settlement procedures should not be intended or considered as contentious acts and that, if a dispute arises, all Members will engage in these procedures in good faith in an effort to resolve the dispute. It is also understood that complaints and counter-complaints in regard to distinct matters should not be linked. 11. This Understanding shall be applied only with respect to new requests for consultations under the consultation provisions of the covered agreements made on or after the date of entry into force of the WTO Agreement. With respect to disputes for which the request for consultations was made under GATT 1947 or under any other predecessor agreement to the covered agreements before the date of entry into force of the WTO Agreement, the relevant dispute settlement rules and procedures in effect immediately prior to the date of entry into force of the WTO Agreement shall continue to apply.6 12. …[I]f a complaint based on any of the covered agreements is brought by a developing country Member against a developed country Member, the complaining party shall have the right to invoke, as an alternative to the provisions contained in Articles 4, 5, 6 and 12 of this Understanding, the corresponding provisions of the Decision of 5 April 1966 (BISD 14S/18), except that where the Panel considers that the time-frame provided for in paragraph 7 of that Decision is insufficient to provide its report and with the agreement of the complaining party, that time-frame may be extended. To the extent that there is a difference between the rules and procedures of Articles 4, 5, 6 and 12 and the corresponding rules and procedures of the Decision, the latter shall prevail.
Article 4: Consultations 2. Each Member undertakes to accord sympathetic consideration to and afford adequate opportunity for consultation regarding any representations made by another Member concerning measures affecting the operation of any covered agreement taken within the territory of the former. (footnote omitted) 3. If a request for consultations is made pursuant to a covered agreement, the Member to which the request is made shall, unless otherwise mutually agreed, reply to the request within 10 days after the date of its receipt and shall enter into consultations in good faith within a period of no more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Member does not respond within 10 days after the date of receipt of the request, or does not enter into consultations within a period of no more than 30 days, or a period otherwise mutually agreed, after the date of receipt of the request, then the Member that requested the holding of consultations may proceed directly to request the establishment of a panel. 4. All such requests for consultations shall be notified to the DSB and the relevant Councils and Committees by the Member which requests consultations. Any request for consultations shall be submitted in writing and shall give the reasons for the request, including identification of the measures at issue and an indication of the legal basis for the complaint. 5. In the course of consultations in accordance with the provisions of a covered agreement, before resorting to further action under this Understanding, Members should attempt to obtain satisfactory adjustment of the matter. 6. Consultations shall be confidential, and without prejudice to the rights of any Member in any further proceedings. 7. If the consultations fail to settle a dispute within 60 days after the date of receipt of the request for consultations, the complaining party may request the establishment of a panel. The complaining party may request a panel during the 60-day period if the consulting parties jointly consider that consultations have failed to settle the dispute. 8. In cases of urgency, including those which concern perishable goods, Members shall enter into consultations within a period of no more than 10 days after the date of receipt of the request. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request, the complaining party may request the establishment of a panel. 9. In cases of urgency, including those which concern perishable goods, the parties to the dispute, panels and the Appellate Body shall make every effort to accelerate the proceedings to the greatest extent possible.
10. During consultations Members should give special attention to the particular problems and interests of developing country Members.
Article 4: Consultations 3. …. If the Member does not respond within 10 days after the date of receipt of the request, or does not enter into consultations within a period of no more than 30 days, or a period otherwise mutually agreed, after the date of receipt of the request, then the Member that requested the holding of consultations may proceed directly to request the establishment of a panel. 5. In the course of consultations in accordance with the provisions of a covered agreement, before resorting to further action under this Understanding, Members should attempt to obtain satisfactory adjustment of the matter. 7. If the consultations fail to settle a dispute within 60 days after the date of receipt of the request for consultations, the complaining party may request the establishment of a panel. The complaining party may request a panel during the 60-day period if the consulting parties jointly consider that consultations have failed to settle the dispute. 8. In cases of urgency, including those which concern perishable goods….[i]f the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request, the complaining party may request the establishment of a panel.
Article 4: Consultations 11. Whenever a Member other than the consulting Members considers that it has a substantial trade interest in consultations being held pursuant to paragraph 1 of Article XXII of GATT 1994, paragraph 1 of Article XXII of GATS, or the corresponding provisions in other covered agreements, such Member may notify the consulting Members and the DSB, within 10 days after the date of the circulation of the request for consultations under said Article, of its desire to be joined in the consultations. Such Member shall be joined in the consultations, provided that the Member to which the request for consultations was addressed agrees that the claim of substantial interest is well-founded. In that event they shall so inform the DSB. If the request to be joined in the consultations is not accepted, the applicant Member shall be free to request consultations under paragraph 1 of Article XXII or paragraph 1 of Article XXIII of GATT 1994, paragraph 1 of Article XXII or paragraph 1 of Article XXIII of GATS, or the corresponding provisions in other covered agreements. (footnote omitted)
Article 5: Good Offices, Conciliation and Mediation 1. Good offices, conciliation and mediation are procedures that are undertaken voluntarily if the parties to the dispute so agree. 2. Proceedings involving good offices, conciliation and mediation, and in particular positions taken by the parties to the dispute during these proceedings, shall be confidential, and without prejudice to the rights of either party in any further proceedings under these procedures. 3. Good offices, conciliation or mediation may be requested at any time by any party to a dispute. They may begin at any time and be terminated at any time. Once procedures for good offices, conciliation or mediation are terminated, a complaining party may then proceed with a request for the establishment of a panel. 4. When good offices, conciliation or mediation are entered into within 60 days after the date of receipt of a request for consultations, the complaining party must allow a period of 60 days after the date of receipt of the request for consultations before requesting the establishment of a panel. The complaining party may request the establishment of a panel during the 60-day period if the parties to the dispute jointly consider that the good offices, conciliation or mediation process has failed to settle the dispute. 5. If the parties to a dispute agree, procedures for good offices, conciliation or mediation may continue while the panel process proceeds. 6. The Director-General may, acting in an ex-officio capacity, offer good offices, conciliation or mediation with the view to assisting Members to settle a dispute. Article 24: Special Procedures Involving Least-Developed Country Members 2. In dispute settlement cases involving a least-developed country Member, where a satisfactory solution has not been found in the course of consultations the Director-General or the Chairman of the DSB shall, upon request by a least-developed country Member offer their good offices, conciliation and mediation with a view to assisting the parties to settle the dispute, before a request for a panel is made. The Director-General or the Chairman of the DSB, in providing the above assistance, may consult any source which either deems appropriate. Article 25: Arbitration 1. Expeditious arbitration within the WTO as an alternative means of dispute settlement can facilitate the solution of certain disputes that concern issues that are clearly defined by both parties. 2. Except as otherwise provided in this Understanding, resort to arbitration shall be subject to mutual agreement of the parties which shall agree on the procedures to be followed. Agreements to resort to arbitration shall be notified to all Members sufficiently in advance of the actual commencement of the arbitration process. 3. Other Members may become party to an arbitration proceeding only upon the agreement of the parties which have agreed to have recourse to arbitration. The parties to the proceeding shall agree to abide by the arbitration award. Arbitration awards shall be notified to the DSB and the Council or Committee of any relevant agreement where any Member may raise any point relating thereto. [Special procedures for conciliation by the Director-General, including time-limits, also remain available for disputes between a developing country member and a developed country member. Conciliation: Procedures under Article XXIII (Decision of 5 April 1966), BISD 14S/18.]
Article 2: Administration 1. The Dispute Settlement Body is hereby established to administer these rules and procedures and, except as otherwise provided in a covered agreement, the consultation and dispute settlement provisions of the covered agreements. Accordingly, the DSB shall have the authority to establish panels, adopt panel and Appellate Body reports, maintain surveillance of implementation of rulings and recommendations, and authorize suspension of concessions and other obligations under the covered agreements. With respect to disputes arising under a covered agreement which is a Plurilateral Trade Agreement, the term "Member" as used herein shall refer only to those Members that are parties to the relevant Plurilateral Trade Agreement. Where the DSB administers the dispute settlement provisions of a Plurilateral Trade Agreement, only those Members that are parties to that Agreement may participate in decisions or actions taken by the DSB with respect to that dispute. Article 3: General Provisions 2….Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements. 9. The provisions of this Understanding are without prejudice to the rights of Members to seek authoritative interpretation of provisions of a covered agreement through decision-making under the WTO Agreement or a covered agreement which is a Plurilateral Trade Agreement.
Article 6: Establishment of Panels 1. If the complaining party so requests, a panel shall be established at the latest at the DSB meeting following that at which the request first appears as an item on the DSB's agenda, unless at that meeting the DSB decides by consensus not to establish a panel. (footnote omitted) 2. The request for the establishment of a panel shall be made in writing. It shall indicate whether consultations were held, identify the specific measures at issue and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly. In case the applicant requests the establishment of a panel with other than standard terms of reference, the written request shall include the proposed text of special terms of reference. Article 8: Composition of Panels 1. Panels shall be composed of well-qualified governmental and/or non-governmental individuals, including persons who have served on or presented a case to a panel, served as a representative of a Member or of a contracting party to GATT 1947 or as a representative to the Council or Committee of any covered agreement or its predecessor agreement, or in the Secretariat, taught or published on international trade law or policy, or served as a senior trade policy official of a Member. 2. Panel members should be selected with a view to ensuring the independence of the members, a sufficiently diverse background and a wide spectrum of experience. 3. Citizens of Members whose governments are parties to the dispute or third parties as defined in paragraph 2 of Article 10 shall not serve on a panel concerned with that dispute, unless the parties to the dispute agree otherwise. (footnote omitted) 4. To assist in the selection of panelists, the Secretariat shall maintain an indicative list of governmental and non-governmental individuals possessing the qualifications outlined in paragraph 1, from which panelists may be drawn as appropriate. That list shall include the roster of non-governmental panelists established on 30 November 1984 (BISD 31S/9), and other rosters and indicative lists established under any of the covered agreements, and shall retain the names of persons on those rosters and indicative lists at the time of entry into force of the WTO Agreement. Members may periodically suggest names of governmental and non-governmental individuals for inclusion on the indicative list, providing relevant information on their knowledge of international trade and of the sectors or subject matter of the covered agreements, and those names shall be added to the list upon approval by the DSB. For each of the individuals on the list, the list shall indicate specific areas of experience or expertise of the individuals in the sectors or subject matter of the covered agreements. 5. Panels shall be composed of three panelists unless the parties to the dispute agree, within 10 days from the establishment of the panel, to a panel composed of five panelists. Members shall be informed promptly of the composition of the panel. 6. The Secretariat shall propose nominations for the panel to the parties to the dispute. The parties to the dispute shall not oppose nominations except for compelling reasons. 7. If there is no agreement on the panelists within 20 days after the date of the establishment of a panel, at the request of either party, the Director-General, in consultation with the Chairman of the DSB and the Chairman of the relevant Council or Committee, shall determine the composition of the panel by appointing the panelists whom the Director-General considers most appropriate in accordance with any relevant special or additional rules or procedures of the covered agreement or covered agreements which are at issue in the dispute, after consulting with the parties to the dispute. The Chairman of the DSB shall inform the Members of the composition of the panel thus formed no later than 10 days after the date the Chairman receives such a request. 8. Members shall undertake, as a general rule, to permit their officials to serve as panelists. 9. Panelists shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Members shall therefore not give them instructions nor seek to influence them as individuals with regard to matters before a panel. 10. When a dispute is between a developing country Member and a developed country Member the panel shall, if the developing country Member so requests, include at least one panelist from a developing country Member. 11. Panelists' expenses, including travel and subsistence allowance, shall be met from the WTO budget in accordance with criteria to be adopted by the General Council, based on recommendations of the Committee on Budget, Finance and Administration. Article 9: Procedures for Multiple Complainants 1. Where more than one Member requests the establishment of a panel related to the same matter, a single panel may be established to examine these complaints taking into account the rights of all Members concerned. A single panel should be established to examine such complaints whenever feasible. 3. If more than one panel is established to examine the complaints related to the same matter, to the greatest extent possible the same persons shall serve as panelists on each of the separate panels and the timetable for the panel process in such disputes shall be harmonized.
Article 13: Right to Seek Information 2. Panels may seek information from any relevant source and may consult experts to obtain their opinion on certain aspects of the matter. With respect to a factual issue concerning a scientific or other technical matter raised by a party to a dispute, a panel may request an advisory report in writing from an expert review group. Rules for the establishment of such a group and its procedures are set forth in Appendix 4. APPENDIX 4: EXPERT REVIEW GROUPS The following rules and procedures shall apply to expert review groups established in accordance with the provisions of paragraph 2 of Article 13. 1. Expert review groups are under the panel's authority. Their terms of reference and detailed working procedures shall be decided by the panel, and they shall report to the panel. 2. Participation in expert review groups shall be restricted to persons of professional standing and experience in the field in question. 3. Citizens of parties to the dispute shall not serve on an expert review group without the joint agreement of the parties to the dispute, except in exceptional circumstances when the panel considers that the need for specialized scientific expertise cannot be fulfilled otherwise. Government officials of parties to the dispute shall not serve on an expert review group. Members of expert review groups shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Governments or organizations shall therefore not give them instructions with regard to matters before an expert review group.
Article 17: Appellate Review Standing Appellate Body 1. A standing Appellate Body shall be established by the DSB. The Appellate Body shall hear appeals from panel cases. It shall be composed of seven persons, three of whom shall serve on any one case. Persons serving on the Appellate Body shall serve in rotation. Such rotation shall be determined in the working procedures of the Appellate Body. 2. The DSB shall appoint persons to serve on the Appellate Body for a four-year term, and each person may be reappointed once. However, the terms of three of the seven persons appointed immediately after the entry into force of the WTO Agreement shall expire at the end of two years, to be determined by lot. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor's term. 3. The Appellate Body shall comprise persons of recognized authority, with demonstrated expertise in law, international trade and the subject matter of the covered agreements generally. They shall be unaffiliated with any government. The Appellate Body membership shall be broadly representative of membership in the WTO. All persons serving on the Appellate Body shall be available at all times and on short notice, and shall stay abreast of dispute settlement activities and other relevant activities of the WTO. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. 4. Only parties to the dispute, not third parties, may appeal a panel report. …. 7. The Appellate Body shall be provided with appropriate administrative and legal support as it requires. 8. The expenses of persons serving on the Appellate Body, including travel and subsistence allowance, shall be met from the WTO budget in accordance with criteria to be adopted by the General Council, based on recommendations of the Committee on Budget, Finance and Administration.
Working Procedures for Appellate Review, WT/AB/WP3 Chairman Rule 5.
Divisions Rule 6.
Presiding Member of the Division Rule 7.
Article 7: Terms of Reference of Panels 1. Panels shall have the following terms of reference unless the parties to the dispute agree otherwise within 20 days from the establishment of the panel: "To examine, in the light of the relevant provisions in (name of the covered agreement(s) cited by the parties to the dispute), the matter referred to the DSB by (name of party) in document ... and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in that/those agreement(s)." 2. Panels shall address the relevant provisions in any covered agreement or agreements cited by the parties to the dispute. 3. In establishing a panel, the DSB may authorize its Chairman to draw up the terms of reference of the panel in consultation with the parties to the dispute, subject to the provisions of paragraph 1. The terms of reference thus drawn up shall be circulated to all Members. If other than standard terms of reference are agreed upon, any Member may raise any point relating thereto in the DSB. Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the relevant covered agreements, and make such other findings as will assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreements. Panels should consult regularly with the parties to the dispute and give them adequate opportunity to develop a mutually satisfactory solution. Article 13: Right to Seek Information 1. Each panel shall have the right to seek information and technical advice from any individual or body which it deems appropriate. However, before a panel seeks such information or advice from any individual or body within the jurisdiction of a Member it shall inform the authorities of that Member. A Member should respond promptly and fully to any request by a panel for such information as the panel considers necessary and appropriate. Confidential information which is provided shall not be revealed without formal authorization from the individual, body, or authorities of the Member providing the information. 2. Panels may seek information from any relevant source and may consult experts to obtain their opinion on certain aspects of the matter. With respect to a factual issue concerning a scientific or other technical matter raised by a party to a dispute, a panel may request an advisory report in writing from an expert review group. Rules for the establishment of such a group and its procedures are set forth in Appendix 4.
APPENDIX 4: EXPERT REVIEW GROUPS 1. Expert review groups are under the panel's authority. Their terms of reference and detailed working procedures shall be decided by the panel, and they shall report to the panel. …. 4. Expert review groups may consult and seek information and technical advice from any source they deem appropriate. Before an expert review group seeks such information or advice from a source within the jurisdiction of a Member, it shall inform the government of that Member. Any Member shall respond promptly and fully to any request by an expert review group for such information as the expert review group considers necessary and appropriate.
Article 17: Appellate Review 6. An appeal shall be limited to issues of law covered in the panel report and legal interpretations developed by the panel. …. 12. The Appellate Body shall address each of the issues raised in accordance with paragraph 6 during the appellate proceeding. 13. The Appellate Body may uphold, modify or reverse the legal findings and conclusions of the panel.
Article 3: General Provisions 1. Members affirm their adherence to the principles for the management of disputes heretofore applied under Articles XXII and XXIII of GATT 1947, and the rules and procedures as further elaborated and modified herein. …. 10. It is understood that requests for conciliation and the use of the dispute settlement procedures should not be intended or considered as contentious acts and that, if a dispute arises, all Members will engage in these procedures in good faith in an effort to resolve the dispute. It is also understood that complaints and counter-complaints in regard to distinct matters should not be linked. Article 9: Procedures for Multiple Complainants 1. Where more than one Member requests the establishment of a panel related to the same matter, a single panel may be established to examine these complaints taking into account the rights of all Members concerned. A single panel should be established to examine such complaints whenever feasible. 2. The single panel shall organize its examination and present its findings to the DSB in such a manner that the rights which the parties to the dispute would have enjoyed had separate panels examined the complaints are in no way impaired. If one of the parties to the dispute so requests, the panel shall submit separate reports on the dispute concerned. The written submissions by each of the complainants shall be made available to the other complainants, and each complainant shall have the right to be present when any one of the other complainants presents its views to the panel. 3. If more than one panel is established to examine the complaints related to the same matter, to the greatest extent possible the same persons shall serve as panelists on each of the separate panels and the timetable for the panel process in such disputes shall be harmonized. Article 18: Communications with the Panel or Appellate Body 1. There shall be no ex-parte communications with the panel or Appellate Body concerning matters under consideration by the panel or Appellate Body. 2. Written submissions to the panel or the Appellate Body shall be treated as confidential, but shall be made available to the parties to the dispute. Nothing in this Understanding shall preclude a party to a dispute from disclosing statements of its own positions to the public. Members shall treat as confidential information submitted by another Member to the panel or the Appellate Body which that Member has designated as confidential. A party to a dispute shall also, upon request of a Member, provide a non-confidential summary of the information contained in its written submissions that could be disclosed to the public. Article 20: Time-frame for DSB Decisions Unless otherwise agreed to by the parties to the dispute, the period from the date of establishment of the panel by the DSB until the date the DSB considers the panel or appellate report for adoption shall as a general rule not exceed nine months where the panel report is not appealed or 12 months where the report is appealed. Where either the panel or the Appellate Body has acted, pursuant to paragraph 9 of Article 12 or paragraph 5 of Article 17, to extend the time for providing its report, the additional time taken shall be added to the above periods. Article 26 1. Non-Violation Complaints of the Type Described in Paragraph 1(b) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel or the Appellate Body may only make rulings and recommendations where a party to the dispute considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the application by a Member of any measure, whether or not it conflicts with the provisions of that Agreement. Where and to the extent that such party considers and a panel or the Appellate Body determines that a case concerns a measure that does not conflict with the provisions of a covered agreement to which the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable, the procedures in this Understanding shall apply, subject to the following: (a) the complaining party shall present a detailed justification in support of any complaint relating to a measure which does not conflict with the relevant covered agreement; …. 2. Complaints of the Type Described in Paragraph 1(c) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel may only make rulings and recommendations where a party considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the existence of any situation other than those to which the provisions of paragraphs 1(a) and 1(b) of Article XXIII of GATT 1994 are applicable. Where and to the extent that such party considers and a panel determines that the matter is covered by this paragraph, the procedures of this Understanding shall apply only up to and including the point in the proceedings where the panel report has been circulated to the Members….The following shall also apply: (a) the complaining party shall present a detailed justification in support of any argument made with respect to issues covered under this paragraph;
Article 4: Consultations 9. In cases of urgency, including those which concern perishable goods, the parties to the dispute, panels and the Appellate Body shall make every effort to accelerate the proceedings to the greatest extent possible. Article 9: Procedures for Multiple Complainants 2. The single panel shall organize its examination and present its findings to the DSB in such a manner that the rights which the parties to the dispute would have enjoyed had separate panels examined the complaints are in no way impaired. If one of the parties to the dispute so requests, the panel shall submit separate reports on the dispute concerned. The written submissions by each of the complainants shall be made available to the other complainants, and each complainant shall have the right to be present when any one of the other complainants presents its views to the panel. Article 12: Panel Procedures 1. Panels shall follow the Working Procedures in Appendix 3 unless the panel decides otherwise after consulting the parties to the dispute. 2. Panel procedures should provide sufficient flexibility so as to ensure high-quality panel reports, while not unduly delaying the panel process. 3. After consulting the parties to the dispute, the panelists shall, as soon as practicable and whenever possible within one week after the composition and terms of reference of the panel have been agreed upon, fix the timetable for the panel process, taking into account the provisions of paragraph 9 of Article 4, if relevant. 4. In determining the timetable for the panel process, the panel shall provide sufficient time for the parties to the dispute to prepare their submissions. 5. Panels should set precise deadlines for written submissions by the parties and the parties should respect those deadlines. 6. Each party to the dispute shall deposit its written submissions with the Secretariat for immediate transmission to the panel and to the other party or parties to the dispute. The complaining party shall submit its first submission in advance of the responding party's first submission unless the panel decides, in fixing the timetable referred to in paragraph 3 and after consultations with the parties to the dispute, that the parties should submit their first submissions simultaneously. When there are sequential arrangements for the deposit of first submissions, the panel shall establish a firm time-period for receipt of the responding party's submission. Any subsequent written submissions shall be submitted simultaneously. 7. Where the parties to the dispute have failed to develop a mutually satisfactory solution, the panel shall submit its findings in the form of a written report to the DSB. In such cases, the report of a panel shall set out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes. Where a settlement of the matter among the parties to the dispute has been found, the report of the panel shall be confined to a brief description of the case and to reporting that a solution has been reached. 8. In order to make the procedures more efficient, the period in which the panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until the date the final report is issued to the parties to the dispute, shall, as a general rule, not exceed six months. In cases of urgency, including those relating to perishable goods, the panel shall aim to issue its report to the parties to the dispute within three months. 9. When the panel considers that it cannot issue its report within six months, or within three months in cases of urgency, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. In no case should the period from the establishment of the panel to the circulation of the report to the Members exceed nine months. 10. In the context of consultations involving a measure taken by a developing country Member, the parties may agree to extend the periods established in paragraphs 7 and 8 of Article 4. If, after the relevant period has elapsed, the consulting parties cannot agree that the consultations have concluded, the Chairman of the DSB shall decide, after consultation with the parties, whether to extend the relevant period and, if so, for how long. In addition, in examining a complaint against a developing country Member, the panel shall accord sufficient time for the developing country Member to prepare and present its argumentation. The provisions of paragraph 1 of Article 20 and paragraph 4 of Article 21 are not affected by any action pursuant to this paragraph. 11. Where one or more of the parties is a developing country Member, the panel's report shall explicitly indicate the form in which account has been taken of relevant provisions on differential and more-favourable treatment for developing country Members that form part of the covered agreements which have been raised by the developing country Member in the course of the dispute settlement procedures. 12. The panel may suspend its work at any time at the request of the complaining party for a period not to exceed 12 months. In the event of such a suspension, the time-frames set out in paragraphs 8 and 9 of this Article, paragraph 1 of Article 20, and paragraph 4 of Article 21 shall be extended by the amount of time that the work was suspended. If the work of the panel has been suspended for more than 12 months, the authority for establishment of the panel shall lapse. Article 14: Confidentiality 1. Panel deliberations shall be confidential. 2. The reports of panels shall be drafted without the presence of the parties to the dispute in the light of the information provided and the statements made. 3. Opinions expressed in the panel report by individual panelists shall be anonymous. Article 15: Interim Review Stage 1. Following the consideration of rebuttal submissions and oral arguments, the panel shall issue the descriptive (factual and argument) sections of its draft report to the parties to the dispute. Within a period of time set by the panel, the parties shall submit their comments in writing. 2. Following the expiration of the set period of time for receipt of comments from the parties to the dispute, the panel shall issue an interim report to the parties, including both the descriptive sections and the panel's findings and conclusions. Within a period of time set by the panel, a party may submit a written request for the panel to review precise aspects of the interim report prior to circulation of the final report to the Members. At the request of a party, the panel shall hold a further meeting with the parties on the issues identified in the written comments. If no comments are received from any party within the comment period, the interim report shall be considered the final panel report and circulated promptly to the Members. 3. The findings of the final panel report shall include a discussion of the arguments made at the interim review stage. The interim review stage shall be conducted within the time-period set out in paragraph 8 of Article 12. Article 16: Adoption of Panel Reports 1. In order to provide sufficient time for the Members to consider panel reports, the reports shall not be considered for adoption by the DSB until 20 days after the date they have been circulated to the Members. 2. Members having objections to a panel report shall give written reasons to explain their objections for circulation at least 10 days prior to the DSB meeting at which the panel report will be considered. 3. The parties to a dispute shall have the right to participate fully in the consideration of the panel report by the DSB, and their views shall be fully recorded. APPENDIX 3: WORKING PROCEDURES l. In its proceedings the panel shall follow the relevant provisions of this Understanding. In addition, the following working procedures shall apply. 2. The panel shall meet in closed session. The parties to the dispute, and interested parties, shall be present at the meetings only when invited by the panel to appear before it. 3. The deliberations of the panel and the documents submitted to it shall be kept confidential. Nothing in this Understanding shall preclude a party to a dispute from disclosing statements of its own positions to the public. Members shall treat as confidential information submitted by another Member to the panel which that Member has designated as confidential. Where a party to a dispute submits a confidential version of its written submissions to the panel, it shall also, upon request of a Member, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public. 4. Before the first substantive meeting of the panel with the parties, the parties to the dispute shall transmit to the panel written submissions in which they present the facts of the case and their arguments. 5. At its first substantive meeting with the parties, the panel shall ask the party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the party against which the complaint has been brought shall be asked to present its point of view. …. 7. Formal rebuttals shall be made at a second substantive meeting of the panel. The party complained against shall have the right to take the floor first to be followed by the complaining party. The parties shall submit, prior to that meeting, written rebuttals to the panel. 8. The panel may at any time put questions to the parties and ask them for explanations either in the course of a meeting with the parties or in writing. 9. The parties to the dispute and any third party invited to present its views in accordance with Article 10 shall make available to the panel a written version of their oral statements. 10. In the interest of full transparency, the presentations, rebuttals and statements referred to in paragraphs 5 to 9 shall be made in the presence of the parties. Moreover, each party's written submissions, including any comments on the descriptive part of the report and responses to questions put by the panel, shall be made available to the other party or parties. 11. Any additional procedures specific to the panel. 12. Proposed timetable for panel work….
APPENDIX 4: EXPERT REVIEW GROUPS The following rules and procedures shall apply to expert review groups established in accordance with the provisions of paragraph 2 of Article 13. 5. The parties to a dispute shall have access to all relevant information provided to an expert review group, unless it is of a confidential nature. Confidential information provided to the expert review group shall not be released without formal authorization from the government, organization or person providing the information. Where such information is requested from the expert review group but release of such information by the expert review group is not authorized, a non-confidential summary of the information will be provided by the government, organization or person supplying the information. 6. The expert review group shall submit a draft report to the parties to the dispute with a view to obtaining their comments, and taking them into account, as appropriate, in the final report, which shall also be issued to the parties to the dispute when it is submitted to the panel. The final report of the expert review group shall be advisory only.
Article 4: Consultations 9. In cases of urgency, including those which concern perishable goods, the parties to the dispute, panels and the Appellate Body shall make every effort to accelerate the proceedings to the greatest extent possible. Article 16: Adoption of Panel Reports 4. Within 60 days after the date of circulation of a panel report to the Members, the report shall be adopted at a DSB meeting7 unless a party to the dispute formally notifies the DSB of its decision to appeal or the DSB decides by consensus not to adopt the report. If a party has notified its decision to appeal, the report by the panel shall not be considered for adoption by the DSB until after completion of the appeal. This adoption procedure is without prejudice to the right of Members to express their views on a panel report. Article 17: Appellate Review 5. As a general rule, the proceedings shall not exceed 60 days from the date a party to the dispute formally notifies its decision to appeal to the date the Appellate Body circulates its report. In fixing its timetable the Appellate Body shall take into account the provisions of paragraph 9 of Article 4, if relevant. When the Appellate Body considers that it cannot provide its report within 60 days, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. In no case shall the proceedings exceed 90 days. …. Procedures for Appellate Review 9. Working procedures shall be drawn up by the Appellate Body in consultation with the Chairman of the DSB and the Director-General, and communicated to the Members for their information. 10. The proceedings of the Appellate Body shall be confidential. The reports of the Appellate Body shall be drafted without the presence of the parties to the dispute and in the light of the information provided and the statements made. 11. Opinions expressed in the Appellate Body report by individuals serving on the Appellate Body shall be anonymous. 12. The Appellate Body shall address each of the issues raised in accordance with paragraph 6 during the appellate proceeding.
Working Procedures for Appellate Review, WT/AB/WP3 PART II: PROCESS General Provisions Rule 16.
Rule 17.
Documents Rule 18.
Ex Parte Communications Rule 19.
Commencement of Appeal Rule 20.
Appellant's Submission Rule 21.
Appellee's Submission Rule 22.
(a) be dated and signed by the appellee; and (b) set out
Multiple Appeals Rule 23.
…. Transmittal of Record Rule 25.
….. Working Schedule Rule 26.
Oral Hearing Rule 27.
Written Responses Rule 28.
Failure to Appear Rule 29.
Withdrawal of Appeal Rule 30.
Article 3: General Provisions 2. The dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system. The Members recognize that it serves to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules of interpretation of public international law. Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements. 4. Recommendations or rulings made by the DSB shall be aimed at achieving a satisfactory settlement of the matter in accordance with the rights and obligations under this Understanding and under the covered agreements. 5. All solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements, including arbitration awards, shall be consistent with those agreements and shall not nullify or impair benefits accruing to any Member under those agreements, nor impede the attainment of any objective of those agreements. 8. In cases where there is an infringement of the obligations assumed under a covered agreement, the action is considered prima facie to constitute a case of nullification or impairment. This means that there is normally a presumption that a breach of the rules has an adverse impact on other Members parties to that covered agreement, and in such cases, it shall be up to the Member against whom the complaint has been brought to rebut the charge. 9. The provisions of this Understanding are without prejudice to the rights of Members to seek authoritative interpretation of provisions of a covered agreement through decision-making under the WTO Agreement or a covered agreement which is a Plurilateral Trade Agreement.
Article 7: Terms of Reference of Panels 1. Panels shall have the following terms of reference unless the parties to the dispute agree otherwise within 20 days from the establishment of the panel: "To examine, in the light of the relevant provisions in (name of the covered agreement(s) cited by the parties to the dispute), the matter referred to the DSB by (name of party) in document ... and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in that/those agreement(s)." 2. Panels shall address the relevant provisions in any covered agreement or agreements cited by the parties to the dispute. 3. In establishing a panel, the DSB may authorize its Chairman to draw up the terms of reference of the panel in consultation with the parties to the dispute, subject to the provisions of paragraph 1. The terms of reference thus drawn up shall be circulated to all Members. If other than standard terms of reference are agreed upon, any Member may raise any point relating thereto in the DSB. Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the relevant covered agreements, and make such other findings as will assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreements. Panels should consult regularly with the parties to the dispute and give them adequate opportunity to develop a mutually satisfactory solution.
Article 17: Appellate Review 6. An appeal shall be limited to issues of law covered in the panel report and legal interpretations developed by the panel. …. 12. The Appellate Body shall address each of the issues raised in accordance with paragraph 6 during the appellate proceeding. 13. The Appellate Body may uphold, modify or reverse the legal findings and conclusions of the panel.
Article 10: Third Parties 1. The interests of the parties to a dispute and those of other Members under a covered agreement at issue in the dispute shall be fully taken into account during the panel process. 2. Any Member having a substantial interest in a matter before a panel and having notified its interest to the DSB (referred to in this Understanding as a "third party") shall have an opportunity to be heard by the panel and to make written submissions to the panel. These submissions shall also be given to the parties to the dispute and shall be reflected in the panel report. 3. Third parties shall receive the submissions of the parties to the dispute to the first meeting of the panel. 4. If a third party considers that a measure already the subject of a panel proceeding nullifies or impairs benefits accruing to it under any covered agreement, that Member may have recourse to normal dispute settlement procedures under this Understanding. Such a dispute shall be referred to the original panel wherever possible. Appendix 3: WORKING PROCEDURES 6. All third parties which have notified their interest in the dispute to the DSB shall be invited in writing to present their views during a session of the first substantive meeting of the panel set aside for that purpose. All such third parties may be present during the entirety of this session.
Working Procedures for Appellate Review, WT/AB/WP3 Third Participants Rule 24.
Rule 27.
Article 3: General Provisions 7. Before bringing a case, a Member shall exercise its judgement as to whether action under these procedures would be fruitful. The aim of the dispute settlement mechanism is to secure a positive solution to a dispute. A solution mutually acceptable to the parties to a dispute and consistent with the covered agreements is clearly to be preferred. In the absence of a mutually agreed solution, the first objective of the dispute settlement mechanism is usually to secure the withdrawal of the measures concerned if these are found to be inconsistent with the provisions of any of the covered agreements. The provision of compensation should be resorted to only if the immediate withdrawal of the measure is impracticable and as a temporary measure pending the withdrawal of the measure which is inconsistent with a covered agreement. The last resort which this Understanding provides to the Member invoking the dispute settlement procedures is the possibility of suspending the application of concessions or other obligations under the covered agreements on a discriminatory basis vis-à-vis the other Member, subject to authorization by the DSB of such measures. Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts of the case and the applicability of and conformity with the relevant covered agreements, and make such other findings as will assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreements. Panels should consult regularly with the parties to the dispute and give them adequate opportunity to develop a mutually satisfactory solution. Article 16: Adoption of Panel Reports 4. Within 60 days after the date of circulation of a panel report to the Members, the report shall be adopted at a DSB meeting unless a party to the dispute formally notifies the DSB of its decision to appeal or the DSB decides by consensus not to adopt the report. If a party has notified its decision to appeal, the report by the panel shall not be considered for adoption by the DSB until after completion of the appeal. (footnote omitted) This adoption procedure is without prejudice to the right of Members to express their views on a panel report. Article 17: Appellate Review Adoption of Appellate Body Reports 14. An Appellate Body report shall be adopted by the DSB and unconditionally accepted by the parties to the dispute unless the DSB decides by consensus not to adopt the Appellate Body report within 30 days following its circulation to the Members. (footnote omitted) This adoption procedure is without prejudice to the right of Members to express their views on an Appellate Body report. Article 19: Panel and Appellate Body Recommendations 1. Where a panel or the Appellate Body concludes that a measure is inconsistent with a covered agreement, it shall recommend that the Member concerned bring the measure into conformity with that agreement. In addition to its recommendations, the panel or Appellate Body may suggest ways in which the Member concerned could implement the recommendations. (footnotes omitted) 2. In accordance with paragraph 2 of Article 3, in their findings and recommendations, the panel and Appellate Body cannot add to or diminish the rights and obligations provided in the covered agreements. Article 26 1. Non-Violation Complaints of the Type Described in Paragraph 1(b) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel or the Appellate Body may only make rulings and recommendations where a party to the dispute considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the application by a Member of any measure, whether or not it conflicts with the provisions of that Agreement. Where and to the extent that such party considers and a panel or the Appellate Body determines that a case concerns a measure that does not conflict with the provisions of a covered agreement to which the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable, the procedures in this Understanding shall apply, subject to the following: ….
2. Complaints of the Type Described in Paragraph 1(c) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel may only make rulings and recommendations where a party considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the existence of any situation other than those to which the provisions of paragraphs 1(a) and 1(b) of Article XXIII of GATT 1994 are applicable. Where and to the extent that such party considers and a panel determines that the matter is covered by this paragraph, the procedures of this Understanding shall apply only up to and including the point in the proceedings where the panel report has been circulated to the Members. The dispute settlement rules and procedures contained in the Decision of 12 April 1989 (BISD 36S/61-67) shall apply to consideration for adoption, and surveillance and implementation of recommendations and rulings. The following shall also apply:
Article 3: General Provisions 7. Before bringing a case, a Member shall exercise its judgement as to whether action under these procedures would be fruitful. The aim of the dispute settlement mechanism is to secure a positive solution to a dispute. A solution mutually acceptable to the parties to a dispute and consistent with the covered agreements is clearly to be preferred. In the absence of a mutually agreed solution, the first objective of the dispute settlement mechanism is usually to secure the withdrawal of the measures concerned if these are found to be inconsistent with the provisions of any of the covered agreements. The provision of compensation should be resorted to only if the immediate withdrawal of the measure is impracticable and as a temporary measure pending the withdrawal of the measure which is inconsistent with a covered agreement. The last resort which this Understanding provides to the Member invoking the dispute settlement procedures is the possibility of suspending the application of concessions or other obligations under the covered agreements on a discriminatory basis vis-à-vis the other Member, subject to authorization by the DSB of such measures. Article 21: Surveillance of Implementation of Recommendations and Rulings 1. Prompt compliance with recommendations or rulings of the DSB is essential in order to ensure effective resolution of disputes to the benefit of all Members. 2. Particular attention should be paid to matters affecting the interests of developing country Members with respect to measures which have been subject to dispute settlement. 3. At a DSB meeting held within 30 days after the date of adoption of the panel or Appellate Body report, the Member concerned shall inform the DSB of its intentions in respect of implementation of the recommendations and rulings of the DSB. If it is impracticable to comply immediately with the recommendations and rulings, the Member concerned shall have a reasonable period of time in which to do so. (footnote omitted) The reasonable period of time shall be:
4. Except where the panel or the Appellate Body has extended, pursuant to paragraph 9 of Article 12 or paragraph 5 of Article 17, the time of providing its report, the period from the date of establishment of the panel by the DSB until the date of determination of the reasonable period of time shall not exceed 15 months unless the parties to the dispute agree otherwise. Where either the panel or the Appellate Body has acted to extend the time of providing its report, the additional time taken shall be added to the 15-month period; provided that unless the parties to the dispute agree that there are exceptional circumstances, the total time shall not exceed 18 months. 5. Where there is disagreement as to the existence or consistency with a covered agreement of measures taken to comply with the recommendations and rulings such dispute shall be decided through recourse to these dispute settlement procedures, including wherever possible resort to the original panel. The panel shall circulate its report within 90 days after the date of referral of the matter to it. When the panel considers that it cannot provide its report within this time frame, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. 6. The DSB shall keep under surveillance the implementation of adopted recommendations or rulings. The issue of implementation of the recommendations or rulings may be raised at the DSB by any Member at any time following their adoption. Unless the DSB decides otherwise, the issue of implementation of the recommendations or rulings shall be placed on the agenda of the DSB meeting after six months following the date of establishment of the reasonable period of time pursuant to paragraph 3 and shall remain on the DSB's agenda until the issue is resolved. At least 10 days prior to each such DSB meeting, the Member concerned shall provide the DSB with a status report in writing of its progress in the implementation of the recommendations or rulings. 7. If the matter is one which has been raised by a developing country Member, the DSB shall consider what further action it might take which would be appropriate to the circumstances. 8. If the case is one brought by a developing country Member, in considering what appropriate action might be taken, the DSB shall take into account not only the trade coverage of measures complained of, but also their impact on the economy of developing country Members concerned. Article 22: Compensation and the Suspension of Concessions 1. Compensation and the suspension of concessions or other obligations are temporary measures available in the event that the recommendations and rulings are not implemented within a reasonable period of time. However, neither compensation nor the suspension of concessions or other obligations is preferred to full implementation of a recommendation to bring a measure into conformity with the covered agreements. Compensation is voluntary and, if granted, shall be consistent with the covered agreements. 2. If the Member concerned fails to bring the measure found to be inconsistent with a covered agreement into compliance therewith or otherwise comply with the recommendations and rulings within the reasonable period of time determined pursuant to paragraph 3 of Article 21, such Member shall, if so requested, and no later than the expiry of the reasonable period of time, enter into negotiations with any party having invoked the dispute settlement procedures, with a view to developing mutually acceptable compensation. If no satisfactory compensation has been agreed within 20 days after the date of expiry of the reasonable period of time, any party having invoked the dispute settlement procedures may request authorization from the DSB to suspend the application to the Member concerned of concessions or other obligations under the covered agreements. 3. In considering what concessions or other obligations to suspend, the complaining party shall apply the following principles and procedures:
(i) with respect to goods, the agreements listed in Annex 1A of the WTO Agreement, taken as a whole as well as the Plurilateral Trade Agreements in so far as the relevant parties to the dispute are parties to these agreements; (ii) with respect to services, the GATS; (iii) with respect to intellectual property rights, the Agreement on TRIPS. 4. The level of the suspension of concessions or other obligations authorized by the DSB shall be equivalent to the level of the nullification or impairment. 5. The DSB shall not authorize suspension of concessions or other obligations if a covered agreement prohibits such suspension. 6. When the situation described in paragraph 2 occurs, the DSB, upon request, shall grant authorization to suspend concessions or other obligations within 30 days of the expiry of the reasonable period of time unless the DSB decides by consensus to reject the request. However, if the Member concerned objects to the level of suspension proposed, or claims that the principles and procedures set forth in paragraph 3 have not been followed where a complaining party has requested authorization to suspend concessions or other obligations pursuant to paragraph 3(b) or (c), the matter shall be referred to arbitration. Such arbitration shall be carried out by the original panel, if members are available, or by an arbitrator appointed by the Director-General and shall be completed within 60 days after the date of expiry of the reasonable period of time. (footnote omitted) Concessions or other obligations shall not be suspended during the course of the arbitration. 7. The arbitrator acting pursuant to paragraph 6 shall not examine the nature of the concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the level of nullification or impairment. (footnote omitted) The arbitrator may also determine if the proposed suspension of concessions or other obligations is allowed under the covered agreement. However, if the matter referred to arbitration includes a claim that the principles and procedures set forth in paragraph 3 have not been followed, the arbitrator shall examine that claim. In the event the arbitrator determines that those principles and procedures have not been followed, the complaining party shall apply them consistent with paragraph 3. The parties shall accept the arbitrator's decision as final and the parties concerned shall not seek a second arbitration. The DSB shall be informed promptly of the decision of the arbitrator and shall upon request, grant authorization to suspend concessions or other obligations where the request is consistent with the decision of the arbitrator, unless the DSB decides by consensus to reject the request. 8. The suspension of concessions or other obligations shall be temporary and shall only be applied until such time as the measure found to be inconsistent with a covered agreement has been removed, or the Member that must implement recommendations or rulings provides a solution to the nullification or impairment of benefits, or a mutually satisfactory solution is reached. In accordance with paragraph 6 of Article 21, the DSB shall continue to keep under surveillance the implementation of adopted recommendations or rulings, including those cases where compensation has been provided or concessions or other obligations have been suspended but the recommendations to bring a measure into conformity with the covered agreements have not been implemented. 9. The dispute settlement provisions of the covered agreements may be invoked in respect of measures affecting their observance taken by regional or local governments or authorities within the territory of a Member. When the DSB has ruled that a provision of a covered agreement has not been observed, the responsible Member shall take such reasonable measures as may be available to it to ensure its observance. The provisions of the covered agreements and this Understanding relating to compensation and suspension of concessions or other obligations apply in cases where it has not been possible to secure such observance. (footnote omitted) Article 23: Strengthening of the Multilateral System 1. When Members seek the redress of a violation of obligations or other nullification or impairment of benefits under the covered agreements or an impediment to the attainment of any objective of the covered agreements, they shall have recourse to, and abide by, the rules and procedures of this Understanding. 2. In such cases, Members shall:
Article 24: Special Procedures Involving Least-Developed Country Members 1. At all stages of the determination of the causes of a dispute and of dispute settlement procedures involving a least-developed country Member, particular consideration shall be given to the special situation of least-developed country Members. In this regard, Members shall exercise due restraint in raising matters under these procedures involving a least-developed country Member. If nullification or impairment is found to result from a measure taken by a least-developed country Member, complaining parties shall exercise due restraint in asking for compensation or seeking authorization to suspend the application of concessions or other obligations pursuant to these procedures. Article 26 1. Non-Violation Complaints of the Type Described in Paragraph 1(b) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable to a covered agreement….
2. Complaints of the Type Described in Paragraph 1(c) of Article XXIII of GATT 1994 Where the provisions of paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered agreement…. [t]he dispute settlement rules and procedures contained in the Decision of 12 April 1989 (BISD 36S/61-67) shall apply to consideration for adoption, and surveillance and implementation of recommendations and rulings.
Article 3: General Provisions 10. It is understood that requests for conciliation and the use of the dispute settlement procedures should not be intended or considered as contentious acts and that, if a dispute arises, all Members will engage in these procedures in good faith in an effort to resolve the dispute. It is also understood that complaints and counter-complaints in regard to distinct matters should not be linked. Article 8: Composition of Panels 9. Panelists shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Members shall therefore not give them instructions nor seek to influence them as individuals with regard to matters before a panel. Article 14: Confidentiality 1. Panel deliberations shall be confidential. Article 17: Appellate Review 10. The proceedings of the Appellate Body shall be confidential…. Article 18: Communications with the Panel or Appellate Body 1. There shall be no ex-parte communications with the panel or Appellate Body concerning matters under consideration by the panel or Appellate Body. 2. Written submissions to the panel or the Appellate Body shall be treated as confidential, but shall be made available to the parties to the dispute. Nothing in this Understanding shall preclude a party to a dispute from disclosing statements of its own positions to the public. Members shall treat as confidential information submitted by another Member to the panel or the Appellate Body which that Member has designated as confidential…. APPENDIX 3: WORKING PROCEDURES 3. The deliberations of the panel and the documents submitted to it shall be kept confidential. Nothing in this Understanding shall preclude a party to a dispute from disclosing statements of its own positions to the public. Members shall treat as confidential information submitted by another Member to the panel which that Member has designated as confidential…. APPENDIX 4: EXPERT REVIEW GROUPS 3….Members of expert review groups shall serve in their individual capacities and not as government representatives, nor as representatives of any organization. Governments or organizations shall therefore not give them instructions with regard to matters before an expert review group. 5. …Confidential information provided to the expert review group shall not be released without formal authorization from the government, organization or person providing the information. Rules of Conduct II. Governing Principle 1. Each person covered by these Rules [i.e., each person serving: on a panel or on the Standing Appellate Body; as an arbitrator; or as an expert ; or member of the Secretariat or Standing Appellate Body support staff] shall be independent and impartial, shall avoid direct or indirect conflicts of interest and shall respect the confidentiality of proceedings of bodies pursuant to the dispute settlement mechanism, so that through the observance of such standards of conduct the integrity and impartiality of that mechanism are preserved. These Rules shall in no way modify the rights and obligations of Members under the DSU nor the rules and procedures therein. III. Observance of the Governing Principle 1. To ensure the observance of the Governing Principle of these Rules, each covered person is expected (1) to adhere strictly to the provisions of the DSU; (2) to disclose the existence or development of any interest, relationship or matter that that person could reasonably be expected to know and that is likely to affect, or give rise to justifiable doubts as to, that person's independence or impartiality; and (3) to take due care in the performance of their duties to fulfil these expectations, including through avoidance of any direct or indirect conflicts of interest in respect of the subject matter of the proceedings. 2. Pursuant to the Governing Principle, each covered person, shall be independent and impartial, and shall maintain confidentiality. Moreover, such persons shall consider only issues raised in, and necessary to fulfil their responsibilities within, the dispute settlement proceeding and shall not delegate this responsibility to any other person. Such person shall not incur any obligation or accept any benefit that would in anyway interfere with, or which could give rise to, justifiable doubts as to the proper performance of that person's dispute settlement duties. Annex 2: Illustrative List of Information To Be Disclosed This list contains examples of information of the type that a person called upon to serve in a dispute should disclose pursuant to the Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes. Each covered person, as defined in Section IV:1 of these Rules of Conduct has a continuing duty to disclose the information described in Section VI:2 of these Rules which may include the following:
ALADI (LAIA) Article 35 The Committee is the permanent organ of the Association and shall have the following attributes and obligations: …. m) To propose formulas for the resolution of matters raised by the member states, when the failure to observe some of the rules or principles of the present Treaty has been alleged. ANDEAN COMMUNITY Cartagena Ageement Section I - On Dispute Resolution Article 47.- The resolution of disputes that may arise due to the application of the Andean Community Law, shall be subject to the provisions of the Charter of the Court of Justice. Treaty - Court of Justice Article 17.- It is up to the Court to nullify the Decisions taken by the Commission and the Resolutions issued by the Board that violate the rules comprising the legal system of the Cartagena Agreement, even though deviation of power, at the request of either a Member Country, the Commission, the Board, individuals or companies under the conditions envisaged in Article 19 herein below. Article 18.- Member Countries may only file an Action of Nullification for Decisions that were not approved with their affirmative vote. Article 19.- Individuals or companies may file an Action of Invalidity against Decisions taken by the Commission or Resolutions issued by the Board that apply to them and cause them injury. Article 20.- The Action of Nullification must be filed before the Court within a year following the date of enforcement of the Commission’s Decision or the Board’s Resolution. … Article 23.- When the Board considers that a Member Country has failed to fulfil the obligations emanating from the rules comprising the legal system of the Cartagena Agreement, it shall make its observations in writing. The Member Country must reply within a period compatible with the urgency of the case, which shall not exceed two months. Once the reply has been received or the term expired, the Board shall issue a reasoned opinion. If in the Board’s opinion the Member Country failed to fulfil the obligations mentioned above and continues to do so, the Board may request a verdict from the Court. Article 24.- When a Member Country
considers that another Member Country has failed to fulfil the obligations
emanating from the rules comprising the legal system of the Cartagena
Agreement, it may raise its claim to the Board stating all the background
of the case, so that the Board can issue a reasoned opinion, following the
procedure mentioned in the first paragraph of article 23 herein above. … Article 28.- It is up to the Court to issue a pre-judicial interpretation of the rules comprising the legal system of the Cartagena Agreement, in order to ensure its uniform application in the territories of Member Countries. Article 29.- National judges who are
conducting a proceeding in which one of the rules comprising the legal
system of the Cartagena Agreement should be applied, may request the
Court’s interpretation of such rules, providing the verdict is susceptible
of appeals under municipal laws. Should the opportunity arise to pass
judgement without having received the Court’s interpretation, the judge
must decide the case. Article 30.- The Court’s interpretation must be limited to specifying the contents and scope of the rules of the legal system governing the Cartagena Agreement. The Court may neither interpret the contents and scope of municipal laws nor determine the merits of matters concerning the proceeding. Article 31.- The judge who is conducting the proceeding must adopt the Court’s interpretation. … Article 33.- Member Countries shall not submit any controversy arising from the application of rules comprising the legal system of the Cartagena Agreement to any court, arbitration system or proceeding other than those contemplated herein. Member Countries hereby agree to make use of the procedure established in Article 23 of the Cartagena Agreement only for controversies arising between any one of them and another Contracting Party of the Montevideo Treaty that is not a member of the Agreement. By-Laws Article 2.- The Court - the jurisdictional body instituted to ensure respect for the law in the application and interpretation of the legal system of the Agreement - is governed by the Treaty, these Bylaws and by the Internal Rules. Article 80.- Individuals or companies whose rights are affected by the noncompliance of a Member Country, shall be entitled to turn to that country’s competent courts in accordance with its municipal laws, claiming the fulfillment of Article 5 of the Treaty. Protocol of Cochabamba Article 17. It is up to the Court to declare null and void the decisions of the Andean Council of Ministers for Foreign Affairs, the Andean Community Commission, the resolutions of the General Secretariat and the agreements referred to in section “e” of Article 1 that are handed down or agreed to in violation of the rules that make up the legal structure of the Andean Community, including by misuse of powers, when they are disputed by a member country, the Andean Council of Ministers for Foreign Relations, the Andean Community Commission, the General Secretariat, or natural or juridical persons under the conditions provided for in Article 19 of this Treaty. Article 18. The member countries may only seek nullification in relation to those decisions or agreements for which they have not cast a favorable vote. Article 19. Natural and juridical persons may seek nullification of the decisions of the Andean Council of Ministers for Foreign Affairs, the Andean Community Commission, the resolutions of the General Secretariat or the agreements affecting their individual rights or legitimate interests. Article 20. Nullification must be sought
before the Court within two years after the entry into force of the
decision of the Andean Council of Ministers for Foreign Affairs, the
Andean Community Commission, the resolution of the General Secretariat or
the agreement that is the object of such action. Article 21. The lodging of the nullification action will not affect the effect or force of the challenged rule or agreement. … Article 23. When the General Secretariat
considers that a member country has failed to meet obligations arising
from the rules or agreements constituting the legal structure of the
Andean Community, it will communicate its observations in writing. The
member country must answer within the term allotted by the General
Secretariat in accordance with the seriousness of the case, a period not
to exceed sixty days. Once the response is received or the time has
expired, the General Secretariat, in accordance with its rules of
procedure, and within the next fifteen days, shall issue a ruling on the
status of compliance with such obligations, citing reasons for the
conclusions. Article 24. When a member country considers
that another member country has failed to meet obligations arising from
the rules that make up the legal structure of the Andean Community, it
will bring the case to the General Secretariat with the background of the
case, for the General Secretariat to take action leading to the remedy of
the violation within the term referred to in the first paragraph of the
preceding Article. Once the response is received or the term has expired
without positive results having been obtained, the General Secretariat, in
accordance with its rules of procedure, and within fifteen days, shall
issue a ruling on the status of compliance with such obligations, citing
reasons for the conclusions. Article 25. Natural or juridical persons
whose rights are affected by the failure of a member country to comply may
take their case to the General Secretariat and to the Court, under the
procedures provided for in Article 24. Article 26. In cases where a resolution certifying the existence of a encumbrance or restriction has been issued, or when it is a case of a flagrant violation, the General Secretariat, in accordance with its rules of procedure, shall issue as quickly as possible a ruling citing reasons, based on which the Secretariat or the affected member country may take the case directly to the Court. … Article 31. Natural or juridical persons shall have the right to appear before the competent national courts, in accordance with the provisions of domestic law, when member countries fail to comply with the provisions of Article 4 of this treaty, in cases where their rights are affected by such failure. Article 32. It is the Court’s responsibility to give a pre-judicial interpretation of the rules that make up the legal structure of the Andean Community, in order to ensure that they are uniformly enforced throughout the territory of the member countries. Article 33. National judges hearing a
proceeding in which any of the rules making up the legal structure of the
Andean Community are to be applied or are the subject of dispute may
directly request the interpretation of the Court on such rules, provided
that the ruling is subject to appeal under domestic law. If the time comes
for a ruling without the Court’s interpretation having been received, the
judge must make a ruling. Article 34. The judge hearing the proceedings shall, in his ruling, limit himself to considering the content and scope of the rules making up the legal structure of the Andean Community related to the specific case. The Court may not interpret the content and scope of domestic law nor judge the factual issues of the case, notwithstanding which he may refer to these when it is essential for purposes of the interpretation being sought. Article 35. The judge handling the case shall adopt the Court’s interpretation in his ruling. Article 36. The member countries of the Andean Community will oversee the enforcement of the provisions of this treaty, and in particular of the observance by national judges of that which is set forth in this section. Article 37. When the Andean Council of
Ministers for Foreign Affairs, the Andean Community Commission or the
General Secretariat fail to carry out an activity that they were
explicitly obligated to perform by virtue of the legal structure of the
Andean Community, said organs, the member states or natural or juridical
persons meeting the conditions described in Article 19 of this treaty may
demand compliance with those obligations. Within thirty days following the filing of the appeal, the Court shall issue the appropriate court order, based on existing technical documentation, the history of the case, and the explanations of the organ that is the target of the appeal. Said order, which shall be published in the Gaceta Oficial of the Cartagena Agreement, shall indicate the form, method and term within which the entity that is the target of the appeal must comply with its obligation. Article 38. The Court has authority to
settle, through arbitration, disputes that arise regarding the enforcement
or interpretation of contracts, pacts or agreements signed by organs and
institutions of the Andean System of Integration, or between them and
third parties, when the parties so agree. Article 39. The General Secretariat has
authority to settle, through arbitration, disputes brought before it by
private parties regarding the enforcement or interpretation of elements of
private contracts governed by the legal structure of the Andean Community. Article 40. The Court has authority to hear labor disputes that arise in the organs and institutions of the Andean Integration System. … Article 42. The member countries will not
submit any dispute that arises in regard to the enforcement of the rules
that make up the legal structure of the Andean Community to any court,
arbitration system or procedure different from those envisaged in this
treaty. CARICOM Article 19: Settlement of Disputes Annex: Article 11 - Disputes Procedure
Within the Common Market Annex: Article 12 - Reference to Tribunal 9. Member States undertake to employ the procedures set out in this Article for the settlement of any dispute specified in paragraph 1 of Article11 and to refrain from any other method of disputes settlement. Protocol Amending the Treaty Article V Article 7(a) Article 8
CACM Article XXVI Protocol of Tegucigalpa Article 35. …. Any disagreement on the application or interpretation of the provisions contained in this protocol and other instruments referred to in the preceding paragraph shall be put before the Central American Court of Justice. Transitional Provisions Article 3. For the purposes of what is established in paragraph 2 of Article 35, and as long as the Central American Court of Justice is not in existence, disputes on the application or interpretation of the provisions contained in this protocol will be submitted to the Central American Judicial Council. GROUP OF THREE Article 19-02: Scope
2. If one Party increases a tax on imports, the Parties may negotiate an appropriate compensation mechanism before recurring to a dispute settlement procedure. Article 19-03: Settlement of Disputes in accordance with the GATT 1. Any dispute arising in relation to the provisions of this Treaty or of the GATT, or in agreements negotiated in accordance with it, may be settled in either forum, as the claimant desires. 2. Before a party undertakes a dispute settlement procedure through GATT citing motives that are substantially the same as those that could be invoked under the terms of this Treaty, the following rules shall apply:
3. Once a Party has begun a settlement procedure in accordance with Article 19-06 of this Treaty or in accordance with the GATT, it shall not take the same matter to the other forum. 4. For all effects and purposes regarding the present Article, a settlement of disputes procedure in accordance with the GATT shall be considered to have been initiated when a Party requests:
Article 19-04: Settlement of Disputes in accordance with the Cartagena Agreement 1. The Parties shall be subject to the following stipulations regarding competence:
2. Submission of a dispute to a body competent under the Cartagena Agreement shall not affect any of the rights that Mexico enjoys under the terms of this Treaty. Annex to Article 19-02: Nullification and Impairment. 1. A Party shall have resort to the settlement of disputes mechanism established in this Chapter when it considers that the implementation of a measure that does not violate the Treaty, does nullify or impair the benefits that could have been reasonably expected from the application of Chapters III through IX (with the exception of the provisions regarding investment in the automobile sector), Chapter X, Chapter XIV, Chapter XV or Chapter XVI. 2. Paragraph 1 of this Article shall be applicable even when the Party against whom the claim is made invokes a general exception under Article 22-01, except in the case of a general exception for transborder trade in services. MERCOSUR Treaty of Asuncion Annex III: Settlement of Disputes 1. Any dispute arising between the States Parties as a result of the application of the Treaty… Protocol of Brasilia Article 1. The disputes which arise between the State Parties regarding the interpretation, application or non-compliance of the dispositions contained in the Treaty of Asuncion, of the agreements celebrated within its framework, as well as any decisions of the Common Market Council and the resolutions of the Common Market Group, will be submitted to the procedure for resolution established in the present Protocol. 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. Rules Article 1 The Directives of the Trade Comission, in conformity with that established in article 43 of the Protocol of Ouro Preto, are incorporated into articles 1, 19 y 25 of the Protocol of Brasilia. Protocol of Ouro Preto Chapter I: Structure of Mercosul Article 21. In addition to the duties and functions described in Articles 16 and 19 of this Protocol, the Mercosul Trade Commission shall be responsible for considering complaints referred to it by the National Sections of the Mercosul Trade Commission and originated by States Parties or individuals, whether natural or legal persons, relating to the situations provided for in Article 1 or 25 of the Brasilia Protocol, when they fall within its sphere of competence. 1. The examination of the aforesaid complaints within the Mercosul Trade Commission shall not prevent the complainant State Party taking action under the Brasilia Protocol for the Settlement of Disputes. 2. Complaints arising in the circumstances described in this Article shall be dealt with in accordance with the procedure laid down in the Annex to this Protocol. Chapter VI: Dispute Settlement Article 43. Disputes which arise between the States Parties concerning the interpretation, application or non-fulfillment 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. Annex: General Procedure for Complaints to the Mercosul Trade Commission Article 1. Complaints submitted by the National Sections of the Mercosul Trade Commission and originated by States Parties or individuals, whether natural or legal persons, in accordance with the provisions of Article 21 of the Protocol of Ouro Preto shall be subject to the procedure laid down in this Annex. NAFTA Article 2001: The Free Trade Commission 2. The Commission shall: ….
Article 2004: Recourse to Dispute Settlement Procedures Except for the matters covered in Chapter Nineteen (Review and Dispute Settlement in Antidumping and Countervailing Duty Matters) and as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of this Agreement or wherever a Party considers that an actual or proposed measure of another Party is or would be inconsistent with the obligations of this Agreement or cause nullification or impairment in the sense of Annex 2004. Annex 2004: Nullification and Impairment 1. If any Party considers that any benefit it could reasonably have expected to accrue to it under any provision of:
is being nullified or impaired as a result
of the application of any measure that is not 2. A Party may not invoke:
Article 2005: GATT Dispute Settlement 1. Subject to paragraphs 2, 3 and 4, disputes regarding any matter arising under both this Agreement and the General Agreement on Tariffs and Trade, any agreement negotiated thereunder, or any successor agreement (GATT), may be settled in either forum at the discretion of the complaining Party. 2. Before a Party initiates a dispute settlement proceeding in the GATT against another Party on grounds that are substantially equivalent to those available to that Party under this Agreement, that Party shall notify any third Party of its intention. If a third Party wishes to have recourse to dispute settlement procedures under this Agreement regarding the matter, it shall inform promptly the notifying Party and those Parties shall consult with a view to agreement on a single forum. If those Parties cannot agree, the dispute normally shall be settled under this Agreement. 3. In any dispute referred to in paragraph 1 where the responding Party claims that its action is subject to Article 104 (Relation to Environmental and Conservation Agreements) and requests in writing that the matter be considered under this Agreement, the complaining Party may, in respect of that matter, thereafter have recourse to dispute settlement procedures solely under this Agreement. 4. In any dispute referred to in paragraph 1 that arises under Section B of Chapter Seven (Sanitary and Phytosanitary Measures) or Chapter Nine (Standards-Related Measures):
5. The responding Party shall deliver a copy of a request made pursuant to paragraph 3 or 4 to the other Parties and to its Section of the Secretariat. Where the complaining Party has initiated dispute settlement proceedings regarding any matter subject to paragraph 3 or 4, the responding Party shall deliver its request no later than 15 days thereafter. On receipt of such request, the complaining Party shall promptly withdraw from participation in those proceedings and may initiate dispute settlement procedures under Article 2007. 6. Once dispute settlement procedures have been initiated under Article 2007 or dispute settlement proceedings have been initiated under the GATT, the forum selected shall be used to the exclusion of the other, unless a Party makes a request pursuant to paragraph 3 or 4. 7. For purposes of this Article, dispute settlement proceedings under the GATT are deemed to be initiated by a Party's request for a panel, such as under Article XXIII:2 of the General Agreement on Tariffs and Trade 1947, or for a committee investigation, such as under Article 20.1 of the Customs Valuation Code. Article 2020: Referrals of Matters from Judicial or Administrative Proceedings 1. If an issue of interpretation or application of this Agreement arises in any domestic judicial or administrative proceeding of a Party that any Party considers would merit its intervention, or if a court or administrative body solicits the views of a Party, that Party shall notify the other Parties and its Section of the Secretariat. The Commission shall endeavor to agree on an appropriate response as expeditiously as possible. 2. The Party in whose territory the court or administrative body is located shall submit any agreed interpretation of the Commission to the court or administrative body in accordance with the rules of that forum. 3. If the Commission is unable to agree, any Party may submit its own views to the court or administrative body in accordance with the rules of that forum. Article 2021: Private Rights 1. No Party may provide for a right of action under its domestic law against any other Party on the ground that a measure of another Party is inconsistent with this Agreement. TRIPARTITE TREATY Article XXIX. Disputes that may arise on the interpretation or application of any of the clauses of this Treaty shall be submitted for consideration of the Executive Council, which will decide the matter. CARICOM-COLOMBIA Article 2: The Joint Council 3. The functions of the Joint Council shall
be: Article 21: Settlement of Disputes CARICOM-VENEZUELA Article 2: The Joint Council 3. The functions of the Joint Council shall
be: Article 17: Settlement of Disputes 1. The Joint Council is the body responsible for the resolution of disputes which may arise with regard to the interpretation, application, execution or failure to comply with the provisions of this Agreement. CENTRAL AMERICA - DOMINICAN REPUBLIC Article 1603: Scope Unless otherwise stated in this Agreement, the procedure herein shall apply:
Article 16.04: Dispute Settlement under the Understanding 1. Any dispute related to the application of this Agreement or the Agreement Establishing the WTO or the agreements negotiated pursuant to the WTO Agreement may be settled in any such fora, at the claiming Party’s discretion. 2. Upon request by any Party to establish a panel in compliance with either this Chapter or the Understanding, the forum selected shall exclude all other fora. 3. For the purposes of this Article, a dispute settlement procedure shall be deemed initiated under the Understanding if a Party requests that:
… Article 16.18: Judicial and Administrative Fora 1. The Council shall, at its earliest convenience, agree on an adequate non-binding interpretation or response where:
A Party where the court or administrative agency is located shall present to such court or agency the Council’s response, in compliance with the procedures of the forum in question. 3. Should the Commission fail to reach an agreement, either Party may submit its own opinion to the court or administrative body, in compliance with the procedures of the forum in question. … MERCOSUR-BOLIVIA Article 21. The disputes which may arise from the enforcement of this Agreement shall be settled in accordance with the Dispute Settlement Procedure provided for in Annex 11 thereto. Annex 11 Article 1 Disputes among the Contracting Parties regarding the interpretation, application of or non-compliance with the provisions of the MERCOSUR - Bolivia Partial Agreement of Economic Complementation (hereinafter called “the Agreement”) and the instruments and protocols signed or to be signed within its framework shall abide by the Dispute Settlement Procedure described in this Annex, which is part of this Agreement. Article 14 The dispute settlement procedure referred to in this Annex shall be in force for a maximum of three (3) years, after which time a new facility shall be established which shall include an arbitration procedure, to be implemented from the beginning of the fourth year of the entry into force of this Agreement, at the latest. Where the Parties fail to complete negotiations or no agreement is reached on said procedure, within the timeframe established in the previous paragraph, the Parties shall adopt the arbitration procedure established in Chapter IV of the Brasilia Protocol, a copy of which is attached hereto. MERCOSUR-CHILE Article 22. The disputes regarding the interpretation, application of and non-compliance with this Agreement and the Protocols thereof shall be settled in accordance with the Dispute Settlement Procedure provided for in Annex 14 thereto. Annex 14 Article 1 Disputes among the Contracting Parties regarding the interpretation, application of or non-compliance with the provisions of the MERCOSUR - Chile Partial Agreement of Economic Complementation (hereinafter called “the Agreement”) and the instruments and protocols signed or to be signed within its framework shall abide by the Dispute Settlement Procedure described in this Annex, which is part of this Agreement. Article 14 The dispute settlement procedure referred to in this Annex shall be in force for a maximum of three (3) years, after which time a new facility shall be established which shall include an arbitration procedure, to be implemented from the beginning of the fourth year of the entry into force of this Agreement, at the latest. Where the Parties fail to complete negotiations or no agreement is reached on said procedure, within the timeframe established in the previous paragraph, the Parties shall adopt the arbitration procedure established in Chapter IV of the Brasilia Protocol, a copy of which is attached hereto. ARGENTINA-CHILE Article 27 Disputes that may arise in the execution of this Agreement… Second Additional Protocol l Article 1 1. Disputes arising between signatory countries on the interpretation or application of, or non-compliance with the provisions of the Economic Complementarity Agreement signed on August 2, 1991, and on the agreements, protocols, and other supplementary decisions or resolutions signed or to be signed within the framework of said Agreement, shall be subject to the dispute settlement procedures established in this Resolution. ARGENTINA-VENEZUELA Article 21. Disputes that may arise in the execution of this Agreement … BOLIVIA-CHILE Article 26 For settlement of disputes that may arise from the interpretation, implementation, or non-enforcement of the provisions of this Agreement, or any other type of dispute not envisaged in Chapter V, the signatory countries shall be subject to the procedure indicated in the following articles. BOLIVIA- MEXICO Article 19-02: Scope Unless otherwise stated in this Agreement, the procedure herein shall apply:
Article 19-03: Dispute Settlement pursuant to GATT 1. Any dispute related to the application of this Agreement and GATT and the agreements negotiated under the latter may be settled in either forum, at the claiming Party’s discretion. 2. Upon initiation of a dispute settlement procedure in compliance with either Article 19-05 herein or pursuant to GATT, the forum selected shall exclude all other fora. 3. For the purposes of this Article, a dispute settlement procedure shall be deemed initiated under GATT where a Party requests.
Article 19-16: Interpretation of the Agreement before Domestic Judicial or Administrative Fora 1. Where a matter related to the interpretation or application of this Agreement arises during an internal judicial or administrative proceeding of a Party and the other Party considers that it should intervene, or where a court or administrative body of a Party requests the other Party’s opinion, the Party where the court or administrative body is located shall advise the other Party and its National Section of the Secretariat. The Commission shall, at its earliest convenience, agree on an adequate response. 2. The Party where the court or administrative body is located shall present to such court or body the Commission’s interpretation, in compliance with the procedures of the forum in question. 3. Should the Commission fail to agree on an interpretation, either Party may submit its own opinion to the court or administrative body, in compliance with the procedures of the forum in question. Annex to Article 19-02: Nullification and Impairment 1. The Parties may have recourse to the dispute settlement procedure herein where they consider that a measure, while not inconsistent with this Agreement, is nullifying or impairing the benefits they may have reasonably expected to accrue from the application of the following provisions:
2. Regarding any measure subjected to a waiver pursuant to Article 20-01 (General Exceptions), a Party may not invoke:
BRAZIL-PERU Article 33. Differences and disputes that may arise in carrying out the present agreement will be subject to the procedure provided for in Annex IV. Annex IV. Dispute Settlement Mechanism For the settlement of disputes that may arise by virtue of the interpretation of the provisions contained in this agreement, as well as in their application or the failure to comply with them, or disputes of any other nature, the signatory countries will submit to the following procedure:… CANADA-CHILE Article N-01: The Free Trade Commission
Article N-05: WTO Dispute Settlement 1. Subject to paragraph 2, disputes regarding any matter arising under both this Agreement and the WTO Agreement, any agreement negotiated thereunder, or any successor agreement, may be settled in either forum at the discretion of the complaining Party. 2. In any dispute referred to in paragraph 1 where the responding Party claims that its action is subject to Article A-04 (Relation to Environmental and Conservation Agreements) and requests in writing that the matter be considered under this Agreement, the complaining Party may, in respect of that matter, thereafter have recourse to dispute settlement procedures solely under this Agreement. 3. The responding Party shall deliver a copy of a request made pursuant to paragraph 2 to its Section of the Secretariat and the other Party. Where the complaining Party has initiated dispute settlement proceedings regarding any matter subject to paragraph 2, the responding Party shall deliver its request no later than 15 days thereafter. On receipt of such request, the complaining Party shall promptly withdraw from participation in those proceedings and may initiate dispute settlement procedures under Article N-07. 4. Once dispute settlement procedures have been initiated under Article N-07 or dispute settlement proceedings have been initiated under the WTO Agreement, the forum selected shall be used to the exclusion of the other, unless a Party makes a request pursuant to paragraph 2. 5. For purposes of this Article, dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for a panel, such as under Article 6 of the DSU. Article N-19: Referrals of Matters from Judicial or Administrative Proceedings 1. If an issue of interpretation or application of this Agreement arises, in any domestic judicial or administrative proceeding of a Party, that either Party considers would merit its intervention, or if a court or administrative body solicits the views of a Party, that Party shall notify its Section of the Secretariat and the other Party. The Commission shall endeavour to agree on an appropriate response as expeditiously as possible. 2. The Party in whose territory the court or administrative body is located shall submit any agreed interpretation of the Commission to the court or administrative body in accordance with the rules of that forum. 3. If the Commission is unable to agree, each Party may submit its own views to the court or administrative body in accordance with the rules of that forum. Article N-20: Private Rights Neither Party may provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement. Annex N-04: Nullification and Impairment 1. If a Party considers that any benefit it could reasonably have expected to accrue to it under any provision of:
is being nullified or impaired as a result of the application of any measure that is not inconsistent with this Agreement, the Party may have recourse to dispute settlement under this Chapter. 2. A Party may not invoke:
with respect to any measure subject to an exception under Article O-01 (General Exceptions). CHILE-COLOMBIA Article 32. For settlement of disputes that may arise from the interpretation, implementation or non-enforcement of the provisions of this Agreement, or any other type of dispute not envisaged in Chapter VI, the signatory countries shall be subject to the following procedure: … Article 33…. The Commission shall have the following attributions:
CHILE-ECUADOR Article 32. For the settlement of disputes that may arise as a result of the interpretation of the provisions contained in this agreement, as well as of its application or non-fulfillment or of any other nature distinct from that provided for in Chapter VI, the signatory countries will submit to the following procedure: … Article 33… . The Committee will have the following attributions: …
CHILE- MEXICO Article 33. Article 34…. The Committee shall have the following attributions: ….
Free Trade Agreement Article 17-01: Free Trade Commission … 2. The Commission shall have the following functions: …
Article 18-02: Scope Unless otherwise provided herein, the procedures of this chapter shall apply:
Article 18-03: Settlement of disputes in accordance with the WTO Agreement 1. All disputes arising out of this Treaty, the WTO Agreement, and agreements negotiated in accordance therewith, may be resolved in either forum, at the choice of the objecting Party. 2. Once a dispute settlement procedure has been initiated in accordance with article 18.05, or in accordance with the WTO Agreement, the forum selected shall be exclusive unless one of the Parties submits a request in accordance with paragraph 3. 3. In the disputes referred to in paragraph 1, when the Party affected alleges that its action is subject to article 1-06 (Concerning environmental and conservation treaties), and requests in writing that the matter be examined as specified herein, the objecting Party may only have recourse subsequently, in this regard, to the settlement dispute procedures established herein. 4. The Party affected shall deliver a copy of the request prepared in accordance with paragraph 3 to the other Party and to its own section of the Secretariat. When the objecting Party has initiated the dispute settlement procedure in any matter covered in paragraph 3, the Party affected shall deliver the respective request within 15 days. Upon receipt of the request, the objecting Party shall refrain thenceforth from intervening in such procedures and shall initiate the dispute settlement procedure in accordance with article 18-05. 5. For the purposes of this article,
dispute settlement procedures will be considered to have been initiated in
accordance with the WTO Agreement when one of the Parties requests the
formation of a special group in accordance with article 6 of the
Understanding relative to the rules and procedures for settling disputes,
which forms part of the WTO Agreement. 1. If an issue of interpretation or application of this Treaty arises in internal judicial or administrative proceedings of one of the Parties, and the other Party considers that it warrants intervention, or if an administrative or judicial authority of one of the Parties seeks the opinion of the other Party, the Party in whose territory such authority is located shall notify the other Party or its section in the Secretariat. The Commission shall agree as promptly as possible on a suitable response. 2. The Party in whose territory such judicial or administrative authority is located shall present to the latter any interpretation agreed on by the Commission, in accordance with the procedures of this forum. 3. If the Commission is unable to reach agreement, either Party may submit its own opinion to the judicial or administrative authority, in accordance with the procedures of this forum. Article 18-18: Rights of individual Neither Party may grant a right of action
in its legislation against the other Party on grounds that a measure
adopted by the other Party is incompatible with this Treaty. Nullifcation and impairment 1. Either Party may have recourse to the dispute settlement mechanism described herein when, as a result of the application of a measure not in violation of the Treaty, the party considers that benefits are being nullified or impaired that it could reasonably have expected to receive from the application:
2. With respect to measures subject to a waiver in accordance with article 19-02 (General waivers), neither Party may invoke:
CHILE- PERU Article 30 Disputes arising from the interpretation, application, or non-enforcement of this Agreement, its Annexes and the protocols signed within the framework of said Agreement shall be settled in accordance with the Dispute Settlement Regime set forth in Annex 8 of this Agreement. Annex 8 - Dispute Settlement Regime Article 1 Disputes arising between the signatory countries regarding the interpretation, application, or non-enforcement of the provisions of the Economic Complementarity Agreement between Chile and Peru for the Establishment of a Free Trade Area, hereinafter “the Agreement,” or any other type of dispute different from those envisaged in Chapter VI of the Agreement, shall be subjected to the Dispute Settlement procedure established in this Annex, which is an integral part of the Agreement. Article 17 Disputes arising in relation to the
provisions of this Agreement, the Marrakesh Agreement establishing the
World Trade Organization (hereinafter the “WTO Agreement”), and the
agreements negotiated in accordance therewith, may be settled in either
forum, at the election of the signatory country filing the complaint. CHILE-VENEZUELA Article 31. For settlement of disputes that
may arise from the interpretation, implementation or non-enforcement of
the provisions of this Agreement, or any other type of dispute not
envisaged in Chapter VI, the signatory countries shall be subject to the
following procedure: COLOMBIA-HONDURAS Article 20. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. COLOMBIA-NICARAGUA Article 19. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. COSTA RICA-ARGENTINA Article 9 To facilitate compliance with and
development of this Agreement, the Contracting Parties agree to set up a
Joint Costa Rican-Argentine Economic Cooperation and Trade Commission….
COSTA RICA-COLOMBIA Article 18. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. COSTA RICA- MEXICO Article 16-01:
Administrative Commission
Article 17-02: Scope Unless otherwise stated in this Agreement, the procedure herein shall apply:
Article 17-03: Dispute Settlement pursuant to GATT 1. Any dispute related to the application of this Agreement and GATT or the agreements negotiated under the latter may be settled in either forum, at the claiming Party’s discretion. 2. Upon initiation of a dispute settlement procedure in compliance with either Article 17-06 herein or pursuant to GATT, the forum selected shall exclude all other fora. 3. For the purposes of this Article, a dispute settlement procedure shall be deemed initiated under GATT where a Party requests
… 1. Where a matter related to the interpretation or application of this Agreement arises during an internal judicial or administrative proceeding of a Party and the other Party considers that it should intervene, or where a court or administrative body of a Party requests the other Party’s opinion, the Party where the court or administrative body is located shall advise the other Party and its National Section of the Secretariat. The Commission shall, at its earliest convenience, agree on an adequate response. 2. The Party where the court or administrative body is located shall present to such court or body the Commission’s interpretation, in compliance with the procedures of the forum in question. 3. Should the Commission fail to reach an agreement, any of the Parties may submit its own opinion to the court or administrative body, in compliance with the procedures of the forum in question. Annex to Article 17-02: Nullification and Impairment 1. A Party may have recourse to the dispute settlement procedure herein where it considers that a measure, while not inconsistent with this Agreement, is nullifying or impairing the benefits it may have reasonably expected to accrue from the application of the following provisions:
2. Regarding any measure subjected to a waiver pursuant to Articles 9-16 (Waivers) or 18-01 (General Exceptions), a Party may not invoke
COSTA RICA-URUGUAY Article XII The Contracting Parties agree to create a Costa Rican-Uruguayan Joint Economic Cooperation Commission…. The essential duties of the Joint Commission shall be:
COSTA RICA-VENEZUELA Basic Convention Article 8 The Contracting Parties shall make all efforts to settle, through direct diplomatic negotiations, any disputes that may arise between them, related to the interpretation or execution of this Agreement. Convention of Partial Scope Article 46.- The Commission…shall have, inter alia, the following attributions:
DOMINICAN REPUBLIC-COSTA RICA Article XI The Contracting Parties agree to create a standing Joint Commission to execute the Clauses of this Agreement,…whose functions shall be: …
Article XVI Any disputes that may arise concerning the interpretation and application of any of the clauses of this Contract shall be settled peacefully between the Parties, in a spirit of collaboration and for the benefit of both Parties. ECUADOR-ARGENTINA Article 23. Disputes that may arise as a result of the implementation of this Agreement shall be settled by direct negotiations between the signatory countries…Likewise, the Council shall approve a final dispute settlement procedure six months after its establishment. ECUADOR-MEXICO Article 33 ECUADOR-PARAGUAY Article 40. To submit to the governments of the signatory countries proposals deemed appropriate for settling disputes that may arise as a result of the interpretation and application of this Agreement. ECUADOR-URUGUAY Article 22. Disputes that may arise as a result of the implementation of this Agreement shall be settled by direct negotiations between the signatory countries…Likewise, the Council shall approve a final dispute settlement procedure six months after its establishment. EL SALVADOR-COLOMBIA Article 19. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. GUATEMALA-COLOMBIA Article 19. In order to ensure a direct information channel that would facilitate the enforcement of this Agreement and help achieve the objectives thereof, the Governments of the Signatory Countries shall establish an administrative authority to process any consultations by the Parties and administer the provisions of this Agreement on a permanent basis. MEXICO - NICARAGUA Article 19-01: Administrative Commission
… Unless otherwise stated in this Agreement, the procedure herein shall apply:
Article 20-03: Dispute Settlement under the Agreement Establishing the WTO 1. Any dispute related to the application of this Agreement and the Agreement Establishing the WTO may be settled in either forum, at the claiming Party’s discretion. 2. Upon initiation of a dispute settlement procedure in compliance with either Article 20-06 herein or pursuant to the Agreement Establishing the WTO, the forum selected shall exclude all other fora. 3. For the purposes of this Article, a dispute settlement procedure shall be deemed initiated under the Agreement Establishing the WTO where a Party requests that a panel be established pursuant to Article 6 of the Understanding Concerning the Rules and Procedures Governing the Settlement of Disputes under the WTO. Article 20-17: Proceedings before Domestic Judicial and Administrative Fora 1. Where a matter related to the interpretation or application of this Agreement arises during an internal judicial or administrative proceeding of a Party and the other Party considers that it should intervene, or where a court or administrative body of a Party requests the other Party’s opinion, the Party where the court or administrative body is located shall advise the other Party and the National Secretariat. The Commission shall, at its earliest convenience, agree on an adequate response. 2. The Party where the court or administrative body is located shall present to such court or body the Commission’s response, in compliance with the procedures of the forum in question. 3. Should the Commission fail to reach an agreement, either Party may submit its own opinion to the court or administrative body, in compliance with the procedures of the forum in question. Annex to Article 20-02: Nullification and Impairment 1. The Parties may have recourse to the dispute settlement procedure herein where they consider that a measure, while not inconsistent with this Agreement, is nullifying or impairing the benefits they may have reasonably expected to accrue from the application of the following provisions:
2. Paragraph 1 shall apply even where the defending Party invokes a general exception under Article 21-01, unless the exception applies to cross-border trade in services. PANAMA-COLOMBIA Article 32. Disputes that may arise in the
execution of this Agreement shall be settled by means of direct
consultations between the coordinating entities of the Parties. PANAMA-COSTA RICA Article 24
Article 25 Rules Article 17: The Permanent Mixed Commission
shall have the following attributions:
…. PANAMA- DOMINICAN REPUBLIC Article XVII The Permanent Mixed Commission shall have the following attributions: ….
Article XVIII The Contracting Parties agree to settle any disputes regarding the interpretation or implementation of any of the clauses of this agreement, within the spirit thereof and pursuant to the provisions of its Regulations. PANAMA-EL SALVADOR Article 18 The States Parties agree to settle fraternally within the spirit of this Treaty, disputes that may arise as to the interpretation or application of any provisions herein, in accordance with the Rules. … In no case shall the Parties take unilateral restrictive trade measures without prior consultation within the Permanent Mixed Commission. Rules Article 20: The Permanent Mixed Commission
shall have the following attributions:
Article 30: Differences and disputes arising between the Parties from the interpretation or application of the Treaty or Regulations shall, in the first instance, be settled by the States Parties through direct settlement between the Administrative Authorities. PANAMA-GUATEMALA Article 22
Article 23 Rules Article 20: The Permanent Mixed Commission
shall have the following attributions:
Article 31: Any differences and disputes between the parties regarding the interpretation or implementation of the Treaty and Rules shall initially be resolved by the Administrative Authorities in direct contact with each other.
PANAMA-HONDURAS Article 24 The Permanent Mixed Commission shall have the following attributions: ….
Article 25 The Signatory States agree to settle within the spirit of this Treaty and in conformity with its rules, disputes that may arise in the interpretation or application of any of its norms. PANAMA - MEXICO Article 25
…
PANAMA - NICARAGUA Article 24
Article 25 The Signatory States agree to resolve any differences that may come up regarding the interpretation or application of any of the clauses of this treaty within the spirit of the Treaty and in accordance with the provisions of its duly published Rules. Rules Article 16: The Permanent Mixed Commission
shall have the following attributions:
Article 26: Any differences and disputes between the parties regarding the interpretation or application of the Treaty and the Rules, as well as competition problems facing an enterprise or branch of industry, shall be resolved by the Administrative Authorities in direct contact with each other.
ALADI (LAIA) Resolution 114 Single Article 2. All requests must be duly justified by attaching thereto the necessary background documentation to that effect. 3. Consultations shall begin within five
days after the request is processed and shall conclude ten working days
after consultations begin. In this regard, the member countries agree to
respond diligently to requests for consultations submitted to them, and to
carry them out without delay in order to reach a mutually satisfactory
solution. 4. Should no satisfactory solution be achieved between the parties directly involved in the dispute at the end of the consultation period, the member countries may submit the matter to the Committee of Representatives, as provided in Article 34 (m) of the 1980 Treaty of Montevideo. GROUP OF THREE Article 19-01: Cooperation. Article 19-05: Consultations. 1. A Party may request, in writing, consultations with any other Party regarding any measure or other matter that it considers might affect the operation of the Treaty. 2. The Party initiating the procedure in
accordance with paragraph 1 shall deliver the request to the responsible
national bodies of the other Parties.
MERCOSUR Treaty of Asuncion Annex III: Settlement of Disputes 1. Any dispute arising between the States Parties as a result of the application of the Treaty shall be settled by means of direct negotiations. Protocol of Brasilia Article 2 The State Parties to any dispute shall first attempt to resolve it through direct negotiations. Article 3 1. In any dispute, the State Parties will inform the Common Market Group, through the Administrative Secretariat, regarding the actions that are undertaken during the negotiations and their results. 2. The direct negotiations cannot, except pursuant to an agreement between the parties, exceed a time limit of fifteen (15) days from the date that one of the State Parties originally raised the dispute. Rules Article 2. The direct negotiations referred to in Article 2 of the Brasilia Protocol will be carried out through the National Coordinators of the Common Market Group (CMG) of the States involved in the dispute. Article 3: The period of fifteen (15) days established in Article 3.2 of the Brasilia Protocol shall be calculated from the date on which the State Party raising a dispute informs the other State Party or States Parties involved of its complaint. It shall so inform them through the national Coordinators of the CMG. NAFTA Article 2003: Cooperation The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article 2006: Consultations 1. Any Party may request in writing consultations with any other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Agreement. 2. The requesting Party shall deliver the
request to the other Parties and to its Section of the Secretariat. 5. The consulting Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter through consultations under this Article or other consultative provisions of this Agreement. To this end, the consulting Parties shall:
CENTRAL AMERICA - DOMINICAN REPUBLIC Article 16:02: Cooperation The Parties shall endeavor to reach agreement on the interpretation and the application of this Treaty through cooperation and consultations, and shall attempt to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article 16.06: Consultations 1. Any Party may request in writing consultations with the other Party or Parties regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Treaty within the terms of Article 16.03. 2. The requesting Party shall deliver the request to the Council and to the other Parties. 3. The consulting Parties shall:
MERCOSUR-BOLIVIA Annex 11 Article 2 The Parties shall endeavor to settle the disputes referred to in Article 1 above through reciprocal consultations and direct negotiations in order to achieve a mutually satisfactory solution. Article 3 Any of the Parties to a dispute may request in writing to the other Party to hold consultations and direct negotiations and shall advise the Administrative Commission, hereinafter called “the Commission.” Article 4 The Parties shall provide the necessary information to examine the case and shall keep such information confidential. The Parties shall initiate negotiations to agree on a solution. Negotiations shall take no longer than thirty (30) days from the date a formal request for consultations was received, unless the Parties agree to extend such period for another thirty (30) days. MERCOSUR-CHILE Annex 14 Article 2 The Parties shall endeavor to settle the disputes referred to in Article 1 above through reciprocal consultations and direct negotiations in order to achieve a mutually satisfactory solution. Article 3 Any of the Parties to a dispute may request in writing to the other Party to hold consultations and direct negotiations and shall advise the Administrative Commission, hereinafter called “the Commission.” Article 4 The Parties shall provide the necessary information to examine the case and shall keep such information confidential. The Parties shall initiate negotiations to agree on a solution. Negotiations shall take no longer than thirty (30) days from the date a formal request for consultations was received, unless the Parties agree to extend such period for another thirty (30) days. ARGENTINA-CHILE Article 27 Disputes that may arise in the execution of this Agreement shall be settled through direct negotiations between the signatory countries. Second Additional Protocol Article 2 The signatory countries shall make efforts to settle the disputes referred to in Article 1 through direct negotiations. Article 3 1. The countries party to a dispute shall report any action taken during the negotiations and the results thereof to the Economic Complementarity Council (hereinafter “the Council”), established by Article 28 of the Economic Complementarity Agreement, through the respective national coordinating agencies envisaged in Article 7 of Council Resolution 1. 2. The direct negotiations may not exceed a time limit of 30 days from the date on which one of the signatory countries filed the dispute, unless otherwise agreed between the parties. ARGENTINA-VENEZUELA Article 21. Disputes that may arise in the execution of this Agreement shall be settled through direct negotiations between the signatory countries. BOLIVIA-CHILE Article 27 The signatory country that considers itself affected by a situation of application inconsistent with the law or based on an interpretation that is not shared, or noncompliance with the rules of this Agreement, shall communicate its observations in this regard to the other signatory country, through the competent national body referred to in Article 23, and the other signatory shall respond thereto within no more than 15 days. In case the signatory country to whom the request is made fails to respond within the time indicated or that its response does not satisfy the affected signatory country, direct negotiation procedures shall be instituted, immediately, through the competent national agencies referred to in Article 23 or before the Administrative Commission, at the election of the affected signatory country. In the event of the latter choice, the Commission shall be convened within no more than 20 days of notification of the application by the affected signatory country. To better carry out its duty, the Administrative Commission may request technical opinions from individual specialists or independent specialized agencies, which it shall take into consideration as additional elements of the case. Article 28 Should the direct negotiations through the competent national agencies or before the Administrative Commission not lead to a mutually satisfactory settlement of the dispute submitted, within 30 days, subject to extension by mutual agreement, the dispute shall be referred for consideration and judgment to an Arbitration Commission … . BOLIVIA- MEXICO Article 19-01: Cooperation The Parties shall at all times endeavor to reach agreement on the interpretation and the application of this Treaty through cooperation and consultations and shall attempt to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article 19-04: Consultations 1. Any Party may request in writing consultations regarding any actual or proposed measure or on any other matter that it considers might affect the operation of this Treaty. 2. The Party initiating the consultations in accordance with Paragraph 1 shall deliver its request to the National Section of the Secretariat and to the other Party. 3. The Parties shall:
BRAZIL-PERU Annex IV. Dispute Settlement Mechanism CANADA-CHILE Article N-03: Cooperation The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article N-06: Consultations 1. A Party may request in writing consultations with the other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Agreement. 2. The requesting Party shall deliver the request to its Section of the Secretariat and the other Party. 3. Consultations on matters regarding perishable agricultural goods shall commence within 15 days of the date of delivery of the request. 4. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter through consultations under this Article or other consultative provisions of this Agreement. To this end, the Parties shall:
CHILE-COLOMBIA Article 32.…. (a) The affected party shall file a complaint with the competent national body referred to in Article 33 of this Agreement, which shall immediately initiate consultations on the matter with the competent body of the other party. If the dispute that was raised is not resolved within a period of twenty days as from the filing of the complaint, the competent national agency that initiated the consultations shall request the intervention of the Administrative Commission provided for in Article 33 of this Agreement. CHILE-ECUADOR Article 32…. (a) The affected party shall
file a complaint with the competent national body referred to in Article
33 of this Agreement, which shall immediately initiate consultations on
the matter with the competent body of the other Party. CHILE- MEXICO Article 33. …(a) The affected party shall
file a complaint with the competent national body referred to in Article
34 of this Agreement, which shall immediately initiate consultations on
the matter with the competent body of the other party. Free Trade Agreement Article 18-01: Cooperation The Parties shall at all
times endeavor to agree on the interpretation and application of this
Treaty through cooperation and consultation, and shall attempt to reach a
mutually satisfactory resolution of any matter that might adversely affect
its operation. 1. A Party may request in writing consultations with the other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Treaty. 2. The Party initiating consultations in accordance with paragraph 1 shall deliver its request to its section of the Secretariat and to the other Party. 3. Consultations on matters regarding perishable agricultural goods shall commence within 15 days of the date of delivery of the request. 4. The Parties shall:
5. The Parties, by mutual agreement, may request directly that the Commission meet in accordance with article 18-05, even when the consultations provided in this article have not been held. CHILE- PERU Annex 8 Article 2 The Signatory Countries shall attempt to settle the disputes referred to in Article 1 through reciprocal consultations and direct negotiations to arrive at a mutually satisfactory resolution. Article 3 The affected Signatory Country shall file a complaint with the competent national body referred to in Article 33 of the Agreement, which shall immediately initiate consultations on the matter with the competent national body of the other Signatory Country. Article 4 The Signatory Countries shall provide the information to enable an analysis of the matter, treating this information as confidential, and shall conduct negotiations between themselves to reach a resolution. These negotiations shall not last longer than twenty (20) days from the date of receipt of the formal request to initiate consultations. CHILE-VENEZUELA Article 31 1. The affected party shall file a complaint with the competent national body referred to in Article 33 of this Agreement, which shall immediately initiate the consultations on the matter with the competent body of the other party. If the dispute that was raised is not resolved within a period of 15 days, as from the filing of the complaint, the competent national body that initiated the consultations shall request the intervention of the Administrative Commission provided for in Article 33 of this Agreement. COLOMBIA-HONDURAS Article 20. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COLOMBIA-NICARAGUA Article 19. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of this Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COSTA RICA-COLOMBIA Article 18. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COSTA RICA- MEXICO Article 17:01: Cooperation The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement through cooperation and consultation, and shall attempt to arrive at a mutually satisfactory resolution of any matter affecting its operation. Article 17-04: Perishable Goods In any dispute regarding perishable goods, the Parties, the Commission, and the arbitral tribunal referred to in Article 17-07 shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this chapter. Article 17-05: Consultation 1. A Party may request in writing consultations with the other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Agreement within the terms of Article 17-02. 2. The requesting Party shall deliver the request to its national section of the Secretariat and to the other Party. 3. The Parties shall:
COSTA RICA-VENEZUELA Basic Convention Article 8 The Contracting Parties shall make efforts to settle, through direct diplomatic negotiations, any disputes that may arise between them, by reason of the interpretation or enforcement of this Convention. Convention of Partial Scope Article 47 In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of both signatory countries shall name a contact body, that on a permanent basis attends to consultations by any of the Parties and administers the provisions of the present Agreement. DOMINICAN REPUBLIC-COSTA RICA Article XII In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Convention, the Governments of the respective countries shall designate an administrative authority in both territories that on a permanent basis attends to consultations by any of the Parties and disseminates the benefits of the present Convention. Article XVI Any disputes that may arise concerning the interpretation and application of any of the clauses of this Convention shall be settled fraternally between the Parties within the spirit of collaboration and mutual benefit that infuses it. ECUADOR-ARGENTINA Article 23. Disputes that may arise in
the execution of this Agreement shall be settled by direct negotiations
between the signatory countries. ECUADOR-URUGUAY Article 22. Disputes that may arise in
the execution of the present Agreement shall be settled by direct
negotiations between the signatory countries. EL SALVADOR-COLOMBIA Article 19. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. GUATEMALA-COLOMBIA Article 19. In order to establish a direct information channel that facilitates the application, and the better achievement of the objectives of the present Agreement, the Governments of the signatory countries shall designate an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provision of this Agreement MEXICO - NICARAGUA Article 20-01: Cooperation The Parties shall at all times endeavor to agree on the interpretation and application of this Agreement through cooperation and consultation, and shall make every attempt to arrive at a mutually satisfactory resolution of any matter that might affect its operation. Article 20-04: Perishable Goods In matters concerning perishable goods, the Parties, the Commission, and the arbitral tribunal shall do everything possible to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this chapter. Article 20-05: Consultation 1. A Party may request in writing consultations with the other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Treaty within the terms of Article 20-02. 2. The Party initiating consultations in accordance with paragraph 1 above shall deliver the request to its Secretariat and the other Party. 3. The Parties shall:
PANAMA - COLOMBIA Article 32. Disputes that may arise in the execution of this Agreement shall be settled through direct consultations between the coordinating entities of the Parties. PANAMA - COSTA RICA Article 25 The signatory States agree to settle, within the spirit of this Treaty and in accordance with the provisions of its Rules, disputes that may arise regarding the interpretation or application of any of its clauses. Rules Article 27: Disputes and differences that arise between the Parties regarding the interpretation or application of the Treaty and the Rules, initially shall be resolved through direct settlement between the Administrative Authorities. … Article 28: The presentation and direct settlement of the problem between the Administrative Authorities may take the following forms:
Article 29: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication. Article 30: The agreements resulting from
direct settlement, as well as matters pending resolution and the arguments
of the Administrative Authorities, shall be recorded in writing. PANAMA - DOMINICAN REPUBLIC Article XVIII The Contracting Parties agree to settle, within the spirit of this Treaty and in accordance with the provisions of its Rules, disputes that may arise regarding the interpretation or application of any of its clauses. PANAMA - EL SALVADOR Article 18 Rules Article 30: Disputes and differences that arise between the Parties regarding the interpretation or application of the Treaty and the Rules, shall be resolved initially by the Signatory States through direct settlement between the Administrative Authorities. … Article 31: The presentation and direct settlement of the problem between the Administrative Authorities may take the following forms:
Article 32: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication. Article 33: The agreements resulting from direct settlement, as well as matters pending resolution and the arguments of the Administrative Authorities shall be recorded in writing. Such agreements shall contain a concise account of the facts and legal basis. PANAMA - GUATEMALA Article 23 The Signatory States agree to settle, within the spirit of this Treaty and in accordance with the provisions of its Rules, disputes that may arise in the interpretation or application of any of its clauses. Rules Article 31: Disputes and differences that arise between the Parties regarding the interpretation or application of the Treaty and the Rules, shall be resolved initially by the Signatory States through direct settlement between the Administrative Authorities. Article 32: The presentation and direct settlement of the problem between the Administrative Authorities may take the following forms:
Article 33: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within twenty (20) calendar days from the date of
the written communication. Article 34: The agreements resulting from direct settlement, as well as matters pending resolution and the arguments of the Administrative Authorities shall be recorded in writing. Such agreements shall contain a concise account of the facts and legal basis. PANAMA - HONDURAS Article 25 The signatory States agree to settle, within the spirit of this Treaty and in accordance with its Rules, disputes that may arise in the interpretation or application of any of its norms. PANAMA - NICARAGUA Article 25 The signatory States agree to settle, within the spirit of this Treaty and in accordance with the provisions of its Rules, that will be duly issued, disputes that may arise regarding the interpretation or application of any of its clauses. Rules Article 26: Disputes and differences that arise between the parties regarding the interpretation or application of the Treaty and its Rules, as well as competition problems facing an enterprise or branch of industry, may be resolved by the Signatory States through direct settlement between the Administrative Authorities. Article 27: Direct settlement between the Administrative Authorities may take the following forms:
Article 28: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication. Article 29. The agreements resulting from
direct settlement, as well as matters pending resolution and the arguments
of the Administrative Authorities shall be recorded in writing.
ALADI (LAIA) Resolution 114 Single Article 4. Should no satisfactory solution be achieved between the parties directly involved in the dispute at the end of the consultation period, the member countries may submit the matter to the Committee of Representatives, as provided in Article 34 (m) of the 1980 Treaty of Montevideo. MERCOSUR Treaty of Asuncion Annex III: Settlement of Disputes 1. Any dispute arising between the States Parties as a result of the application of the Treaty shall be settled by means of direct negotiations. If no solution can be found, the States Parties shall refer the dispute to the Common Market Group…. Protocol of Brasilia Article 4 1. If during the direct negotiations an agreement cannot be reached or if the dispute was resolved only partially, any of the State Parties to the dispute can submit it for consideration by the Common Market Group. NAFTA Article 2007: Commission - Good Offices, Conciliation and Mediation 1. If the consulting Parties fail to resolve a matter pursuant to Article 2006 within:
MERCOSUR - BOLIVIA Annex 11 Article 4 Article 5 MERCOSUR-CHILE Annex 14 Article 4 Article 5 Where no mutually satisfactory settlement is achieved within the time period indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission meet to consider the matter. ARGENTINA-CHILE Second Additional Protocol ARGENTINA-VENEZUELA Article 21. Disputes that may arise in the
execution of this Agreement shall be settled through direct negotiations
between the signatory countries. BOLIVIA-CHILE Article 27. BOLIVIA- MEXICO Article 19-05: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may ask the Commission in writing to meet should a matter fail to be resolved in accordance with Article 19-04 above within forty-five days after the request for consultations. 2. A Party may also ask the Commission in writing to meet after consultations have been conducted pursuant to Articles 4-21(5) (Technical Consultations) and 13-19(4) (Technical Consultations). BRAZIL-PERU Annex IV CANADA-CHILE Article N-07: Commission - Good Offices, Conciliation and Mediation 1. If the Parties fail to resolve a matter pursuant to Article N-06 within:
2. A Party may also request in writing a meeting of the Commission where:
CHILE-COLOMBIA Article 32. … . If no settlement of the dispute raised is reached within a period of twenty days from the submission of the complaint, the competent national body that initiated the consultations shall request the intervention of the Administrative Commission provided for in Article 33 of this Agreement. CHILE-ECUADOR Article 32. … If no settlement of the dispute raised is reached within a period of twenty days from the submission of the complaint, the competent national body that initiated the consultation shall request the intervention of the Administrative Committee provided for in Article 33 of this Agreement. CHILE - MEXICO Article 33. ….If no settlement of the dispute raised is reached within a period of 15 days from the submission of the complaint, the competent national body that initiated the consultations shall request the intervention of the Administrative Committee provided for in Article 34 of this Agreement. Free Trade Agreement Article 18-04: Consultations 5. The Parties, by mutual agreement, may request directly that the Commission meet in accordance with article 18-05, even when the consultations provided in this Article have not been held. Article 18-05: Intervention of the Commission, good offices, conciliation, and mediation 1. If a matter is not resolved pursuant to article 18.04 within a time period of:
either Party may request in writing a meeting of the Commission. CHILE- PERU Annex 8 Article 5 If no mutually satisfactory settlement is achieved within the time period indicated in Article 4 or if the dispute is settled only partially, any signatory country, through its competent national agency, may request in writing that the Administrative Commission meet to consider the matter. CHILE-VENEZUELA Article 31. …If no settlement to the dispute in question is achieved within 15 days of filing of the complaint, the competent national agency that initiated the consultations shall request the intervention of the Administrative Commission envisaged in Article 33 of this Agreement. COSTA RICA- MEXICO Article 17-04: Perishable Goods In any dispute involving perishable goods,
the Parties, the Commission, and the arbitration tribunal referred to in
Article 17-07 shall make every effort to accelerate the procedure to the
greatest extent possible. To that effect, the Parties shall try to reduce
by common agreement the time periods established in this Chapter. 1. Any Party may request the Commission in writing to meet should a matter fail to be resolved in accordance with Article 17-05 above within forty-five days of delivery of a request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 4-25 (Dispute Settlement), 5-25 (Referral to the Committee on Rules of Origin), and 11-20 (Technical Consultations). DOMINICAN REPUBLIC-COSTA RICA Article XVI Any disputes that may arise concerning the interpretation and application of any of the clauses of this Convention shall be settled fraternally between the Parties, within the spirit of collaboration and mutual benefit that infuses it. In exceptional cases, when this is not possible, the Parties agree to name an Arbitration Commission, whose decision they are required to accept. ECUADOR-ARGENTINA Article 23. Disputes that may arise as a result of the implementation of this Agreement shall be settled by direct negotiations between the signatory countries. Should no settlement be reached within 30 days after the notification of the dispute, which period of time may be extended by mutual agreement, the signatory countries shall submit the dispute to the consideration of the Council provided for in Article 18. ECUADOR-URUGUAY Article 22. Disputes that may arise as a
result of the implementation of this Agreement shall be settled by direct
negotiations between the signatory countries. MEXICO -NICARAGUA Article 20-04: Perishable Goods In any dispute involving perishable goods, the Parties, the Commission, and the arbitration tribunal shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this Chapter. Article 20.06: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Any Party may request the Commission in writing to meet should a matter fail to be resolved in accordance with Article 20-05 above within forty-five days of delivery of a request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 5-14 and 14.18. PANAMA-COLOMBIA Article 32. Disputes that may arise in the
execution of this Agreement shall be settled through direct consultations
between the coordinating entities of the Parties. PANAMA-COSTA RICA Rules Article 27: Differences and disputes that arise between the parties regarding the interpretation or application of the Treaty and the Rules, shall be resolved initially through direct settlement between the Administrative Authorities. If they cannot reach agreement, the matter will be sent to the Mixed Commission. … Article 29: The Administrative Authority to whom the request is made, shall attend to the matter raised by its counterpart and respond within fifteen (15) calendar days from the date of the written communication. If after such period of time a satisfactory solution has not been reached, the matter may be brought by either Party for review and decision by the Mixed Commission in accordance with the procedure previously established in these Rules. PANAMA- DOMINICAN REPUBLIC Article XVIII The Contracting Parties agree to settle,
within the spirit of this Treaty and in accordance with the provisions of
its Rules, disputes regarding the interpretation or application of any of
its clauses. PANAMA-EL SALVADOR Article 18 Rules Article 30: Differences and disputes that arise between the Parties regarding the interpretation or application of the Treaty and the Rules shall be resolved initially by the Signatory States through direct settlement between the Administrative Authorities. Article 32: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication. PANAMA-GUATEMALA Rules Article 31: Differences and disputes that
arise between the parties regarding the interpretation or application of
the Treaty and the Rules, shall be resolved initially through direct
settlement by the Administrative Authorities. Article 33: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within twenty (20) calendar days from the date of
the written communication. PANAMA-NICARAGUA Rules Article 26: Differences and disputes that
arise between the parties regarding the interpretation or application of
the Treaty and the Rules, as well as competition problems facing an
enterprise or branch of industry, may be resolved by the Signatory States
through direct settlement between the Administrative Authorities. Article 28: The Administrative Authority to
whom the request is made, shall attend to the matter raised by its
counterpart and respond within fifteen (15) calendar days from the date of
the written communication.
GROUP OF THREE Article 19-05: Consultations. 3. A third Party that considers itself to have a substantial interest in the matter, shall have the right to participate in the consultations. To do so it shall send written notification to the responsible national bodies of the Parties. NAFTA Article 2005: GATT Dispute Settlement 2. Before a Party initiates a dispute settlement proceeding in the GATT against another Party on grounds that are substantially equivalent to those available to that Party under this Agreement, that Party shall notify any third Party of its intention. If a third Party wishes to have recourse to dispute settlement procedures under this Agreement regarding the matter, it shall inform promptly the notifying Party and those Parties shall consult with a view to agreement on a single forum. If those Parties cannot agree, the dispute normally shall be settled under this Agreement. Article 2006: Consultations 3. Unless the Commission otherwise provides in its rules and procedures established under Article 2001(4), a third Party that considers it has a substantial interest in the matter shall be entitled to participate in the consultations on delivery of written notice to the other Parties and to its Section of the Secretariat.
ALADI (LAIA) Article 35 The Committee is the permanent organ of the Association and shall have the following attributes and obligations:
Article 36 Resolution 114 Single Article 5. The Committee of Representatives shall propose to the countries directly involved in the dispute, 15 days after the matter was submitted to its consideration, the formulas deemed most appropriate for settling the dispute. GROUP OF THREE Article 19-06: Intervention of the Commission, Mediation and Conciliation 1. If the matter has not been settled according to the procedures set out in Article 19-05 within forty-five (45) days following the delivery of the request for consultation, any of the consulting Parties may make a written request for a meeting of the Commission 2. A Party may also make a written request for a meeting of the Commission when consultations have been carried out in accordance with Article 5-30 or Article 14-18. 3. A Party initiating this procedure shall identify in its request the measure or other matter causing concern, cite the Treaty provisions it considers applicable and deliver the request to the responsible national bodies of the other Parties. 4. The Commission shall meet within ten days of receiving the request and, with the aim of reaching a mutually satisfactory settlement of the dispute, shall be able to:
5. The Commission shall have the power to join two or more cases submitted to it under the provisions of this article and regarding the same measure. The Commission may also join two or more cases submitted to it in accordance with this article on separate questions, when it considers that they should be examined together. MERCOSUR Treaty of Asuncion Annex III: Settlement of Disputes 1. Any dispute arising between the States Parties as a result of the application of the Treaty shall be settled by means of direct negotiations. If no solution can be found, the States Parties shall refer the dispute to the Common Market Group which, after evaluating the situation, shall within a period of 60 days make the relevant recommendations to the Parties for settling the dispute. To that end, the Common Market Group may establish or convene panels of experts or groups of specialists in order to obtain the necessary technical advice. If the Common Market Group also fails to find a solution, the dispute shall be referred to the Council of the common market to adopt the relevant recommendations. Protocol of Brasilia Article 4 1. If during the direct negotiations an agreement cannot be reached or if the controversy can only be resolved in part, any of the State Parties to the controversy can submit it for consideration by the Common Market Group. 2. The Common Market Group will evaluate the situation, giving an opportunity to the parties to the controversy to state their respective positions and requiring, whenever it considers it necessary, the advice of experts selected from a list which is referred to in Article 30 of the present Protocol. 3.The costs which arise as a result of this advice will be borne in equal parts by the State Parties to the controversy or in a proportion as determined by the Common Market Group. Article 5 Article 6 Article 26 1. The private parties that are affected will file their complaints with the National Section of the Common Market Group of the State Party wherein they maintain their usual residency or which is the headquarters of their business. 2. Private parties should provide all the elements which will allow the aforesaid National Section to determine the truth of the violation and the existence or threat of prejudice. Article 27 Unless a complaint refers to a matter which has already led to the initiation of Dispute Settlement proceedings pursuant to Chapters II, III or IV of this Protocol, the National Section of the Common Market Group which accepted the complaint in conformity with Article 26 of this chapter can, in consultation with the affected private party:
Article 28 Article 29 2. If the Common Market Group does not reject the complaint, it will immediately convene a group of experts who should then issue a report with their conclusions within a non-extendible time period of thirty (30) days following their designation. 3. Within this time limit, the group of experts will give the affected private party and the State against which a complaint has been filed the opportunity to be heard and to present their arguments. Article 30 2. With the goal of establishing a list of experts, each of the State Parties shall designate six (6) persons of recognized competence in matters which can be the subject of a dispute. This list shall remain recorded with the Administrative Secretariat. Article 31 Article 32 Protocol of Ouro Preto Article 21 In addition to the duties and functions described in Articles 16 and 19 of this Protocol, the Mercosul Trade Commission shall be responsible for considering complaints referred to it by the National Sections of the Mercosul Trade Commission and originated by States Parties or individuals, whether natural or legal persons, relating to the situations provided for in Article 1 or 25 of the Protocol of Brasilia, when they fall within its sphere of competence. Paragraph 1. The examination of the aforesaid complaints within the Mercosul Trade Commission shall not prevent the complainant State Party taking action under the Brasilia Protocol for the Settlement of Disputes. Paragraph 2. Complaints arising in the circumstances described in this Article shall be dealt with in accordance with the procedure laid down in the Annex to this Protocol. Annex: General Procedure for Complaints to the Mercosul Trade Commission Article 1. Complaints submitted by the National Sections of the Mercosul Trade Commission and originated by States Parties or individuals, whether natural or legal persons, in accordance with the provisions of Article 21 of the Protocol of Ouro Preto shall be subject to the procedure laid down in this Annex. Article 2. The complainant State Party shall submit its complaint to the Pro-Tempore Chairman of the Mercosul Trade Commission who shall take the necessary steps to include the matter on the Agenda of the next meeting of the Mercosul Trade Commission at least one week beforehand. If no decision is taken at that meeting, the Mercosul Trade Commission shall, without taking further action, pass on the dossier to a Technical Committee. Article 3. Within a maximum of thirty (30) calendar days, the Technical Committee shall prepare and submit to the Mercosul Trade Commission a joint opinion on the question. This opinion or the conclusions of the experts making up the Technical Committee, if there is no joint opinion, shall be taken into consideration by the Mercosul Trade Commission when it rules on the complaint. Article 4. The Mercosul Trade Commission shall rule on the complaint at its first ordinary meeting following receipt of the joint opinion or, should there be none, the conclusions of the experts, although an extraordinary meeting may also be convened for the purpose. Article 5. If a consensus cannot be reached at the first meeting mentioned in Article 4, the Mercosul Trade Commission shall submit to the Common Market Group the various alternatives proposed, together with the joint opinion or the conclusions of the experts on the Technical Committee, in order that an appropriate decision may be taken. The Common Market Group shall give a ruling within thirty (30) calendar days of the receipt by the Pro-Tempore Chairman of the proposals submitted by the Mercosul Trade Commission. Article 6. If there is agreement that the complaint is justified, the State Party against which it is made shall adopt the measures approved in the Mercosul Trade Commission or the Common Market Group. In each case, the Mercosul Trade Commission or, subsequently, the Common Market Group shall fix a reasonable period for the implementation of these measures. If this period expires without the State against which the complaint is made having complied with the provisions of the decision adopted, whether by the Mercosul Trade Commission or the Common Market Group, the complainant State may resort directly to the procedure provided for in Chapter IV of the Protocol of Brasilia. Article 7. If a consensus cannot be reached in the Mercosul Trade Commission, or subsequently, in the Common Market Group or if the State against which the complaint is made does not comply within the period provided for in Article 6 with the provisions of the decision adopted, the complainant State may resort directly to the procedure established in Chapter IV of the Brasilia Protocol and shall inform the Mercosul Administrative Secretariat accordingly. Rules Article 4: A State Party that, in accordance with Article 4.1 of the Protocol of Brasilia, decides to refer a dispute to the CMG can do so in either one of its regular or special sessions. If the sessions referred to in the preceding paragraph are both still more than forty-five (45) days off, the State Party in question shall be able to request a special session of the CMG. The State Party initiating a dispute must present the matter in writing to the chairman Pro Tempore of the CMG, with all pertinent documents, ten (10) days before the date of the meeting so that it can be included on the agenda. Article 5: When the CMG deems it necessary to seek the advice of experts, as provided for in Article 4.2 of the Protocol of Brasilia, said experts will be designated in accordance with Article 30 of the Protocol. When designating experts, the CMG shall also establish a clear mandate for them and the time period allowed to carry it out. Article 6: The experts shall submit a joint
opinion to the CMG by the deadline established. If they cannot agree on a
joint opinion, they will submit their separate conclusions before the
deadline.
Article 25: The Common Market Group shall take receipt of a complaint as referred to in Article 29.1 of the Protocol of Brasilia in either a regular or special session, and shall examine it in its subsequent meeting. Article 26: For the Common Market Group to not admit a complaint, according to the provisions of Article 29.1 of the Protocol of Brasilia, there must be consensus. If that is not the case, the complaint shall be considered admitted and the CMG shall immediately convene a group of experts as provided for in Article 29.2 of the Protocol of Brasilia. Article 27: The appointment referred to in Article 30.1 of the Protocol of Brasilia shall be made during the same meeting during which the CMG examines the complaint. Article 28: The subject of a dispute between States or of a complaint lodged upon the request of an individual shall be determined through written submissions and corresponding responses. No addition to it can be made at a later date. Article 29: The expenses of experts referred to in Articles 4.3 and 31 of the Protocol of Brasilia include monetary compensation for their work and the cost of tickets and other travel, travel allowances and other work-related expenses. Article 30: The monetary compensation
referred to in the preceding paragraph is to be set jointly by the States
involved in the dispute and then agreed upon with the experts within a
maximum of five (5) of their appointment as such. Article 34: To process the payment of fees for the arbitrators and experts, as well as any other expenses they incurred, all relevant receipts, vouchers and invoices shall be submitted. Article 35: The opinion of the group of experts referred to in Article 32 of the Protocol of Brasilia must be a unanimous one. Article 36: If the opinion submitted to it considers the complaint inadmissible, the Common Market Group shall immediately declare the case closed within the framework of Chapter V of the Protocol of Brasilia. Article 37: If the group of experts is unable to reach unanimity regarding an opinion, it shall submit the various conclusions to the Common Market Group, which shall then immediately declare the case closed within the framework of Chapter V of the Protocol of Brasilia. Article 38: Closing of the case by the Common Market Group through the procedures established in Articles 36 and 37 of these Rules shall not in any way impede the complainant from initiating proceedings as provided for in Chapters II, III and IV of the Protocol of Brasilia. Article 39: The time periods established in
the Protocol of Brasilia and in these Rules shall be calculated as
consecutive days. NAFTA Article 2007: Commission - Good Offices, Conciliation and Mediation 1. If the consulting Parties fail to resolve a matter pursuant to Article 2006 within:
2. A Party may also request in writing a meeting of the Commission where:
3. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to the other Parties and to its Section of the Secretariat. 4. Unless it decides otherwise, the Commission shall convene within 10 days of delivery of the request and shall endeavor to resolve the dispute promptly. 5. The Commission may:
6. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly. Article 2008: Request for an Arbitral Panel 1. If the Commission has convened pursuant to Article 2007(4), and the matter has not been resolved within:
CARICOM-COLOMBIA Article 21: Settlement of Disputes 2. In the exercise of its powers under this Article, the Joint Council shall define guidelines and mechanisms for the settlement of disputes within six (6) months after the entry into force of this Agreement. Such mechanisms may be negotiation, mediation, conciliation and the formulation of recommendations by groups of experts. CARICOM-VENEZUELA Article 17: Settlement of Disputes 2. In the implementation of its powers under this Article, the Joint Council shall define guidelines and mechanism for the settlement of disputes not later than six months after the entry into force of this Agreement. Such mechanisms may include negotiations, enquiry, mediation, conciliation and arbitration. CENTRAL AMERICA - DOMINICAN REPUBLIC Article 16.07: Intervention by the Council, good offices, conciliation, and mediation 1. Any Consulting Party may request the Council in writing, through its National Section of the Secretariat, to meet should a matter fail to be resolved pursuant to the previous article within thirty days after the delivery of a request for consultations. The request must be notified to all Parties. 2. A Party may also request in writing a meeting of the Council where technical consultations have been held pursuant to the provisions of Articles 6.04 and 13.12. 3. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Treaty that it considers relevant. 4. The Council shall meet within ten days following the filing of the request and may, with the aim of reaching a mutually satisfactory resolution of the dispute:
5. The Council may consolidate, ex oficio or at the request of a Party, the dispute settlement proceedings contained in this Article, should it receive two or more requests to consider matters regarding the same measure or different matters that would be appropriate to examine jointly. MERCOSUR-BOLIVIA Article 39. The
administration and evaluation of this Agreement shall be conducted by an
Administrative Commission consisting of MERCOSUR's Common Market Group,
for one Contracting Party, and the National Secretariat of International
Economic Affairs of the Ministry of Foreign Affairs and Cult of Bolivia,
for the other Contracting Party. 2. The Administrative Commission shall meet in regular session once a year, at a venue and date determined by mutual agreement and, in extraordinary session when the Contracting Parties, after consultations, so agree. 3. The Administrative Commission shall adopt its decision through agreement of the Contracting Parties. Article 40. The Administrative Commission shall have the following attributes: 1. Ensure the enforcement
of the provisions of this Agreement and its Additional Protocols and
Annexes. Annex 11 Article 5 Where no mutually satisfactory settlement could be achieved within the timeframe indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission convene to consider the matter. Article 6 The Party requesting a Commission meeting shall state in its writing the reasons for its request; the Party shall also indicate the provisions of the Agreement or additional instruments that it considers relevant. The Commission shall evaluate the situation and provide the Parties with an opportunity to make representations and, if deemed necessary, collect technical information on the matter. The Commission shall convene within fifteen (15) days following the date the request was received. The procedure may not take more than forty-five (45) days from the date the Commission first met, unless otherwise agreed upon between the Parties. MERCOSUR-CHILE Article 46: The
administration and evaluation of this Agreement shall be conducted by an
Administrative Commission consisting of MERCOSUR’s Common Market Group and
the General Division of International Economic Relations of the Ministry
of Foreign Affairs of Chile. Article 47: The Administrative Commission shall have the following attributes:
…
Annex 14 Article 5 Where no mutually satisfactory settlement could be achieved within the timeframe indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission convene to consider the matter. Article 6 The Party requesting a Commission meeting shall state in its writing the reasons for its request; the Party shall also indicate the provisions of the Agreement or additional instruments that it considers relevant. The Commission shall evaluate the situation and provide the Parties with an opportunity to make representations and, if deemed necessary, collect technical information on the matter. The Commission shall convene within fifteen (15) days following the date the request was received. The procedure may not take more than forty-five (45) days from the date the Commission first met, unless otherwise agreed upon between the Parties. ARGENTINA-CHILE Second Additional Protocol Article 4 1. Should no agreement be reached during direct negotiations or should the dispute be settled only partially, any of the parties to said dispute may submit it for consideration by the Council. 2. Intervention of the Council shall be requested through the national coordinating agency, in which case the Council shall hold a special meeting no less than 10 days after receiving the application. 3. The Council shall assess the situation, giving the parties to the dispute the opportunity to express their respective positions and requesting advisory assistance from experts selected from a list, when it deems necessary. 4. To draw up the list of experts, each of the signatory countries shall appoint, within three months of the date of this Resolution, six persons with recognized expertise in the areas subject to dispute. 5. The cost of this advisory assistance shall be defrayed equally by the parties to the dispute, or in proportion as determined by the Council. Article 5 The Council shall make recommendations to the countries party to the dispute with a view to its settlement. Article 6 The duration of the procedure described in this Chapter may not exceed sixty (60) days from the date on which the dispute was submitted for consideration by the Council. ARGENTINA-VENEZUELA Article 18. For the administration and
development of this Agreement, the signatory countries agree to create the
Economic Complementarity Council (THE COUNCIL) consisting of
representatives from both countries. Article 19. THE COUNCIL should be established within the sixty (60) days following the date of execution of this Agreement. THE COUNCIL shall define its own rules of procedure. Article 21. … BOLIVIA-CHILE Article 21
Article 27. …In case the petitioned
signatory country fails to respond within the time indicated or that its
response does not satisfy the affected signatory country, direct
negotiation procedures shall be instituted, immediately, through the
competent national agencies referred to in Article 23 or before the
Administrative Commission, at the election of the affected signatory
country. BOLIVIA- MEXICO Article 18-01: Administrative Commission 1. The Parties establish an Administrative Commission consisting of the officials referred to in Annex 1 to this Article or the individuals they may appoint to that effect. 2. The Commission shall have the following functions:
Article 19-05: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter fail to be resolved pursuant to Article 19-04 within forty-five days of delivery of a request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 4-21(5) (Technical Consultations) and 13-19(4) (Technical Consultations). 3. The Party that has initiated the proceeding shall state in its request the measure or other matter complained of and shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its National Section of the Secretariat and to the other Party. 4. The Commission shall meet within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, may: a. call on such technical advisers or create such working groups or expert groups as it deems necessary; b. have recourse to good offices, conciliation, mediation, or such other dispute resolution procedures; c. make recommendations. BRAZIL-PERU Annex IV
CANADA-CHILE Article N-01: The Free Trade Commission 1. The Parties hereby establish the Free Trade Commission, comprising cabinet-level representatives of the Parties or their designees. 2. The Commission shall:
3. The Commission may:
4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by mutual agreement. 5. The Commission shall convene at least once a year in regular session. Regular sessions of the Commission shall be chaired alternately by each Party. Article N-07: Commission - Good Offices, Conciliation and Mediation 1. If the Parties fail to resolve a matter pursuant to Article N-06 within:
either Party may request in writing a meeting of the Commission. 2. A Party may also request in writing a meeting of the Commission where:
3. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its Section of the Secretariat and the other Party. 4. Unless it decides otherwise, the Commission shall convene within 10 days of delivery of the request and shall endeavour to resolve the dispute promptly. 5. The Commission may:
as may assist the Parties to reach a mutually satisfactory resolution of the dispute. 6. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly. CHILE-COLOMBIA Article 32….
Article 33 …. The Commission shall have the following attributes: …
CHILE-ECUADOR Article 32….
Article 33 …. The Committee shall have the following attributes: …
CHILE- MEXICO Article 33 ….
Article 34 … In order to achieve the best functioning of this Agreement, the signatory countries agree to form an Administrative Committee. … The Committee shall have the following attributes:
Free Trade Agreement Article 17-01: Free Trade Commission 1. The Parties hereby establish the Free Trade Commission, composed of the officials referred to in Annex 17-01(1) or by such persons as the latter may designate. 2. The Commission shall have the following functions:
…
…
… Article 18-05: Intervention of the Commission, good offices, conciliation, and mediation 1. Either Party may request in writing a meeting of the Commission, if a matter has not been resolved pursuant to article 18.04 within a period of:
2. A Party may also request in writing a meeting of the Commission where:
3. The Party initiating the procedure shall state in the request the measure or other matter complained of, indicate the provisions of this Treaty that it considers relevant, and shall deliver the request to its section of the Secretariat and the other Party. 4. Unless it decides otherwise, the Commission shall meet within 10 days of delivery of the request and, with a view to reaching a mutually satisfactory settlement to the dispute, may:
5. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly. CHILE- PERU Annex 8 Article 5 Should a mutually satisfactory settlement not be reached within the time indicated in Article 4 or should the dispute be settled only partially, any signatory country, through its competent national agency, may request in writing that the Administrative Commission meet to discuss the matter. Article 6 The signatory country that requests a meeting of the Administrative Commission shall state the reasons in its petition and shall indicate the provisions of the Agreement it considers relevant. The Administrative Commission shall evaluate the situation, giving the signatory countries the opportunity to state their positions and requesting, if it considers it necessary, technical information on the case. The Administrative Commission shall meet within the fifteen (15) days following receipt of the request for the meeting, and the duration of the procedure may not exceed fifteen (15) consecutive days from the date on which the Administrative Commission met, unless otherwise agreed by the signatory countries. CHILE-VENEZUELA Article 31….
Article 33 …. The Commission shall have the following attributes: …
COLOMBIA-HONDURAS Article 20. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COLOMBIA-NICARAGUA Article 19. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement. COSTA RICA - COLOMBIA Article 18. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement COSTA RICA - MEXICO Article 16-01: Administrative Commission … 2. The Commission shall have the following functions:
….
3. The Commission may:
… Article 17-04: Perishable Goods In any dispute regarding perishable goods, the Parties, the Commission, and the arbitral tribunal referred to in Article 17-07 shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this chapter. … Article 17-06: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter not be resolved pursuant to Article 17-05 within forty-five days after the delivery of the request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 4-25 (Dispute Settlement), 5-25 (Referral to the Committee on Rules of Origin), and 11-20 (Technical Consultations). 3. The Party shall state in the request the measure or other matter complained of, shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its national section of the Secretariat and the other Party. 4. The Commission shall convene within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, may:
EL SALVADOR-COLOMBIA Article 19. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement GUATEMALA-COLOMBIA Article 19. In order to establish a direct information channel that facilitates the application and better achievement of the objectives of this Agreement, the Governments of the Signatory Countries shall establish an administrative authority that on a permanent basis attends to consultations by any of the Parties and administers the provisions of this Agreement MEXICO -NICARAGUA Article 19-01: Administrative Commission … 2. The Commission shall have the following attributes:
3. The Commission may:
… Article 20-04: Perishable Goods In matters regarding perishable goods, the Parties, the Commission, and the arbitral tribunal shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce by common agreement the time periods established in this chapter. … Article 20.06: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter not be resolved pursuant to Article 20-05 within a period of forty-five days after the delivery of the request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 5-14 and 14.18. 3. The Party that initiates the proceeding shall state in the request the measure or other matter complained of, shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its Secretariat and the other Party. 4. The Commission shall convene within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, may:
PANAMA-COLOMBIA Article 32. Disputes that may arise in the execution
of this Agreement shall be settled by means of direct consultations
between the coordinating entities of the Parties. Article 35. In order to administer and develop this
Agreement, the Parties agree to establish an Administrative Council,
called the Council, which shall be comprised of representatives of the
public and private sectors designated by the respective Governments. Article 36. …. The Council shall issue its own rules of procedure. PANAMA-COSTA RICA Article 23 This Treaty and any rules derived therefrom shall be administered by a Joint Standing Commission made up of the Ministers of Industry and Commerce or their representatives and any advisors from the public and private sectors that the Contracting Parties may name. Decisions of this Commission shall be binding on the Signatory States. Article 24 The Joint Standing Commission shall have the following attributes:
Rules Article 16: The Joint Standing Commission shall be
composed of the Minister of the Economy and Commerce of Costa Rica and the
Minister of Commerce and Industry of Panama or their respective
representatives, and any advisors from the public and private sectors that
the Contracting Parties may name. Article 17: The Joint Standing Commission shall have the following attributes: ….
Article 27: Any differences and disputes between the
parties regarding the interpretation or application of the Treaty and
Rules shall be resolved initially through direct settlement between the
Administrative Authorities. Article 29: The Administrative Authority to whom the
request is made, shall attend to the matter raised by its counterpart and
respond within fifteen (15) calendar days counting from the date of the
written communication. Article 30: All agreements reached through direct
settlement, as well as matters pending resolution and the arguments of the
Administrative Authorities, shall be recorded in writing. Article 31: If the Joint Commission cannot reach agreement through the procedures established in these Rules, the Contracting Parties agree to appoint and accept the ruling of an Arbitration Commission that resolves definitively the differences regarding interpretation or application of the norms that regulate trade between the two countries carried out under the Treaty. PANAMA- DOMINICAN REPUBLIC Article XVI In order to coordinate the activities that shall be
developed in the execution of this Agreement, the Contracting Parties
agree to create a Permanent Mixed Commission, comprised of the Minister of
Foreign Affairs of the Dominican Republic and the Minister of Trade and
Industry of Panama, who will preside over the Committee, and advisors from
the public and private sectors that each Contracting Party shall
designate. The decisions of this Commission shall be binding to the
Signatory States. Article XVII The Permanent Mixed Commission shall have the following attributes: …
….
PANAMA-EL SALVADOR Article 18 …. In no case shall the Parties take unilateral trade-restricting trade measures without prior consultations within the Permanent Joint Commission. Regulations Article 19: The Permanent Joint Commission shall be
composed of the Minister of Foreign Trade of El Salvador and the Minister
of Trade and Industry of Panama, or their representatives, as well as
public and private sector advisors designated by each Contracting Party. Article 20: The Permanent Joint Commission shall have the following attributes: ….
Article 30: Differences and disputes arising between
the Parties from the interpretation or application of the Treaty or Rules
shall, in the first instance, be settled by the States Parties through
direct settlement between the Administrative Authorities. Article 32: The Administrative Authority to whom the
request is submitted shall attend to the matter raised by its counterpart
and respond within 15 calendar days reckoned from the date of the written
communication. Article 33: Agreements reached through direct settlement, as well as matters pending a solution and the arguments of the Administrative Authorities shall be recorded in writing. Such agreements shall contain a concise account of the facts and legal basis. Article 34: In the event that an agreement cannot be reached by the Joint Commission through the procedure set forth in these Rules, the Contracting Parties undertake to appoint and accept the ruling of an Arbitration Commission definitively resolving the differences of interpretation or application of provisions governing trade between the two countries under the Treaty. PANAMA-GUATEMALA Article 21 This Treaty and any rules derived therefrom shall be administered by a Joint Standing Commission made up of the Ministers of the Economy and of Industry and Commerce or their representatives and any advisors from the public and private sectors that the Contracting Parties may name. Decisions of the Joint Commission shall be binding on the Signatory States. Article 22 The Joint Standing Commission shall have the following attributes: ….
Rules Article 19: The Joint Standing Commission shall be
composed of the Minister of the Economy of Guatemala and the Minister of
Commerce and Industry of Panama or their respective representatives, and
any advisors from the public and private sectors that the Contracting
Parties may name. Article 20: The Joint Standing Commission shall have
the following attributes:
Article 31: Any differences and disputes between the
parties regarding the interpretation or application of the Treaty and
Rules shall initially be resolved by direct settlement between the
Administrative Authorities. Article 33: The Administrative Authority to whom the
request is made, shall attend to the matter raised by its counterpart and
respond within twenty (20) calendar days counting from the date of the
written communication. Article 34: All agreements reached through direct
settlement by of the Administrative Authorities, as well as matters
pending resolution and the arguments of the Administrative Authorities,
shall be recorded in writing. Article 35: If the Joint Commission cannot reach agreement through the procedure established in these Rules, the Contracting Parties agree to appoint and accept the ruling of an Arbitration Commission for final resolution of the differences regarding interpretation or application of the norms regulating trade carried out between them under the Treaty and these Rules. PANAMA-HONDURAS Article 23 This Agreement and the rules thereof shall be administered by a Joint Standing Commission consisting of the Minister of Economy of Honduras and the Minister of Commerce and Industry of Panama or their representatives, as well as such advisors from the public, private, business and labor sectors as each Contracting Party may appoint, and the Commission’s decisions shall be binding to the Signatories. Article 24 The Joint Standing Commission shall have the
following attributes:
PANAMA- MEXICO Article 25 The administration of this Agreement shall be the responsibility of the Sub-Commission on Trade, which was established as part of the Standing Mixed Commission on Economic Cooperation between Panama and Mexico chaired by representatives of the Ministry of Trade and Industry of the Republic of Panama and of the Ministry of Trade and Industrial Development of Mexico. The Sub-Commission shall have, inter alia, the following attributes:
… PANAMA-NICARAGUA Article 23 This Treaty and rules derived therefrom shall be administered by a Joint Standing Commission made up of the Ministers of Industry and Commerce and of the Economy, Industry and Commerce, or their representatives and any advisors from the public and private sectors that the Contracting Parties may name. Decisions of this Commission shall be binding on the Signatory States. Article 24 The Joint Standing Commission shall have the following attributes: …
Rules Article 15: The Joint Standing Commission shall be
composed of the Minister of Commerce and Industry of Panama and the
Minister of the Economy, Industry and Commerce of Nicaragua, or their
respective representatives, and any advisors from the public and private
sectors that the Contracting Parties may name. All members of the
Commission must be duly accredited. Article 16: The Joint Standing Commission shall have the following attributes: ….
Article 21: The decisions and agreements of the Commission shall be taken by mutual agreement of the Ministers or their representatives. Such decisions and agreements are binding on the Signatory States and will take effect as of an exchange of notes between the Ministries of Foreign Affairs when so stipulated by the Treaty. When not so stipulated, they will enter into force on the date set by the Joint Standing Commission. Article 26: Any differences and disputes that arise
between the parties regarding the interpretation or application of the
Treaty and the Rules, as well as competition problems facing an enterprise
or branch of industry, may be resolved by direct settlement between the
Administrative Authorities. Article 28: The Administrative Authority to whom the
request is made must attend to the matter raised by its counterpart and
respond within fifteen (15) calendar days from the date of the written
communication. Article 29: All agreements reached through direct
settlement, as well as matters pending resolution and the arguments of the
Administrative Authorities, shall be recorded in writing. Article 30: If the Joint Commission cannot reach agreement through the procedures established in these Rules, the Contracting Parties agree to appoint and accept the ruling of an Arbitration Commission for final resolution of the differences regarding interpretation or application of the norms regulating trade carried out between them under the Treaty.
ALADI (LAIA) Article 35 Article 36 Resolution 114 Single Article 5. The Committee of Representatives shall propose to the countries directly involved in the dispute, 15 days after the matter was submitted to its consideration, the formulas deemed most appropriate for settling the dispute. CARICOM Annex: Article 11 - Disputes Procedure Within the Common Market 3. If in pursuance of the foregoing provisions of this Article the Council or the Tribunal, as the case may be, finds that any benefit conferred on a Member State by this Annex or any objective of the Common Market is being or may be frustrated, the Council may, by majority vote, make to the Member State concerned such recommendations as it considers appropriate. 4. If a Member State to which a recommendation is made under paragraph 3 of this Article does not or is unable to comply with such recommendation the Council may, by majority vote, authorise any Member State to suspend to the Member State which has not complied with the recommendation the application of such obligations under this Annex as the Council considers appropriate. 5. Any Member State may at any time while any matter is under consideration under this Article request the Council to authorise, as a matter of urgency, interim measures to safeguard its position. If the matter is being considered by the Tribunal such request shall be referred by the Council to the Tribunal for its recommendation. If it is found by a majority vote of the Council that the circumstances are sufficiently serious to justify interim action, and without prejudice to any action which it may subsequently take in accordance with the preceding paragraphs of this Article, the Council may, by majority vote, authorise a Member State to suspend its obligations under this Annex to such an extent and for such period as the Council considers appropriate. Protocol Amending the Treaty Article III
Article 6 1. The principal Organs of the Community are:
Article IV
Article 7 1. The Conference shall consist of the Heads of
Government of Member States. Article V Article 7(a) Article VI Article 8 Article VII Article 9 Article VIII Article 10 The Legal Affairs Committee shall consist of the
Ministers Responsible for Legal Affairs or Attorneys-General of Member
States, or both, and shall be responsible for providing the Organs and
Bodies, either on request or on its own initiative, with advice on
treaties, international legal issues, the harmonisation of laws of the
Community and other legal matters. Article XI Chapter Three: Community Decision-Making Article 17: Common Voting Procedures in Community Organs 4. Subject to the agreement of the Conference, a
Member State may opt out of obligations arising from the decisions of
competent Organs provided that the fundamental objectives of the
Community, as laid down in the Treaty, are not prejudiced thereby. Article 18: Voting in the Conference 1. Save as otherwise provided in this Treaty and subject to paragraph 2 of this Article and the relevant provisions of Article 17, the Conference shall take decisions by an affirmative vote of all its members and such decisions shall be binding. 2. For the purpose of this Article abstentions shall not be construed as impairing the validity of decisions of the Conference provided that Member States constituting three-quarters of the membership of the Community, vote in favour of such decisions. 3. Omission by a Member State to participate in the vote shall be deemed an abstention within the meaning of paragraph 2 of this Article. 4. Parties to a dispute or against which sanctions are being considered shall not have the right to vote on the issue falling to be determined. Article 19: Voting in the Community Council and Ministerial Councils 1. Save as otherwise provided in this Treaty and subject to the provisions of this Article and Article 17, the Ministerial Councils shall take decisions by a qualified majority vote. 2. For the purposes of paragraph 1 of this Article a qualified majority vote means an affirmative vote of Member States comprising no less than three-quarters of the membership of the Community. 3. Where issues have been determined to be of critical importance to the national well-being of a Member State, in accordance with paragraph 4 of this Article, such decisions shall be reached by an affirmative vote of all Member States. 4. Decisions that an issue is of critical importance to the national well-being of a Member State shall be reached by a two-thirds majority of Member States. 5. For the purposes of paragraph 3 of this Article abstentions shall not be construed as impairing the validity of decisions required to be reached by unanimity provided that Member States constituting not less than three-quarters of the membership of the Community vote in favour of such decisions. GROUP OF THREE Article 19-18: Interpretation by the Commission. 1. The Commission shall endeavor to provide an interpretation or appropriate response as quickly as possible when:
Article 20-01: The Administrative Commission. 1. The Parties hereby establish the Administrative Commission composed of the heads of the respective responsible national bodies listed in Annex 1 to this Treaty, or of the persons designated by them. 2. The Commission shall:
3. The Commission shall be able to:
NAFTA Article 2001: The Free Trade Commission 1. The Parties hereby establish the Free Trade Commission, comprising cabinet-level representatives of the Parties or their designees. 2. The Commission shall:
3. The Commission may:
4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by consensus, except as the Commission may otherwise agree. 5. The Commission shall convene at least once a year in regular session. Regular sessions of the Commission shall be chaired successively by each Party. TRIPARTITE TREATY Article XXIX. Disputes that may arise on the interpretation or application of any of the clauses of this Treaty shall be submitted for consideration by the Executive Council, which will decide the matter. If any of the Parties is not satisfied with the Council's decision, it may appeal to the Steering Committee. If it finds the decision of the Committee unacceptable, it may submit the matter to an arbitration tribunal … . CARICOM-COLOMBIA Article 2: The Joint Council 1. A CARICOM-Colombia Joint Council on Trade, Economic and Business Cooperation (hereinafter called the Joint Council) is hereby established and shall be responsible for the administration of this Agreement. 2. The Joint Council shall consist of representatives of Colombia and CARICOM. 3. The functions of the Joint Council shall be:
4. The decisions of the Joint Council shall have the status of recommendations to the Parties. Article 3: Meetings of the Joint Council 5. The Joint Council …may create subsidiary bodies to assist it in the execution of its functions. Article 21: Settlement of Disputes 1. Any dispute which may arise between the Parties concerning the interpretation, application, execution or breach of the provisions of this Agreement may, if the dispute is not resolved by the Parties, be referred by either Party to the Joint Council for its consideration and recommendations. 2. In the exercise of its powers under this Article, the Joint Council shall define guidelines and mechanisms for the settlement of disputes within six (6) months after the entry into force of this Agreement. Such mechanisms may be negotiation, mediation, conciliation and the formulation of recommendations by groups of experts. 3. The recommendations of the Joint Council or any group of experts nominated by the Joint Council with respect to the settlement of disputes shall not be binding. CARICOM-VENEZUELA Article 2: The Joint Council 1. The CARICOM/Venezuela Joint Council on Trade and Investment (The Joint Council) established by the Principles for a Multilateral Agreement between Venezuela and CARICOM shall be responsible for the administration of this Agreement. 2. The Joint Council consists of representatives of Venezuela and CARICOM. 3. The functions of the Joint Council shall be:
4. The decisions of the Joint Council shall have the status of recommendations to the Parties to this Agreement. Article 3: Meetings of the Joint Council … 5. The Council ….may establish subsidiary bodies to assist it in the execution of its functions. Article 17: Settlement of Disputes 1. The Joint Council is the body responsible for the resolution of disputes which may arise with regard to the interpretation, application, execution or failure to comply with the provisions of this Agreement. 2. In the implementation of its powers under this Article, the Joint Council shall define guidelines and mechanism for the settlement of disputes not later than six months after the entry into force of this Agreement. Such mechanisms may include negotiations, enquiry, mediation, concilation and arbitration. CENTRAL AMERICA-DOMINICAN REPUBLIC Article 16.07: Intervention by the Council, good offices, conciliation, and mediation 1. Any Consulting Party may request the Council in writing, through its National Section of the Secretariat, to meet should a matter fail to be resolved pursuant to the previous article within thirty days after the delivery of a request for consultations. The request must be notified to all Parties. 2. A Party may also request in writing a meeting of the Council where technical consultations have been held pursuant to the provisions of Articles 6.04 and 13.12. 3. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Treaty that it considers relevant. 4. The Council shall meet within ten days following the filing of the request and may, with the aim of reaching a mutually satisfactory resolution of the dispute:
5. The Council may consolidate, ex oficio or at the request of a Party, the dispute settlement proceedings contained in this Article, should it receive two or more requests to consider matters regarding the same measure or different matters that would be appropriate to examine jointly. Article 18.01: Joint Administration Council … 2. The Council shall fulfil the following duties:
…
… 3. The Council may:
Annex I to Article 18.01: Council Officials The officials referred to in Article 18.01 are: In the case of Costa Rica, the Minister of Foreign
Trade or his successor; MERCOSUR-BOLIVIA Article 39. The administration and evaluation of this Agreement shall be conducted by an Administrative Commission consisting of MERCOSUR's Common Market Group, for one Contracting Party, and the National Secretariat of International Economic Affairs of the Ministry of Foreign Affairs and Cult of Bolivia, for the other Contracting Party. … 1. The Delegations of both Contracting Parties shall be presided over by the representative which each one assigns. 2. The Administrative Commission shall meet in regular session once a year, at a venue and date determined by mutual agreement and, in extraordinary session when the Contracting Parties, after consultations, so agree. 3. The Administrative Commission shall adopt its decision through agreement of the Contracting Parties. Article 40. The Administrative Commission shall have the following attributes: 1. Ensure the enforcement of the provisions of this
Agreement and its Additional Protocols and Annexes. Annex 11 Article 5 Where no mutually satisfactory settlement could be achieved within the timeframe indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission convene to consider the matter. Article 6 The Party requesting a Commission meeting shall state in its writing the reasons for its request; the Party shall also indicate the provisions of the Agreement or additional instruments that it considers relevant. The Commission shall evaluate the situation and provide the Parties with an opportunity to make representations and, if deemed necessary, collect technical information on the matter. The Commission shall convene within fifteen (15) days following the date the request was received. The procedure may not take more than forty-five (45) days from the date the Commission first met, unless otherwise agreed upon between the Parties. MERCOSUR-CHILE Article 46: The administration and evaluation of this Agreement shall be conducted by an Administrative Commission consisting of MERCOSUR’s Common Market Group and the General Division of International Economic Relations of the Ministry of Foreign Affairs of Chile. … The Commission shall adopt all decisions by consensus among the Parties. Article 47: The Administrative Commission shall have the following attributes:
…
Annex 14 Article 5 Where no mutually satisfactory settlement could be achieved within the timeframe indicated in Article 4 or if the dispute is settled only partially, either Party may request in writing that the Commission convene to consider the matter. Article 6 The Party requesting a Commission meeting shall state in its writing the reasons for its request; the Party shall also indicate the provisions of the Agreement or additional instruments that it considers relevant. The Commission shall evaluate the situation and provide the Parties with an opportunity to make representations and, if deemed necessary, collect technical information on the matter. The Commission shall convene within fifteen (15) days following the date the request was received. The procedure may not take more than forty-five (45) days from the date the Commission first met, unless otherwise agreed upon between the Parties. ARGENTINA-VENEZUELA Article 18. For the administration and development of this Agreement, the signatory countries agree to create the Economic Complementarity Council (THE COUNCIL) consisting of representatives from both countries. On behalf of the Republic of Argentina, it will be coordinated by the Ministerio de Relaciones Exteriores y Culto (Ministry of Foreign Affairs and Cult). On behalf of the Republic of Venezuela, it will be coordinated by the Instituto de Comercio Exterior (Institute of Foreign Trade). THE COUNCIL may establish those Working Groups it sees fit to fulfil its duties. Article 19…THE COUNCIL shall define its own rules of procedure. Article 21. … . In the event that no settlement is reached within thirty (30) days of notification of the dispute, subject to extension by mutual agreement, the signatory countries shall refer it to THE COUNCIL envisaged in Article 18. After assessing the situation, THE COUNCIL shall make the relevant recommendations for settlement of the dispute within sixty (60) days. To that end, THE COUNCIL may establish or convene panels of experts or groups of experts to provide technical advisory assistance. Furthermore, THE COUNCIL shall approve a final dispute settlement regime within six (6) months from its inception. BOLIVIA-CHILE Article 20 The administration of this Agreement shall be entrusted to a Commission comprising high-level government representatives of the signatory countries. Article 21 The Administrative Commission shall have the following powers, attributes, and functions:
… Article 27 … To better acquit its task, the Administrative Commission may request technical opinions from individual specialists or independent specialized agencies, which it shall take into consideration as additional elements of the case.
BOLIVIA-MEXICO Article 18-01: Administrative Commission 1. The Parties establish an Administrative Commission consisting of the officials referred to in Annex 1 to this Article or the individuals they may appoint to that effect. 2. The Commission shall have the following functions:
Annex I to Article 18-01: Officials of the Administration Commission The officials referred to in Article 18-01 are:
Article 19-05: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter fail to be resolved pursuant to Article 19-04 within forty-five days of delivery of a request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 4-21(5) (Technical Consultations) and 13-19(4) (Technical Consultations). 3. The Party that has initiated the proceeding shall state in its request the measure or other matter complained of and shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its National Section of the Secretariat and to the other Party. 4. The Commission shall meet within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, may:
CANADA-CHILE Article N-01: The Free Trade Commission 1. The Parties hereby establish the Free Trade Commission, comprising cabinet-level representatives of the Parties or their designees. 2. The Commission shall: …
3. The Commission may:
4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by mutual agreement. 5. …. Regular sessions of the Commission shall be chaired alternately by each Party. Article N-07: Commission - Good Offices, Conciliation and Mediation …. 5.The Commission may:
as may assist the Parties to reach a mutually satisfactory resolution of the dispute. CHILE-COLOMBIA Article 32….
Article 33 To improve the operation of this Agreement, the signatory countries agree to establish an Administrative Commission, under the presidency of the Ministry of Foreign Affairs in the case of Chile, and the Ministry of External Trade in the case of Colombia, or by the persons they designate to represent them. In special cases, depending on the nature of the issues pending, the Administrative Commission may be chaired by the ministers with expertise in the particular area. This Commission shall be formed within 120 days following the entry into force of this Agreement and shall establish its own regulations. Each signatory country shall designate a competent national agency to act as the national secretariat for this Agreement. The functions of these agencies shall be established in the regulations of the Administrative Commission. The Commission shall have the following attributes: …
CHILE-ECUADOR Article 32….
Article 33. In order for this agreement to function optimally, the signatory countries agree to create an Administrative Committee, chaired by the Minister for Foreign Affairs of Chile and by the Minister for Foreign Affairs of Ecuador, or by persons whom they appoint to represent them. In special cases, according to the nature of the matters to be considered, the Administrative Committee may be chaired by the ministers with authority in the areas involved. The Committee is to be formed within thirty days after the signing of this agreement and is to establish its own rules of procedure. Each signatory country will designate an authorized national organ to act as the country’s secretariat for this agreement. The functions of these organizations will be established in the rules of procedure of the Administrative Committee. The Committee shall have the following attributes: …
CHILE-MEXICO Article 33 ….
Article 34 … The Committee shall have the following attributes:
Free Trade Agreement Article 17-01: Free Trade Commission 1. The Parties hereby establish the Free Trade Commission, composed of the officials referred to in Annex 17-01(1) or by such persons as the latter may designate. 2. The Commission shall have the following functions:
… 3. The Commission may:
4. The Commission shall establish its rules and procedures and take all of its decisions by mutual agreement. 5. The Commission shall meet at least once a year. Each Party shall alternate in chairing the meetings. Annex 17-01(1). Officials of the Free Trade Commission For the purposes of article 17-01, the officials of the Free Trade Commission shall be: 1. For Chile, the Minster of Foreign Affairs, or his successor. 2. For Mexico, the Secretary of Trade and Industrial Development, or his successor. Article 18-05: Intervention of the Commission, good offices, conciliation, and mediation 1. Either Party may request in writing a meeting of the Commission, if a matter has not been resolved pursuant to article 18.04 within a period of:
2. A Party may also request in writing a meeting of the Commission where:
3. The Party initiating the procedure shall state in the request the measure or other matter complained of, indicate the provisions of this Treaty that it considers relevant, and shall deliver the request to its section of the Secretariat and the other Party. 4. Unless it decides otherwise, the Commission shall meet within 10 days of delivery of the request and, with a view to reaching a mutually satisfactory settlement to the dispute, may:
5. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly. CHILE- PERU Annex 8 Article 5 Should a mutually satisfactory settlement not be reached within the time indicated in Article 4 or should the dispute be settled only partially, any signatory country, through its competent national agency, may request in writing that the Administrative Commission meet to discuss the matter. Article 6 The signatory country that requests a meeting of the Administrative Commission shall state the reasons in its petition and shall indicate the provisions of the Agreement it considers relevant. The Administrative Commission shall evaluate the situation, giving the signatory countries the opportunity to state their positions and requesting, if it considers it necessary, technical information on the case. The Administrative Commission shall meet within the fifteen (15) days following receipt of the request for the meeting, and the duration of the procedure may not exceed fifteen (15) consecutive days from the date on which the Administrative Commission met, unless otherwise agreed by the signatory countries. CHILE-VENEZUELA Article 31….
Article 33 To improve the operation of this Agreement, the signatory countries agree to establish an Administrative Commission, under the presidency of the Ministry of Foreign Affairs in the case of Chile, and the Ministry of Foreign Trade, through the Institute of Foreign Trade, in the case of Venezuela, or by the persons they designate to represent them. In special cases, depending on the nature of the issues pending, the Administrative Commission may be chaired by the ministers with expertise in the particular area. This Commission shall be formed within 30 days following the entry into force of this Agreement and shall establish its own regulations. Each signatory country shall designate a competent national agency to act as the national secretariat for this Agreement. The functions of these agencies shall be established in the regulations of the Administrative Commission. The Commission shall have the following attributes: …
COSTA RICA-ARGENTINA Article 9 To facilitate compliance with and development of this Convention, the Contracting Parties agree to set up a Mixed Costa Rican-Argentine Commission for Economic Cooperation and Commercial Trade, which shall meet alternatively in San José and Buenos Aires, twice a year, or as often as the Contracting Parties deem appropriate. This Commission may, inter alia: …. c) Settle all disputes that may arise in the process of enforcing this Agreement. COSTA RICA-MEXICO Article 16-01: Administrative Commission 1. The Parties hereby establish an Administrative Commission consisting of the officials referred to in Annex 1 to this Article. 2. The Commission shall have the following functions:
… 3. The Commission may:
Annex I to Article 16-01: Officials of the Administration Commission The officials referred to in Article 16-01 are:
Article 17-06: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter not be resolved pursuant to Article 17-05 within forty-five days after the delivery of the request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 4-25 (Dispute Settlement), 5-25 (Referral to the Committee on Rules of Origin), and 11-20 (Technical Consultations). 3. The Party shall state in the request the measure or other matter complained of, shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its national section of the Secretariat and the other Party. 4. The Commission shall convene within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, may:
COSTA RICA-URUGUAY Article XII The Contracting Parties agree to create a Mixed Costa Rican-Uruguayan Commission for Economic Cooperation that shall meet in the place and on the dates they agree upon. The essential duties of the Mixed Commission shall be: … To serve as a forum for settling disputes that may arise between the Contracting Parties from the application of this Convention. COSTA RICA-VENEZUELA Convention of Partial Scope Article 45.- In order to administer and to ensure the best operation of this Agreement, the signatory countries agree to set up a Mixed Commission, composed of government representatives from both countries. Article 46.- The Commission referred to in the above article shall meet as many times as necessary and shall have, inter alia, the following attributes: … 2. To make to the governments of the signatory countries recommendations deemed appropriate to settle disputes that may arise regarding the interpretation and application of this Agreement. … 5. To ensure compliance with the provisions of this Agreement. DOMINICAN REPUBLIC-COSTA RICA Article XI The Contracting Parties agree to create a Mixed Standing Commission to execute the Clauses of this Agreement, Agreement, composed of representatives of the Institutions designated by the Executive Branch of each country, whose duties shall be: …
Article XVI Any disputes that may arise concerning the interpretation and application of any of the clauses of this Contract shall be settled peacefully between the Parties, in a spirit of collaboration and for the benefit of both Parties. In exceptional cases, when this is not possible, the Parties agree to name an Arbitration Commission, whose decision they are obligated to accept. ECUADOR-ARGENTINA Article 23. Disputes that may arise as a result of the implementation of this Agreement shall be settled by direct negotiations between the signatory countries. Should no solution be found within 30 days after the notification of a dispute, which period of time may be extended by mutual agreement, the signatory countries shall submit the dispute to the consideration of the Council provided for in Article 18. Upon evaluating the situation, the Council shall formulate the pertinent recommendations to settle the dispute, within a period of 60 days. To this end, the Council may reestablish or convene panels or groups of experts to draw on their technical advice. Likewise, the Council shall approve a final dispute settlement procedure six months after its establishment. ECUADOR-MEXICO Article 33 3) Make such recommendations to the governments of the signatory countries as deemed appropriate to settle disputes that may arise as a result of the interpretation and application of this Agreement. ECUADOR-PARAGUAY Article 40. To submit to the governments of the signatory countries proposals deemed appropriate for settling disputes that may arise as a result of the interpretation and application of this Agreement. ECUADOR-URUGUAY Article 22. Disputes that may arise as a result of the implementation of this Agreement shall be settled by direct negotiations between the signatory countries. Should no solution be found within 30 days after the notification of a dispute, which period of time may be extended by mutual agreement, the signatory countries shall submit the dispute to the consideration of the Council provided for in Article 19. Upon evaluating the situation, the Council shall formulate the pertinent recommendations to settle the dispute, within a period of 60 days. To this end, the Council may reestablish or convene panels or groups of experts to draw on their technical advice. Likewise, the Council shall approve a final dispute settlement procedure six months after its establishment. MEXICO-NICARAGUA Article 19-01: Administrative Commission The Parties hereby establish an Administrative Commission consisting of the officials referred to in Annex 1 to this Article or the individuals they may appoint to that effect. 2. The Commission shall have the following functions:
3. The Commission may:
Annex I to Article 19-01: Officials of the Administration Commission The officials referred to in Article 19-01 are:
Article 20.06: Intervention by the Commission, Good Offices, Conciliation, and Mediation 1. Either Party may request in writing a meeting of the Commission should a matter not be resolved pursuant to Article 20-05 within a period of forty-five days after the delivery of the request for consultations. 2. A Party may also request in writing a meeting of the Commission where consultations have been held pursuant to Articles 5-14 and 14.18. 3. The Party that initiates the proceeding shall state in the request the measure or other matter complained of, shall indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to its Secretariat and the other Party. 4. The Commission shall convene within ten days of the delivery of the request, and in order to reach a mutually satisfactory settlement of the dispute, may:
PANAMA-COLOMBIA Article 32. Disputes that may arise in the execution of this Agreement shall be settled by means of direct consultations between the coordinating entities of the Parties. Should an agreement not be reached within thirty (30) days of notification of the dispute, a period that may be extended by mutual agreement, the Parties shall refer the matter to the Council established in Article 35, which shall review the situation, and formulate, within a period of sixty (60) days, the pertinent recommendation for the settlement of the dispute. To that end, the Council may establish or convene panels of experts or groups of experts in order to obtain their technical advice. Moreover, the Council shall approve a permanent system for the settlement of disputes within six (6) months of its establishment, using as a frame of reference international guidelines in this area. Article 35. In order to administer and develop this Agreement, the Parties agree to establish an Administrative Council, called the Council, which shall be comprised of representatives of the public and private sectors designated by the respective Governments. For the Republic of Panama, coordination shall be done by the Ministry of Trade and Industry, through the Panamanian Institute of Foreign Trade, and for the Republic of Colombia, by the Ministry of Foreign Trade. This Council shall form the working groups that it deems appropriate in order to perform its functions. PANAMA-COSTA RICA Article 23 This Treaty and any rules derived therefrom shall be administered by a Joint Standing Commission made up of the Ministers of Industry and Commerce or their representatives and any advisors from the public and private sectors that the Contracting Parties may name. The decisions of this Commission shall be binding on the Signatory States. Article 24 The Joint Standing Commission shall have the following attributes:
Rules Article 16: The Joint Standing Commission shall be composed of the Minister of the Economy and Commerce of Costa Rica and the Minister of Commerce and Industry of Panama or their respective representatives, and any advisors from the public and private sectors that the Contracting Parties may name. All members of the Commission must be duly accredited. Upon the request of one of the Parties, other persons, such as those affected by the matters before the Commission, may participate in the meetings of the Joint Commission in order to provide all the information that contributes to the best possible decision being taken. Article 17: The Joint Standing Commission shall have the following attributes: ….
Article 22: The decisions and agreements of the Commission shall be taken by mutual agreement of the Ministers or their representatives. Such decisions and agreements are binding on the Signatory States and will take effect as of an exchange of notes between the Ministries of Foreign Affairs when so stipulated by the Treaty. When not so stipulated, they will enter into force on the date set by the Joint Standing Commission. Article 27: Any differences and disputes between the parties regarding the interpretation or application of the Treaty and Rules shall be resolved initially through direct settlement between the Administrative Authorities. If they cannot reach agreement, the matter will be sent to the Joint Commission. Persons with a direct interest in the matter in dispute shall not sit on the Commission when the matter is before it. Article 29: The Administrative Authority to whom the request is made, shall attend to the matter raised by its counterpart and respond within fifteen (15) calendar days counting from the date of the written communication. If no satisfactory solution has been reached in that time period, either Party can refer the matter to the Joint Commission for review and decision, pursuant to the procedure previously established in these Rules. PANAMA-DOMINICAN REPUBLIC Article XVI In order to coordinate the activities that shall be developed in the execution of this Agreement, the Contracting Parties agree to create a Permanent Mixed Commission, comprised of the Minister of Foreign Affairs of the Dominican Republic and the Minister of Trade and Industry of Panama, who will preside over the Committee, and advisors from the public and private sectors that each Contracting Party shall designate. The decisions of this Comission shall be binding to the Signatory States. This Commission shall meet at least once a year or when requested by one of the Contracting Parties, and the venue of its meetings shall alternate between the Dominican Republic and Panama. Article XVII The Permanent Mixed Commission shall have the following attributes:
PANAMA-EL SALVADOR Rules Article 19: The Permanent Joint Commission shall be composed of the Minister of Foreign Trade of El Salvador and the Minister of Trade and Industry of Panama, or their representatives, as well as public and private sector advisors designated by each Contracting Party. The Committee members must be duly accredited. At the request of one of the Parties, other persons affected by the problems under review by the Committee may participate in the Committee meetings for the purpose of providing any information that may contribute to the most appropriate decision on the problem. Article 20: The Permanent Joint Commission shall have the following attributes: ….
Article 25: The decisions and agreements of the Commission shall be taken by mutual agreement of the Ministers or their representatives. Such decisions and agreements are binding on the Signatory States and will take effect as of an exchange of notes between the Ministries of Foreign Affairs when so stipulated by the Treaty. When not so stipulated, they will enter into force on the date set by the Joint Standing Commission. Article 30: Differences and disputes arising between the Parties from the interpretation or application of the Treaty or Rules shall, in the first instance, be settled by the States Parties through direct settlement between the Administrative Authorities. If such settlement should not prove possible, the matter shall be referred to the Joint Commission. Persons with a direct interest in the matter in dispute may not take part in its review as members of the Committee. Article 32: The Administrative Authority to whom the request is submitted shall attend to the matter raised by its counterpart and respond within 15 calendar days reckoned from the date of the written communication. If, after such period of time, a satisfactory settlement has not been reached, the matter may be brought by either Party before the Joint Commission for review and decision, in accordance with Article 12 of these Rules. PANAMA-GUATEMALA Article 21 This Treaty and any rules derived therefrom shall be administered by a Joint Standing Commission made up of the Ministers of the Economy and of Industry and Commerce or their representatives and any advisors from the public and private sectors that the Contracting Parties may name. Decisions of the Joint Commission shall be binding on the Signatory States. Article 22 The Joint Standing Commission shall have the following attributes: ….
Rules Article 19: The Joint Standing Commission shall be composed of the Minister of the Economy of Guatemala and the Minister of Commerce and Industry of Panama or their respective representatives, and any advisors from the public and private sectors that the Contracting Parties may name. All members of the Joint Commission must be duly accredited. Upon the request of one of the Parties, other individuals, such as those affected by the matters before the Commission, may participate in meetings in order to inform and contribute to the best possible decision being taken. Article 20: The Joint Standing Commission shall have the following attributes: ….
Article 26: The decisions and agreements of the Commission shall be taken by mutual agreement of the Ministers or their representatives. Such decisions and agreements are binding on the Signatory States and will take effect as of an exchange of notes between the Ministries of Foreign Affairs when so stipulated by the Treaty. When not so stipulated, they will enter into force on the date set by the Joint Standing Commission. Article 31: Any differences and disputes between the parties regarding the interpretation or application of the Treaty and Rules shall initially be resolved by direct settlement between the Administrative Authorities. If they cannot reach agreement, the matter will be referred to the Joint Commission. Any person with a direct interest in the question shall not sit on the Commission when the matter is before it. Article 33: The Administrative Authority to whom the request is made, shall attend to the matter raised by its counterpart and respond within twenty (20) calendar days counting from the date of the written communication. If no satisfactory solution has been reached in that time period, either Party can refer the matter to the Joint Commission for examination pursuant to the provisions of these Rules. PANAMA-HONDURAS Article 23 This Agreement and the rules thereof shall be administered by a Joint Standing Commission consisting of the Minister of Economy of Honduras and the Minister of Commerce and Industry of Panama or their representatives, as well as such advisors from the public, private, business and labor sectors as each Contracting Party may appoint. The Commission’s decisions shall be binding to the Signatories. Article 24 The Joint Standing Commission shall have the following attributes:
PANAMA-MEXICO Article 25 The administration of this Agreement shall be the responsibility of the Sub-Commission on Trade, which was established as part of the Standing Mixed Commission on Economic Cooperation between Panama and Mexico chaired by representatives of the Ministry of Trade and Industry of the Republic of Panama and of the Ministry of Trade and Industrial Development of Mexico. The Sub-Commission shall have, inter alia, the following attributes:
… The Sub-Commission … shall adopt its own rules of procedure. PANAMA - NICARAGUA Article 23 This Treaty and rules derived therefrom shall be administered by a Joint Standing Commission made up of the Ministers of Industry and Commerce and of the Economy, Industry and Commerce, or their representatives and any advisors from the public and private sectors that the Contracting Parties may name. Decisions of this Commission shall be binding on the Signatory States. Article 24 The Joint Standing Commission shall have the following attributes: …
Rules Article 15: The Joint Standing Commission shall be composed of the Minister of Commerce and Industry of Panama and the Minister of the Economy, Industry and Commerce of Nicaragua, or their respective representatives, and any advisors from the public and private sectors that the Contracting Parties may name. All members of the Commission must be duly accredited. Upon the request of one of the Parties, other individuals, such as those affected by the matters before the Commission, may participate in meetings of the Joint Commission. Article 16: The Joint Standing Commission shall have
the following attributes:
Article 21: The decisions and agreements of the Commission shall be taken by mutual agreement of the Ministers or their representatives. Such decisions and agreements are binding on the Signatory States and will take effect as of an exchange of notes between the Ministries of Foreign Affairs when so stipulated by the Treaty. When not so stipulated, they will enter into force on the date set by the Joint Standing Commission. Article 26: Any differences and disputes that arise between the parties regarding the interpretation or application of the Treaty and the Rules, as well as competition problems facing an enterprise or branch of industry, may be resolved by direct settlement between the Administrative Authorities. If they cannot reach agreement, the matter shall be referred to the Joint Commission. Any person with a direct interest in the matter shall not sit on the Commission when the mater is before it. Article 28: The Administrative Authority to whom the request is made must attend to the matter raised by its counterpart and respond within fifteen (15) calendar days from the date of the written communication. If no reply is received within that period, or if the reply is negative, either Party can refer the matter to the Joint Commission for examination and decision in accordance with the procedure previously established in these Rules.
ANDEAN COMMUNITY Cartagena Agreement Section E - One Court of Justice of the Andean Community Article 40. The Court of Justice is the judicial body of the Andean Community. Article 41. The Court of Justice of the Andean Community is governed by its Charter, its modifying protocols and this Agreement. Treaty - Court of Justice Article 6.- The Court of Justice of the Cartagena Agreement is hereby created as a main body of the Agreement, with the organization and competence established herein. The Court shall be based in the city of Quito, Ecuador. Article 7.- The Court shall consist of five magistrates who must be natives of Member Countries, enjoy a good moral reputation and meet the necessary conditions for exercising the highest judicial role in their respective countries, or be highly competent jurists. Magistrates shall enjoy full independence to exercise their duties. They must not undertake any other professional activity, raid or otherwise, except teaching; they shall also abstain from any actions that are incompatible with the nature of their role. At the request of the Court, and by a unanimous vote, the Commission of the Cartagena Agreement is hereby authorized to change the number of magistrates and to create the position of Attorney General, in accordance with the number and authority to that effect established in the Bylaws referred to in Article 14. Article 8.- The magistrates shall be appointed from three-memberslists submitted by each Member Country and by the unanimous decision of the Plenipotentiary Representatives entitled to do so. The Government of the host country shall assemble the Plenipotentiary Representatives. Article 9.- Magistrates shall be appointed for a period of six years, which shall be partially renewed every three years; they may only be re-elected once. Article 10.- Magistrates shall each have a first and second deputy to replace them, in order, in the event of a definitive or temporary absence or due to an impediment or objection, in accordance with the provisions set forth in the Court’s Bylaws. Deputies must have the same qualities as the principal Magistrates. They shall be appointed on the same date, in the same manner and for the same period as the principal magistrates. Article 11.- At the request of the Government of a Member Country and in accordance with the procedure set forth in the Court’s Bylaws, magistrates may be removed only if they have committed a serious fault envisaged therein while exercising their role. To this end, the Governments of Member Countries shall appoint Plenipotentiary representatives who, once summoned by the host country, shall solve the case at a special meeting in which they must reach a unanimous decision. Article 12.- At the end of their period, magistrates shall remain in office until such time as the person replacing them takes over. Protocol of Cochabamba Article 5. The Andean Community Court of Justice is hereby created as the Community’s jurisdictional organ, with the organization and powers set forth in this Treaty and its Amending Protocols. The Court is located in the city of Quito, Ecuador. Article 6. The Court is composed of five judges who are to be nationals of the member countries, have a high moral reputation, and have the characteristics required in their respective countries to exercise the highest judicial functions or to be jurists of notable authority. The judges will enjoy full independence in the exercise of their functions, may not carry out other professional activities, remunerated or unremunerated, except teaching, and they shall abstain from any action incompatible with the nature of their position. The Andean Council of Ministers for Foreign Affairs, in consultation with the Court, may change the number of judges and create the position of general attorney, in the number and with the authority which the charter referred to in Article 13 establishes. Article 7. The judges will be named from short lists of candidates submitted by each member country, and by the unanimous vote of the Plenipotentiaries accredited for the purpose. The government of the host country will convene the Plenipotentiaries. Article 8. The judges will be appointed for a six-year term, and a portion of these will be replaced every three years, and may be reelected once and once only. Article 9. Each judge will have a first and second alternate to take over his position in cases of permanent or temporary absence, as well as in cases of disability or recusal, as set forth in the Court’s charter. Alternates must meet the same criteria as the principals. They will be appointed on the same dates, in the same manner and for the same period as the principals. Article 10. The judges may be removed at the request of the government of a member country, only when he has failed seriously in the exercise of his duties, as provided for in the Court’s charter, and in accordance with the procedure therein set forth. For this purpose, the governments of the member countries will designate Plenipotentiaries who, after being convened by the government of the host country, will deal with the case and resolve it unanimously in special session. Article 11. At the end of his term, the judge will continue in his post until such time as his replacement takes the bench. CARICOM Annex: Article 11 - Disputes Procedure within the Common Market 2. 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. The Council shall refer the matter at the request of any Member State concerned to the Tribunal. Member States shall furnish all information which may be required by the Tribunal or the Council in order that the facts may be established and the issue determined. Annex: Article 12 - Reference to Tribunal 1. The establishment and composition of the Tribunal referred to in Article11 of this Annex shall be governed by the following provisions of this Article. 2. For the purposes of establishing an ad hoc tribunal referred to in Article 11 of this Annex, a list of arbitrators consisting of qualified jurists shall be drawn up and maintained by the Secretary-General. To this end, every Member State shall be invited to nominate two persons, and the names of the persons so nominated shall constitute the list. The term of an arbitrator, including that of any arbitrator nominated to fill a vacancy, shall be five years and may be renewed. 3. Each party to the dispute shall be entitled to appoint from the list an arbltrator to an ad hoc tribunal. The two arbitrators chosen by the parties shall be appointed within 30 days following the date on which the notification was received by the Secretary-General. The two arbitrators shall within 15 days following the date of the last of their own appointments, appoint a third arbitrator from the list who shall be the chairman; as far as practicable the chairman shall not be a national of any of the parties to the dispute. 4. Where the first two arbitrators fail to appoint a chairman within the period prescribed, the Secretary-General shall within 15 days following the expiry of that period appoint a chairman. If any party fails to appoint an arbitrator within the period prescribed for such an appointment, the Secretary-General shall appoint an arbitrator within 15 days following the expiry of such period. Any vacancy shall be filled in the manner specified for the initial appointment. 5. Where more than two Member States are parties to a dispute, the parties concerned shall agree among themselves on the two arbitrators to be appointed from the list. In the absence of such appointment within the prescribed period, the Secretary-General shall appoint a sole arbitrator whether from the list or otherwise, for the purpose. …. 7. The Secretary-General shall provide the ad hoc tribunal with such assistance and facilities as it may require. 8. The expenses of-the ad hoc tribunal shall be defrayed in such manner as determined by the Council. CACM Article XXVI 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. GROUP OF THREE Article 19-07: Recourse to an Arbitral Tribunal 1. Any of the consulting Parties may request, in writing, that an arbitral tribunal be set up whenever the Commission has met in accordance with Article 19-06, paragraph 4 and the matter has not been resolved within:
2. The requesting Party shall deliver its request to the responsible national bodies of the other Parties. Upon receipt of the request, the Commission shall establish an arbitral tribunal. Article 19-08: Roster of Arbitrators 1. The Commission shall establish a roster of up to thirty (30) individuals who are willing and able to serve as arbitrators. 2. The persons on that list:
Article 19-09: Formation of the Arbitral Tribunal 1. Where there are two disputing Parties, the following procedures shall apply:
2. When there are more than two disputing Parties, the following procedure shall apply:
3. Arbitrators shall normally be slected from the roster referred to in Article 19-08. Article 19-10: Rejection Any disputing party may exercise a peremptory challenge against any individual, within fifteen days of being proposed by a disputing party, as an arbitrator and who is not on the roster referred to in Article 19-08. Article 19-11: Remuneration and Expenses. 1. The Commission shall establish the amounts of remuneration and expenses that will be paid to arbitrators. 2. The remuneration of arbitrators, their travel and lodging expenses and all general expenses of the arbitral tribunal shall be borne equally by the disputing Parties. 3. Each arbitrator shall keep a record and render a final account of the person’s time and expenses, and the arbitral tribunal shall keep a record and render a final account of all general. MERCOSUR Protocol of Brasilia Article 7 1. When a controversy cannot be resolved through the application of the procedures referred to in Chapters II and III, any of the State Parties to the controversy can communicate to the Administrative Secretariat its intention to resort to the arbitral procedure which is established in the present Protocol. Article 9 1. The arbitral procedure will be tried before an ad hoc Tribunal composed of three (3) arbitrators contained in a list which is referred to in Article 10. 2. The arbitrators will be chosen in the following manner:
Article 10 Each State Party will designate ten (10) arbitrators, which will be included in a list which will be registered with the Administrative Secretariat. The List, as well as any successive modifications, will be made known to the State Parties. Article 11 If one of the State Parties to the controversy should not nominate its arbitrator within the time limit indicated in Article 9, then he or she shall be chosen by the Administrative Secretariat from among the arbitrators of this State, pursuant to the order established in its respective list. Article 12 1. If no agreement can be reached between the State Parties to the controversy concerning the selection of a third arbitrator within the time limit established in Article 9, the Administrative Secretariat, at the request of either, will proceed to designate the arbitrator by lottery from among a list of sixteen (16) arbitrators put together by the Common Market Group. 2. The aforesaid list, which should also be registered with the Administrative Secretariat, will be made up in equal parts of nationals from the State Parties and of nationals from third countries. Article 13 The arbitrators that make up the lists which are referred to in Articles 10 and 12 should consist of jurists of recognized competence in those matters which can be the subject matter of a controversy. Article 14 If two or more State Parties maintain the same position in a controversy, they will unify their representation before the Arbitral Tribunal and will designate one arbitrator upon common agreement within the time limit established in Article 9(2)(i). Article 24 1. Each State Party to a controversy shall defray the costs arising from the performance of duties by its designated arbitrator. 2. The President of the Arbitral Tribunal shall receive pecuniary compensation, which, along with the other costs of the Arbitral Tribunal, should be defrayed in equal amounts by the State Parties to the controversy, unless the Tribunal decides to distribute them in different proportions. Rules of the Protocol of Brasilia Article 9: The states Parties involved in the dispute shall name, in addition to the arbitrators referred to in Article 9 of the Brasilia Protocol, an alternate arbitrator with all the qualifications required of the other arbitrators. This alternate shall act as a substitute in case of sickness or other problem resulting in the absence of the third arbitrator, either at the time the Arbitration Board is formed or after the proceedings have begun. Article 10: By mutual agreement, the States Parties involved in the dispute may each choose the arbitrator they have the right to name from a list of names prepared by the other party. Article 11. If either of the States Parties involved in the dispute fails to appoint an arbitrator within the fifteen (15) days allowed by Article 9 of the Brasilia Protocol, the MERCOSUR Administrative Secretariat shall appoint someone to the position in accordance with Article 11 of the Protocol and within three (3) days of the passing of the previous deadline. Article 12.: If there is no agreement on the third arbitrator and/or alternate, either of the Parties involved in the dispute may request the MERCOSUR Administrative Secretariat to proceed to choose said arbitrator through a drawing, as described in Article 12 of the Brasilia Protocol. This shall be done within three (3) days of the request being received. Article 13: A State Party can at any time modify the roster of experts it has submitted as part of the process of creating the list referred to in Article 30 of the Protocol of Brasilia. Nevertheless, once a dispute or complaint has been submitted to the Common Market Group in accordance with Article 4 of the Protocol of Brasilia, or received by this body in accordance with Article 29 of the same, for the case in question States Parties will not be able to introduce any changes in the list previously submitted to the MERCOSUR Administrative Secretariat. Article 14. A State Party can at any time modify the roster of experts it has submitted as part of the process of creating the lists referred to in Articles 10 and 12 of the Protocol of Brasilia. Nonetheless, once a State Party has informed the Administrative Secretariat of its intention to resort to Arbitration, in accordance with Article 7 of the Protocol of Brasilia, for the case in question it shall not be able to modify the list it has previously submitted to the MERCOSUR Administrative Secretariat. Article 15. Individuals who have in any capacity participated in earlier stages of the proceedings, or who do not possess the requisite independence from the governments of the States Parties, shall not be eligible to act as arbitrators. Article 17: The person designated chairman of the Arbitral Tribunal will be notified of such designation by the Administrative Secretariat in accordance with the provisions of Article 9.2(1) or of Article 12 of the Protocol of Brasilia. … Article 31: The expenses of the Arbitral Tribunal include monetary compensation of the chairperson and other arbitrators, and the cost of tickets and other travel, travel allowances, notifications ad any other expenses caused by the arbitration. Article 32: The monetary compensation of the Arbitral Tribunal Chair referred to in Article 24.2 of the Protocol of Brasilia and of the other arbitrators is to be set jointly by the States involved in the dispute and then agreed upon with the arbitrators within a maximum of five (5) days of the designation of the Arbitration Tribunal Chair. Article 33: The Common Market Group shall periodically establish reference figures for determining the monetary compensation paid to arbitrators and experts and parameters for travel costs and allowances and other expenses. Artículo 34 To process the payment of fees for the arbitrators and experts, as well as any other expenses they incurred, all relevant receipts, vouchers and invoices shall be submitted. Article 39: The time periods established in the Protocol of Brasilia and in these rules shall be calculated as consecutive days. Article 40: All communications referred to in the Brasilia Protocol and in these regulations shall be made in the best possible way and shall require confirmation of receipt. Article 41: All documents and proceedings connected to the procedures established in the Brasilia Protocol and in these rules, as well as all sessions of the Arbitral Tribunal, shall be considered privileged information, with the exception of the decision of the Arbitral Tribunal. NAFTA A. Arbitral Panel Article 2008: Request for an Arbitral Panel 1. If the Commission has convened pursuant to Article 2007(4), and the matter has not been resolved within:
2. On delivery of the request, the Commission shall establish an arbitral panel. …. 5. Unless otherwise agreed by the disputing Parties, the panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter. Article 2009: Roster 1. The Parties shall establish by January 1, 1994 and maintain a roster of 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. 2. Roster members shall:
Article 2010: Qualifications of Panelists 1. All panelists shall meet the qualifications set out in Article 2009(2). 2. Individuals may not serve as panelists for a dispute in which they have participatedpursuant to Article 2007(5). Article 2011: Panel Selection 1. Where there are two disputing Parties, the following procedures shall apply:
2. Where there are more than two disputing Parties, the following procedures shall apply:
3. Panelists shall normally be selected from the roster. Any disputing Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by a disputing Party within 15 days after the individual has been proposed. 4. If a disputing Party believes that a panelist is in violation of the code of conduct, the disputing Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article. Annex 2002.2: Remuneration and Payment of Expenses 1. The Commission shall establish the amounts of remuneration and expenses that will be paid to the panelists, committee members and members of scientific review boards. 2. The remuneration of panelists or committee members and their assistants, members of scientific review boards, their travel and lodging expenses, and all general expenses of panels, committees or scientific review boards shall be borne equally by:
3. Each panelist or committee member shall keep a record and render a final account of the person's time and expenses, and the panel, committee or scientific review board shall keep a record and render a final account of all general expenses. The Commission shall establish amounts of remuneration and expenses that will be paid to panelists and committee members. B. Scientific Review Board Article 2015: Scientific Review Boards 1. On request of a disputing Party or, unless the disputing Parties disapprove, on its own initiative, the panel may request a written report of a scientific review board on any factual issue concerning environmental, health, safety or other scientific matters raised by a disputing Party in a proceeding, subject to such terms and conditions as such Parties may agree. 2. The board shall be selected by the panel from among highly qualified, independent experts in the scientific matters, after consultations with the disputing Parties and the scientific bodies set out in the Model Rules of Procedure established pursuant to Article 2012(1). Model Rules of Procedure for Ch. 20 38. No panel may decide to request a written report of a scientific review board any later than 15 days after the date of the hearing, whether on its own initiative or at the request of a disputing Party. 39. Within five days after the date on which the panel decides to request a written report of a scientific review board, the panel shall request that the scientific bodies designated by each Party from time to time and set out in Appendix I provide, within 15 days after the date of the delivery of the request, a list of the names of possible members of the scientific review board, in such numbers as the panel requests and having expertise in the scientific matters that the panel identifies. 40. The panel shall deliver the request for the list of names of possible members of the scientific review board to the responsible section of the Secretariat which, in turn, shall provide for the delivery of copies of the request by the most expeditious means practicable to the other sections of the Secretariat and the participating Parties. 41. Within 25 days after its decision to request a written report of a scientific review board and after consulting the disputing Parties, the panel shall select up to three members to constitute the scientific review board. The panel shall make its selection from the lists provided by the scientific bodies wherever possible. 42. The panel shall not select as a member of a scientific review board an individual who has, or whose employers, partners, business associates or family members have, a financial or personal interest in the proceeding. TRIPARTITE TREATY Article XXIX. …. [I]t may submit the matter to an arbitration panel constituted in the following way: each of the Contracting Parties will propose to the Executive Council the names of three judges from its Supreme Court. From the total list of candidates, the Council will select by lot three judges for the panel, each of a different nationality. CENTRAL AMERICA - DOMINICAN REPUBLIC Article 16.05: Perishable Goods In any dispute involving perishable goods, the Parties, the Council and the arbitration panel shall accelerate to the greatest possible extent the time periods established in this chapter. Article 16.08: Request for an Arbitral Panel 1. Any Party may request in writing the establishment of an arbitration panel if the Council, has convened pursuant to Article 16.07(4), and the matter has not been resolved within:
2. The requesting Party shall deliver the request to the Council (through its National Section of the Secretariat) and to the other Parties. The Council shall invite all other consulting Parties to participate in the arbitration process. The Parties shall have a period of ten (10) days within which to respond. 3. After such period of time, the Council shall establish a single arbitral panel with the Parties that accepted the invitation to participate. 4. The Parties which did not accept to participate in the arbitral panel pursuant to Paragraph 3 above shall not lose their right to request the establishment of a different arbitral panel as set forth in this Chapter, provided that the scope, nature or cause originating the dispute not be the same, at the discretion of the interested Party. 5. Unless otherwise agreed upon by the disputing Parties, the arbitration so established shall perform its duties in compliance with this Chapter. Article 16:09: Roster of Arbitrators 1. The Parties shall complete a roster of thirty (30) individuals who are willing and able to serve as arbitrators. 2. Arbitrators on the roster shall be appointed by agreement among the Parties to serve for three years and may be reappointed for similar periods. 3. The roster shall include three (3) national experts from each Party and twelve (12) experts who are not nationals of any of the Parties. 4. Arbitrators on the roster shall have the qualifications stipulated in Article 16:10(1) below. Article 16.10: Qualifications of Arbitrators 1. All arbitrators shall meet the following qualifications:
2. Persons may not serve as arbitrators in the same dispute in which they have participated pursuant to Article 16.07(4). Article 16.11: Establishment of an Arbitral Panel 1. The following procedures shall apply for the establishment of an arbitral panel:
2. Panelists shall preferably be selected from the roster. Within five days after the proposal has been made, any disputing Party may exercise a peremptory challenge against any individual who is not on the roster and who is being proposed as a panelist by a disputing Party. 3. If a disputing Party believes that an arbitrator is in violation of the Code of Conduct, the disputing Parties shall consult and if they agree, the arbitrator shall be removed and a new arbitrator shall be selected in accordance with this Article. Article 18.01: Joint Administration Council 2. The Council shall fulfil the following duties:
MERCOSUR-BOLIVIA Annex 11 Article 7 Expert Group Where the matter cannot be solved by means of the mechanism provided for in Article 6 above, the Commission shall establish an ad hoc expert group consisting of three experts from the roster referred to in Article 8 below. The expert group shall be established as follows:
The experts’ per diems shall be defrayed by the Party appointing them. The Chairperson’s fees and other expenses of the Expert Group shall be equally dispensed between the Parties. Article 8 Each Contracting Party shall appoint eight (8) experts to the roster within three (3) months from the execution of this Agreement. The roster shall consist of individuals who are highly competent in trade issues and other matters which may be subject to a dispute within this Agreement. Also, each Party shall appoint eight (8) experts from third countries for the purposes of the draw provided for in Article 7(b). Article 9 The Commission shall make up a roster based on the Parties’ proposals; the Commission shall from time to time update such roster and advise the Parties of any changes thereto. … Article 14 The dispute settlement procedure referred to in this Annex shall be in force for a maximum of three (3) years, after which time a new facility shall be established which shall include an arbitration procedure, to be implemented from the beginning of the fourth year of the entry into force of this Agreement, at the latest. Where the Parties fail to complete negotiations or no agreement is reached on said procedure, within the timeframe established in the previous paragraph, the Parties shall adopt the arbitration procedure established in Chapter IV of the Brasilia Protocol, a copy of which is attached hereto. MERCOSUR-CHILE Annex 14 Article 7. Expert Group Where the matter cannot be solved by means of the mechanism provided for in Article 6 above, the Commission shall establish an ad hoc expert group consisting of three experts from the roster referred to in Article 8 below. The expert group shall be established as follows:
The experts’ per diems shall be defrayed by the Party appointing them. The Chairperson’s fees and other expenses of the Expert Group shall be equally dispensed between the Parties. Article 8 Each Contracting Party shall appoint eight (8) experts to the roster within three (3) months from the execution of this Agreement. The roster shall consist of individuals who are highly competent in trade issues and other matters which may be subject to a dispute within this Agreement. Also, each Party shall appoint eight (8) experts from third countries for the purposes of the draw provided for in Article 7(b). Article 9 The Commission shall make up a roster based on the Parties’ proposals; the Commission shall from time to time update such roster and advise the Parties of any changes thereto. … Article 14 The dispute settlement procedure referred to in this Annex shall be in force for a maximum of three (3) years, after which time a new facility shall be established which shall include an arbitration procedure, to be implemented from the beginning of the fourth year of the entry into force of this Agreement, at the latest. Where the Parties fail to complete negotiations or no agreement is reached on said procedure, the Parties shall adopt the arbitration procedure established in Chapter IV of the Brasilia Protocol, a copy of which is attached hereto. ARGENTINA-CHILE Second Additional Protocol Article 7 When the dispute cannot be settled using the methods referred to in Chapters II and III, any party to the dispute may submit it to the arbitration proceedings set forth in this chapter. Article 8 The signatory country that decides to resort to arbitration shall notify its intention in writing to the other signatory country, through the national coordinating agency. Article 9 The signatory countries declare that they recognize as binding, ipso facto and without special agreement, the jurisdiction of the Arbitration Panel that is formed, on a case by case basis, to hear and settle all disputes referred to in Article 1 of this Resolution and hereby undertake to comply with its decisions. Article 10 1. The arbitration proceedings shall be heard before an ad hoc tribunal comprising three arbitrators from the list referred to in Article 11. 2. The arbitrators shall be appointed as follows:
Article 11 The Council shall prepare and maintain updated a list of arbitrators. To that end, each signatory country shall designate five arbitrators, who shall be kept on the list for a term of five years, subject to renewal. Article 12 Should one of the countries party to the dispute fail to appoint its arbitrator within the time frame indicated in Article 10, or should no agreement be reached between the parties on the choice of the third arbitrator within the time frame established in that article, the appointment(s) shall be made by the Secretary General of ALADI or the person designated by him, pursuant to Article 13. Article 13 1. In the cases envisaged in Article 12, the Secretary General of ALADI or person designated by him shall select the remaining national arbitrators for the list of arbitrators submitted by the country in question, taking into account the order established in said list. 2. The third arbitrator shall be appointed by random selection from a list of eight arbitrators and may not be a national of the parties to the dispute. This list shall comprise nationals of third countries that are members of ALADI. Article 14 The arbitrators comprising the list referred to in
Articles 11 and 13 shall be jurists of recognized competence in matters
that may be subject to dispute. The Council shall prepare the lists within
three months of the date of this Resolution. 1. Each country party to the dispute shall defray the costs of the services of the arbitrator it appoints. 2. The services of the President and the costs of the Arbitration Panel shall be defrayed in equal proportions, or as otherwise determined by the Tribunal, by the countries party to the dispute. ARGENTINA-VENEZUELA Article 21…After assessing the situation, THE COUNCIL shall make the relevant recommendations for settlement of the dispute within sixty (60) days. To that end, THE COUNCIL may establish or convene panels of experts or groups of experts to provide technical advisory assistance. BOLIVIA-CHILE Article 28 Should the direct negotiations through the competent national agencies or before the Administrative Commission not lead to a mutually satisfactory settlement of the dispute submitted, within 30 days, subject to extension by mutual agreement, the dispute shall be referred for consideration and judgment to an Arbitration Commission comprising three experts of recognized expertise in the matter, two of whom shall be appointed by each of the signatory countries and a third arbitrator, who shall preside over the Commission. The President may not be a national of the signatory countries and shall be appointed by the Secretary General of ALADI from among the names on a list of experts that the Administrative Commission shall prepare annually for this purpose. The Arbitration Commission shall be formed and begin its work no more than 20 days after the appointment of its members. BOLIVIA-MEXICO Annex to Article 18-02: Fees and Per Diems 1. The Commission shall set the fees and per diems to be paid to panelists and experts. 2. The fees and transportation and accommodation expenses of all panelists, assistants, and experts shall be equally dispensed between the Parties. 3. Each panelist and expert shall submit a final
record of his or her time and expenses. The arbitration panel shall keep a
similar record and submit a final report on overhead expenses. Article 19-06: Requesting the Establishment of an Arbitration Panel 1. Where the Commission, having convened pursuant to Article 19-05(4), failed to settle the dispute within forty-five days following the meeting, either Party may request in writing the establishment of an arbitration panel. The requesting Party shall advise its National Section of the Secretariat and the other Party of its request. 2. Upon receiving the request, the Commission shall establish an arbitration panel. 3. Unless otherwise agreed upon by the Parties, the arbitration panel shall be established and shall perform its duties in compliance with this Chapter. Article 19-07: Roster of Panelists 1. The Commission shall complete a roster of up to twenty (20) individuals with the necessary qualifications and the attitude to act as panelists. 2. Roster Members shall:
… Article 19-08: Panelist Qualifications 1. All panelists shall meet the qualifications provided for in Article 19-07(2) above. 2. Individuals who have been parties to a dispute under Article 19-05(4) may not be panelists to that dispute. Article 19-09: Establishment of an Arbitration Panel 1. The arbitration panel shall consist of five (5) members; 2. The Parties shall make reasonable efforts to agree on the designation of the chairperson of the arbitration panel within fifteen (15) days following the filing of a request to establish a panel. Should the Parties fail to agree on this issue within that period of time, one of the Parties, to be chosen by draw, shall designate the chairperson within five (5) days. The chairperson of the arbitration panel may not be a national of the Party appointing him/her. 3. Within fifteen (15) days after the election of the chairperson, each Party shall choose two panelists from the roster who are nationals of the other Party; 4. Should a Party fail to select a panelist within that period of time, the panelist shall be selected by draw from the roster among the nationals of the other Party. 5. Within fifteen (15) days after the proposal has been made, either Party may, without having to justify its decision, object to the appointment of any individual who is not on the roster and who is being proposed as a panelist by the other Party. 6. Where a Party considers that a panelist has violated the Code of Conduct, the Parties shall make consultations and may agree to remove that panelist and appoint another one in compliance with this Article. BRAZIL-PERU Annex IV …c. If the dispute is not solved by this process, the Administrative Committee will immediately designate an arbitration panel made up of two experts from each signatory country and a fifth arbitrator who may not be a national of the signatory countries and who will chair the panel. If no agreement is reached on the appointment of the fifth arbitrator, the appointment will be made by the Secretary General of LAIA or whomever he designates. In this respect, any relevant LAIA rule that exists must be observed. CANADA-CHILE Article N-08: Request for an Arbitral Panel
a Party may request in writing the establishment of an arbitral panel. The requesting Party shall deliver the request to its Section of the Secretariat and the other Party. 2. On delivery of the request, the Commission shall establish an arbitral panel. 3. Unless otherwise agreed by the Parties, the panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter. Article N-09: Roster 1. The Parties shall establish by January 1, 1998 at the latest and maintain a roster of up to 20 individuals, 4 of whom must not be citizens of either of the Parties, who are willing and able to serve as panelists. The roster members shall be appointed by agreement of the Parties for terms of three years, and may be reappointed. 2. Roster members shall:
Article N-10: Qualifications of Panelists 1. All panelists shall meet the qualifications set out in Article N-09(2). 2. Individuals may not serve as panelists for a dispute in which they have participated pursuant to Article N-07(5). Article N-11: Panel Selection 1. The following procedures shall apply to panel selection:
2. Panelists shall normally be selected from the roster. A Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by the other Party within 15 days after the individual has been proposed. 3. If a Party believes that a panelist is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article. Article N-14: Scientific Review Boards 1. On request of a Party or, unless the Parties disapprove, on its own initiative, the panel may request a written report of a scientific review board on any factual issue concerning environmental, health, safety or other scientific matters raised by a Party in a proceeding, subject to such terms and conditions as the Parties may agree. 2. The board shall be selected by the panel from among highly qualified, independent experts in the scientific matters, after consultations with the Parties and the scientific bodies set out in the Model Rules of Procedure established pursuant to Article N-12(1). Annex N-02.2: Remuneration and Payment of Expenses 1. The Commission shall establish the amounts of remuneration and expenses that will be paid to the panelists, committee members and members of scientific review boards. 2. The remuneration of panelists or committee members and their assistants, members of scientific review boards, their travel and lodging expenses, and all general expenses of panels, committees or scientific review boards shall be borne equally by the Parties. 3. Each panelist or committee member shall keep a record and render a final account of the person's time and expenses, and the panel, committee or scientific review board shall keep a record and render a final account of all general expenses. CHILE-COLOMBIA Article 32. ….
Should there be no agreement on the appointment of the third arbitrator, said appointment shall be made by the Secretary General of ALADI or the person designated by him. CHILE-ECUADOR Article 32. ….
CHILE-MEXICO Article 33
If an agreement cannot be reached regarding the
selection of the fifth arbiter, the selection shall be made by the
Secretary General of LAIA or the person selected by him to do so. Free Trade Agreement Article 17-02: Secretariat … 2. Each Party shall: …
Annex 17-02: Remuneration and Payment of Expenses 1. The Commission shall establish the amounts of remuneration and expenses that will be paid to the panelists and their assistants, experts and members of scientific review committees. 2. The remuneration of panelists and their assistants, experts, and members of scientific review committees, their travel and lodging expenses, and all general expenses of the arbitration groups shall be borne equally by the Parties. 3. Each panelist, their assistants, experts and members of scientific review committees shall keep a record and render a final account of the person's time and expenses, and the arbitration group shall keep a record and render a final account of all general expenses. … Article 18-06: Request for an Arbitral Group 1. If the Commission has convened pursuant to article 18-05(4), and the matter has not been resolved within:
a Party may request in writing the establishment of an arbitral panel. The requesting Party shall deliver the request to its Section of the Secretariat and the other Party. 2. On delivery of the request, the Commission shall establish an arbitral group. 3. Unless otherwise agreed by the Parties, the group shall be established and perform its functions in a manner consistent with the provisions of this Chapter. Article 18-07: List of Arbitrators 1. The Parties shall establish by consensus by October 1, 1998, a list of up to 20 individuals who are willing and able to serve as arbitrators, four of which shall not be nationals of any Party. Such list may be modified every three years. 2. The members of the list shall:
Article 18-08: Qualities of Arbitrators 1. All of the arbitrators shall meet the qualifications the qualifications set out in article 18-07(2). 2. Individuals may not serve as arbitrators for a dispute in which they have participated pursuant to article 18-05(4). Article 18-09: Establishment of the Arbitral Group 1. The arbitral group shall comprise five members. 2. The Parties shall endeavor to appoint the Chair of the arbitral group within 15 after delivery of the request for establishment of the group. If the Parties are unable to reach agreement within this period, one of the Parties, selected by lot, shall designate a Chair within five days. The individual so designated may not be a national of the country of the Party that designated the chair. 3. Within 15 days of selection of the Chair, each Party shall select from the list two arbitrators who are nationals of the other Party. 4. If a Party fails to select an arbitrator within the period specified in paragraph 3, such arbitrator shall be selected by lot from among the individuals on the list that are nationals of the other Party. 5. Arbitrators shall normally be selected from the roster. Within 15 days after the proposal was made, any Party may exercise a peremptory challenge against any individual not on the roster who has been proposed as an arbitrator by one of the Parties. 6 If a Party believes that an arbitrator is in violation of the code of conduct, the Parties shall consult and if they agree, the arbitrator shall be removed and a new arbitrator shall be selected in accordance with this article. … Article 18-12: Scientific Review Boards 1. On request of a Party or, unless the Parties disapprove, on its own initiative, the arbitral group may request a written report of a scientific review board on any factual issue concerning environmental, health, safety or other scientific matters raised by a Party in a proceeding, subject to such terms and conditions as the Parties may agree. 2. The board shall be selected by the arbitral group from among highly qualified, independent experts in the scientific matters, after consultations with the Parties and in accordance with the model rules of procedure. CHILE-PERU Annex 8 Article 7 When the dispute cannot be settled by the intervention of the Administrative Commission or when the Administrative Commission does not meet within the time indicated in Article 6, any signatory country may decide to refer the matter to arbitration. In that event, the signatory country that decides to resort to arbitration shall notify the other signatory country and the Administrative Commission thereof in writing, so that an ad hoc arbitration tribunal may be formed. Article 8 The signatory countries hereby declare their recognition of the binding jurisdiction, ipso facto and without special agreement, of the Arbitration Tribunal which shall be formed in each case to hear and settle the disputes referred to in Article 1 of this Annex. Article 9 The arbitration proceedings shall be heard before an ad hoc tribunal comprising three arbitrators from the list referred to in Article 10. The Arbitration Tribunal shall be formed as follows: Article 10 The Commission shall prepare and maintain updated a list of arbitrators. To that end, the signatory country shall designate up to seven arbitrators for the list, who may be nationals or from third countries. The arbitrators must be persons with recognized expertise in matters that might be the subject of disputes and may not be government officials of the signatory countries. Similarly, each signatory country shall designate eight arbitrators from third countries for the random selection envisaged in Article 9(b). CHILE-VENEZUELA Article 31. …. c) Should the dispute not be settled in this manner, the Administrative Commission shall immediately appoint an arbitration group comprising one expert from each signatory country, selected form the list indicated in the preceding paragraph, and a third arbitrator, who shall serve as president and who may not be a national of the signatory countries. Should there be no agreement on the appointment of the third arbitrator, said appointment shall be made by the Secretary General of ALADI or the person designated by him. COSTA RICA-MEXICO Annex to Article 16-02: Remuneration and Payment of Expenses 1. The Commission shall establish the amounts of remuneration and expenses that will be paid to arbitrators, experts, and their assistants. 2. The remuneration of arbitrators, experts and their assistants, their travel and lodging expenses, and all general of the arbitral tribunals shall be borne equally by the Parties. 3. Panelists, their assistants, and experts shall keep a record and render a final account of the person’s time and expenses, and the arbitral tribunal shall keep a similar record and render a final account of all general expenses. … Article 17-04: Perishable Goods In any dispute involving perishable goods, the Parties, the Commission, and the arbitration panel referred to in Article 17-07 shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce the time periods established in this Chapter. … Article 17-07: Request for the Establishment of an Arbitral Tribunal 1. If the Commission has convened pursuant to Article 17-06(4), and the matter has not been resolved within 45 thereafter, either Party may request in writing the establishment of an arbitral tribunal. The requesting Party shall deliver the request to its National Section of the Secretariat and the other Party. 2. On delivery of the request, the Commission shall establish an arbitral tribunal. 3. Unless otherwise agreed upon by the Parties, the arbitral tribunal shall be established and shall perform its functions in compliance with this Chapter.
Article 17-08: Roster of Arbitrators 1. The Commission shall establish a roster of up to twenty persons who are willing and able to serve as arbitrators. The roster members shall be appointed by agreement of the Parties for terms of three years and may be reappointed. 2. Roster members
3. The roster shall include experts who are not nationals of either Party. Article 17-09: Qualifications of Arbitrators 1. All arbitrators shall meet the qualifications set out in Article 17-08(2). 2. Persons who have participated in a dispute pursuant to Article 17-06(4) may not serve as arbitrators in the same dispute. Article 17-10: Establishment of an Arbitral Tribunal 1. The arbitral tribunal shall comprise five members; 2. The Parties shall endeavor to designate of the Chair of the arbitral tribunal within 15 days of the delivery of the request for the establishment of a tribunal. If the Parties are unable to reach agreement within that period of time, the Party chosen by lot, shall select within five (5) days. If the Party does not do so, the other Party shall select the chair. The individual selected as chair of the arbitral tribunal may not be a national of the Party appointing him/her. 3. Within fifteen (15) days after the selection of the Chair, each Party shall choose two arbitrators who are nationals of the other Party; 4. If a Party fails to select an arbitrator within such period, such arbitrator shall be selected by lot from among the roster members who are nationals of the other Party. 5. Panelists shall preferably be selected from the roster. Within fifteen (15) days after the proposal has been made, either Party may exercise a peremptory challenge against any individual who is not on the roster and who is being proposed as an arbitrator by the other Party. 6. If a Party believes that an arbitrator is in violation of the code of conduct, the Parties shall consult, and if they agree, the arbitrator shall be removed and a new arbitrator shall be selected in accordance with this Article. DOMINICAN REPUBLIC-COSTA RICA Article XVI Any disputes that may arise concerning the interpretation and application of any of the clauses of this Contract shall be settled fraternally between the Parties, in a spirit of collaboration and for the benefit of both Parties. In exceptional cases, when this is not possible, the Parties agree to name an Arbitration Commission, whose decision they are required to accept. MEXICO-NICARAGUA Annex to Article 19-02: Remuneration and Payment of Expenses 1. The Commission shall establish the amounts of remuneration and expenses that will be paid to arbitrators, experts, and their assistants. 2. The remuneration of arbitrators, experts and their assistants, their travel and lodging expenses, and all general of the arbitral tribunals shall be borne equally by the Parties. 3. Panelists, their assistants, and experts shall keep a record and render a final account of the person’s time and expenses, and the arbitral tribunal shall keep a similar record and render a final account of all general expenses. Article 20-04: Perishable Goods In any dispute involving perishable goods, the Parties, the Commission, and the arbitral tribunal shall make every effort to accelerate the procedure to the greatest extent possible. To that effect, the Parties shall try to reduce the time periods established in this Chapter. … Article 20-07: Request for the Establishment of an Arbitral Tribunal 1. If the Commission has convened pursuant to Article 20-06(4), and the matter has not been resolved within 45 thereafter, either Party may request in writing the establishment of an arbitral tribunal. The requesting Party shall deliver the request to its National Section of the Secretariat and the other Party. 2. On delivery of the request, the Commission shall establish an arbitral tribunal. 3. Unless otherwise agreed upon by the Parties, the arbitration panel shall be established and shall perform its functions in compliance with this Chapter. Article 20-08: Roster of Arbitrators 1. The Commission shall establish a roster of up to 20 persons who are willing and able to serve as arbitrators. The roster members shall be appointed by agreement of the Parties for terms of three years and may be reappointed. 2. Roster members
3. The roster shall include experts who are not nationals of either Party. Article 20-09: Qualifications of Arbitrators 1. All arbitrators shall meet the qualifications set out in Article 20-08(4). 2. Persons who have participated in a dispute pursuant to Article 20-06(4) may not serve as arbitrators in the same dispute. Article 20-10: Establishment of an Arbitral Tribunal 1. The arbitral tribunal shall comprise five members; 2. The Parties shall endeavor to designate of the Chair of the arbitral tribunal within 15 days of the delivery of the request for the establishment of a tribunal. If the Parties are unable to reach agreement within that period of time, the Party chosen by lot, shall select within five (5) days. If the Party does not do so, the other Party shall select the chair. The individual selected as chair of the arbitral tribunal may not be a national of the Party appointing him/her. 3. Within fifteen (15) days after the selection of the Chair, each Party shall choose two arbitrators who are nationals of the other Party; 4. If a Party fails to select an arbitrator within such period, such arbitrator shall be selected by lot from among the roster members who are nationals of the other Party. 5. Panelists shall preferably be selected from the roster. Within fifteen (15) days after the proposal has been made, either Party may exercise a peremptory challenge against any individual who is not on the roster and who is being proposed as an arbitrator by the other Party. 6. If a Party believes that an arbitrator is in violation of the code of conduct, the Parties shall consult, and if they agree, the arbitrator shall be removed and a new arbitrator shall be selected in accordance with this Article. PANAMA-COLOMBIA Article 32. … [T]he Council may establish or convene panels of experts or groups of experts in order to obtain their technical opinion. Moreover, the Council shall approve a permanent system for the settlement of disputes within six (6) months of its establishment, using as a frame of reference international guidelines in this area. PANAMA-COSTA RICA Article 25….If they do not reach an agreement through the procedure set out in the Rules, the Contracting Parties agree to name an Arbitration Commission and accept its ruling. Rules Article 31: If the Mixed Commission cannot reach agreement on the question through the procedures established in these Rules, the Contracting Parties agree to appoint an Arbitral Commission for final resolution of their differences regarding interpretation or application of the norms regulating trade between them under the provisions of the Treaty. The Arbitration Commission shall be composed of three members: one arbitrator appointed by each of the Governments of the Contracting Parties, and a third arbitrator, to serve as President, chosen by the arbitrators representing the Governments. PANAMA- DOMINICAN REPUBLIC Article XVIII… If they do not reach an agreement through the procedure set out in the Rules, the Contracting Parties agree to name an Arbitration Commission and accept its ruling. PANAMA- EL SALVADOR Article 18 … If they do not reach an agreement through the procedure set out in the Rules, the Parties agree to name an Arbitration Commission and accept its ruling. Rules Article 34: In the event that an agreement cannot be reached by the Permanent Mixed Commission through the procedure set forth in these Rules, the Contracting Parties undertake to appoint and accept the ruling of an Arbitration Commission that resolves definitively the differences of interpretation or application of provisions governing trade between the two countries under the Treaty. The Arbitration Commission shall be composed of three members: one arbitrator appointed by each of the Governments of the Contracting Parties, and a third arbitrator, to serve as President, chosen by the arbitrators representing the Governments. PANAMA- GUATEMALA Article 23…. If they do not reach an agreement through the procedure set out in the Rules, the Parties agree to name an Arbitration Commission and accept its ruling. Rules Article 35: If no agreement is reached by the Mixed Commission through the procedure established in these Rules, the Contracting Parties agree to appoint an Arbitration Commission that resolves definitively their differences regarding interpretation or application of the norms regulating trade between them under the provisions of the Treaty and these Rules. The Arbitration Commission shall be composed of three members: one arbitrator appointed by each of the Governments of the Contracting Parties, and a third arbitrator, to serve as President, chosen by the arbitrators representing the Governments. PANAMA-HONDURAS Article 25… If they do not reach an agreement through the procedure set out in the Rules, the Parties agree to name an Arbitration Commission and accept its ruling. PANAMA-NICARAGUA Article 25…. If they do not reach an agreement through the procedure set out in the Rules, the Parties agree to name an Arbitration Commission and accept its ruling. Rules Article 30: If no agreement is reached by the Mixed Commission through the procedure established in these Rules, the Contracting Parties agree to appoint an Arbitration Commission that resolves definitively their differences regarding interpretation or application of the norms regulating trade between them under the provisions of the Treaty. The Arbitration Commission shall be composed of three members: one arbitrator appointed by each of the Governments of the Contracting Parties, and a third arbitrator, to serve as chair, chosen by the arbitrators representing the Governments.
ANDEAN COMMUNITY Treaty - Court of Justice Article 17.- It is up to the Court to nullify the Decisions taken by the Commission and the Resolutions issued by the Board that violate the rules comprising the legal system of the Cartagena Agreement, even though deviation of power, at the request of either a Member Country, the Commission, the Board, individuals or companies under the conditions envisaged in Article 19 herein below. Article 28.- It is up to the Court to issue a pre-judicial interpretation of the rules comprising the legal system of the Cartagena Agreement, in order to ensure its uniform application in the territories of Member Countries. Article 30.- The Court’s interpretation must be limited to specifying the contents and scope of the rules of the legal system governing the Cartagena Agreement. The Court may neither interpret the contents and scope of municipal laws nor determine the merits of matters concerning the proceeding. Article 35.- When the Court considers it necessary in order to fulfil its role, it may directly address the authorities of Member Countries. By-Laws Article 2.- The Court - the jurisdictional body instituted to ensure respect for the law in the application and interpretation of the legal system of the Agreement - is governed by the Treaty, these Bylaws and by the Internal Rules. Protocol of Cochabamba Article 21. The lodging of the nullification action will not affect the effect or force of the challenged rule or agreement. However, the Court, at the request of the claimant, following the placing of a bond, if it deems this necessary, may order that the execution of the decision, resolution or agreement that is subject to the request for nullification be provisionally suspended; the Court may also take other precautionary measures if irreparable damage, or damage difficult to remedy, is or could be caused by the ultimate decision. … Article 28. The Court, before handing down a final ruling, at the request of the claimant, and following the placing of a bond, if it deems this necessary, may order the provisional suspension of the measure that is alleged to be in violation, if it causes or may cause irreparable harm or harm that is difficult to remedy to the claimant or to the subregion. … Article 32. It is the Court’s responsibility to give a pre-judicial interpretation of the rules that make up the legal structure of the Andean Community, in order to ensure that they are uniformly enforced throughout the territory of the member countries. Article 33. National judges hearing a proceeding in which any of the rules making up the legal structure of the Andean Community are to be applied or are the subject of dispute may directly request the interpretation of the Court on such rules, provided that the ruling is subject to appeal under domestic law. If the time comes for a ruling without the Court’s interpretation having been received, the judge must make a ruling. In all proceedings in which the ruling is not subject to appeal under domestic law, the judge shall suspend proceedings and request directly on his own initiative, or at the request of the party, the Court’s interpretation. Article 34. The judge hearing the proceedings shall, in his ruling, limit himself to considering the content and scope of the rules making up the legal structure of the Andean Community related to the specific case. The Court may not interpret the content and scope of domestic law nor judge the factual issues of the case, notwithstanding which he may refer to these when it is essential for purposes of the interpretation being sought. Article 35. The judge handling the case shall adopt the Court’s interpretation in his ruling. … Article 38. The Court has authority to settle, through arbitration, disputes that arise regarding the enforcement or interpretation of contracts, pacts or agreements signed by organs and institutions of the Andean System of Integration, or between them and third parties, when the parties so agree. Private individuals may agree to submit to arbitration, by the Court, disputes that arise in regard to the enforcement or interpretation of elements of private contracts governed by the legal structure of the Andean Community. At the option of the parties, the Court will issue its ruling, whether based on law or on equitable principles, and it will be binding, not subject to appeal, and will constitute legal and sufficient cause to request that it be executed in accordance with the domestic provisions of each member country. Article 39. The General Secretariat has authority to settle, through arbitration, disputes brought before it by private parties regarding the enforcement or interpretation of elements of private contracts governed by the legal structure of the Andean Community. The General Secretariat will issue its ruling in accordance with criteria of fairness and procedural technicalities and with the legal structure of the Andean Community. Its ruling will be binding and not subject to appeal unless the parties agree otherwise, and will constitute legal and sufficient cause to request its execution in accordance with the domestic provisions of each member country. Article 40. The Court has authority to hear labor disputes that arise in the organs and institutions of the Andean Integration System. … Article 44. When it considers it necessary for carrying out its functions, the Court may deal directly with authorities in the member countries. GROUP OF THREE Decision No. 9 The mandate of the arbitral panel shall be: to examine, in light of the applicable provisions of the Treaty, the matter submitted to the Commission, in the terms of the request for the meeting of same, and to issue conclusions, findings and decisions referred to in articles 19-14 and 19-15. MERCOSUR Protocol of Brasilia Article 8 The State Parties declare that they recognize as obligatory, ipso facto and without need of a special agreement, the jurisdiction of the Arbitral Tribunal which in each case is established in order to hear and resolve all controversies which are referred to in the present Protocol. Article 15 In each case, the Arbitral Tribunal shall establish its seat in one of the State Parties and will adopt its own rules of procedure. These rules should guarantee that each party to the controversy shall have the fullest opportunity to be heard and to present its proof and arguments and it shall also be guaranteed that the proceedings occur in an expeditious manner. Article 18 1. The Arbitral Tribunal can, at the request of an interested party and to the extent that there exist well-founded presumptions that a continuation of the current situation will cause severe and irreparable damage to one of the State Parties, issue provisional measures which it considers appropriate, according to the circumstances and pursuant to the conditions that the Tribunal itself establishes, in order to prevent such damages. 2. The parties to the controversy shall immediately or within the time limit determined by the Arbitral Tribunal, comply with whatever provisional measure, until such time as the decision that is referred to in Article 20 is issued. Protocol of Ouro Preto Annex: General Procedure for Complaints to the Mercosur Trade Commission. Article 7 …Before giving a ruling, withing fifteen (15) days of its being set up, the Arbitration Tribunal must announce the interim measures it considers appropriate under the conditions laid down in Article 18 of the Brasilia Protocol. NAFTA Article 2012: Rules of Procedure 3. Unless the disputing Parties otherwise agree within 20 days from the date of the delivery of the request for the establishment of the panel, the terms of reference shall be:
4. If a complaining Party wishes to argue that a matter has nullified or impaired benefits, the terms of reference shall so indicate. 5. If a disputing Party wishes the panel to make findings as to the degree of adverse trade effects on any Party of any measure found not to conform with the obligations of the Agreement or to have caused nullification or impairment in the sense of Annex 2004, the terms of reference shall so indicate. Article 2014: Role of Experts On request of a disputing Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, provided that the disputing Parties so agree and subject to such terms and conditions as such Parties may agree. Article 2015: Scientific Review Boards 1. On request of a disputing Party or, unless the disputing Parties disapprove, on its own initiative, the panel may request a written report of a scientific review board on any factual issue concerning environmental, health, safety or other scientific matters raised by a disputing Party in a proceeding, subject to such terms and conditions as such Parties may agree. 2. The board shall be selected by the panel from among highly qualified, independent experts in the scientific matters, after consultations with the disputing Parties and the scientific bodies set out in the Model Rules of Procedure established pursuant to Article 2012(1). Model Rules of Procedure for Ch. 20 44. Within five days after the date on which the last member of the scientific review board is selected, the panel shall finalize the factual issues to be referred to the board, and may consult with members of the board in this regard. CENTRAL AMERICA - DOMINICAN REPUBLIC Article 16.12: Rules of Procedure … 3. The mission of the panel, to be described in the Mandate, shall be as follows: Based on the provisions herein, to examine the dispute submitted to it for consideration in the request for a Council meeting and issue a preliminary finding and a final resolution. 4. If the Party claims that a measure has nullified or impaired any benefits under Article 16.03(2)(b), the Mandate shall so indicate. Where a contending Party requests that a panel should determine the extent of the adverse commercial effects upon any Party by a measure deemed inconsistent with this Agreement or said to have caused nullification or impairment under Article 16.03(2)(b), the Mandate shall so indicate. Article 16.13: Information and Technical Assistance At the request of a contending Party or ex-officio, the arbitration panel may gather information and request technical assistance from such individuals or agencies as deemed relevant to the case. ARGENTINA-CHILE Second Additional Protocol Article 18 1. The Arbitration Panel may, at the request of one of the countries party to the dispute, issue any provisional measures it deems appropriate under the circumstances and on terms that the Tribunal itself shall establish to prevent grave and irreparable injury to one of the parties to the dispute. BOLIVIA-MEXICO Article 19-10: Standard Rules of Procedure 3. The mission of the panel, to be described in the Mandate, shall be as follows:
4. If the claiming Party states that a measure has nullified or impaired any benefits, the Mandate shall so indicate. 5. Where a Party requests that a panel should determine the extent of the adverse commercial effects upon any Party by a measure deemed inconsistent with this Agreement or said to have caused nullification or impairment under the Annex to Article 19-02, the Mandate shall so indicate. Article 19-11: Role of Experts At the request of a Party or ex-officio, the arbitration panel may gather information and seek technical assistance from such individuals or bodies as deemed relevant to the case. CANADA-CHILE Article N-12: Rules of Procedure 4. Unless the Parties otherwise agree within 20 days from the date of the delivery of the request for the establishment of the panel, the terms of reference shall be:
5. If the complaining Party wishes to argue that a matter has nullified or impaired benefits, the terms of reference shall so indicate. 6. If a Party wishes the panel to make findings as to the degree of adverse trade effects on a Party of any measure found not to conform with the obligations of the Agreement or to have caused nullification or impairment in the sense of Annex N-04, the terms of reference shall so indicate. Article N-13: Role of Experts On request of a Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties so agree and subject to such terms and conditions as the Parties may agree. Article N-14: Scientific Review Boards 1. On request of a Party or, unless the Parties disapprove, on its own initiative, the panel may request a written report of a scientific review board on any factual issue concerning environmental, health, safety or other scientific matters raised by a Party in a proceeding, subject to such terms and conditions as the Parties may agree. CHILE-COLOMBIA Article 32. … (d) The arbitration procedure shall be subject to the Regulations issued by the Administrative Commission to that effect. … The arbitrators shall have 30 days, subject to extension for a further 30 days, from the date of their appointment in which to issue their resolution. CHILE-ECUADOR Article 32. … (d) The arbitration procedure shall be subject to the Regulations issued by the Administrative Commission to that effect. … The arbitrators shall have 30 days, subject to extension for a further 30 days, from the date of their appointment in which to issue their resolution. CHILE-MEXICO Article 33 d) The arbitration procedure shall be subject to the regulations issued by the Administrative Committee for this purpose. … The arbitrators shall have a period of 30 days, which may be extended for the same period, beginning on the date of their selection, to issue a decision. Free Trade Agreement Article 18-10: Model rules of procedure ….. 4. Unless otherwise agreed by the Parties, within 20 days after the date of delivery of the request to establish the arbitration group, the latter's mandate shall be:
5. If the objecting Party alleges that a matter has been grounds for cancellation or loss of benefits, the mandate shall so indicate. 6. If an objecting Party requests that the arbitration group prepare its findings on the adverse effects of the measure adopted by the other Party, that the objecting Party deems incompatible with the obligations of this Treaty or grounds for cancellation or loss pursuant to annex 18-02, the mandate shall so indicate. Article 18-11: Functions of the experts At the request of either Party or officially, the arbitration group may procure information and technical assistance from such persons or groups of persons that are deemed appropriate. Article 18-12: Scientific review committees 1. At the request of either Party or, unless disapproved by both Parties, the arbitration group may on its own initiative, request a written report from the scientific review committee on any points of fact relating to environmental matters, health, security, or any other scientific matter raised by either Party in the proceedings, in accordance with such terms and conditions as are agreed on by the Parties. CHILE-PERU Article 14 The Arbitration Tribunal may, at the request of one of the signatory countries recommend provisional precautionary measures to prevent grave and irreparable injury. The signatory countries may take account of these recommendations. CHILE-VENEZUELA Article 31. … d) The arbitration procedure shall be subject to the Regulations issued by the Administrative Commission to that effect. … The arbitrators shall have 30 days, subject to extension for a further 30 days, from the date of their appointment in which to issue their resolution. COSTA RICA - MEXICO Article 17-11: Rules of Procedure … 3. The mission of the panel, to be described in the Mandate, shall be as follows:
4. If the claiming Party states that a measure has nullified or impaired any benefits under the Annex to Article 17-02, the Mandate shall so indicate. 5. Where a contending Party requests that a panel should determine the extent of the adverse commercial effects upon any Party by a measure deemed inconsistent with this Agreement or said to have caused nullification or impairment under the Annex to Article 17-02, the Mandate shall so indicate. Article 17-12: Role of Experts At the request of a Party or ex-officio, the arbitration panel may gather information and request technical assistance from such individuals or bodies as deemed relevant to the case. MEXICO - NICARAGUA Article 20-11: Rules of Procedure …. 3. The mission of the panel, to be described in the Mandate, shall be as follows:
4. If the claiming Party states that a measure has nullified or impaired any benefits under the Annex to Article 20-02, the Mandate shall so indicate. 5. Where a contending Party requests that a panel should determine the extent of the adverse commercial effects upon any Party by a measure deemed inconsistent with this Agreement or said to have caused nullification or impairment under the Annex to Article 20-02, the Mandate shall so indicate. Article 20-12: Role of Experts At the request of a Party or ex-officio, the arbitration panel may gather information and request technical assistance from such individuals or bodies as deemed relevant to the case. PANAMA - COSTA RICA Rules Article 31: [T]he Contracting Parties agree to appoint an Arbitration Commission for final resolution of their differences regarding interpretation or application of the norms regulating trade carried out between them under the provisions of the Treaty. … PANAMA - DOMINICAN REPUBLIC Article XVIII …[T]he Contracting Parties pledge to appoint an Arbitration Commission and to abide by its findings. … PANAMA - EL SALVADOR Article 18 …. [T]he Parties undertake to appoint and accept the ruling of an Arbitration Commission. … Rules Article 34: … [T]he Contracting Parties undertake to appoint and accept the ruling of an Arbitration Commission definitively resolving the differences of interpretation or application of provisions governing trade between the two countries under the Treaty. PANAMA - GUTEMALA Rules Article 35: … [T]he Contracting Parties agree to appoint an Arbitration Commission for final resolution of their differences regarding interpretation or application of the norms regulating trade carried out between them under the provisions of the Treaty and these Rules. PANAMA-NICARAGUA Article 30: [T]he Contracting Parties agree to appoint an Arbitration Commission for final resolution of their differences regarding interpretation or implementation of the norms regulating trade carried out between them under the provisions of the Treaty.
ANDEAN COMMUNITY Treaty - Court of Justice Article 14. … It shall be up to the Court to issue its Internal Rules. By-Laws Article 3.- Magistrates and deputies are appointed for fixed periods counted from the day after the termination of their predecessors’ term in office. Article 4.- On the first day of their term or no
more than thirty days later, appointed magistrates shall take the oath of
office at a Court session held in the Court premises, swearing to carry
out their job conscientiously and completely impartially, to keep the
Court discussions secret and to fulfil all the duties inherent to their
role. Article 5.- At the request of whom it may concern
and at a plenary session, the Court may lift the immunity granted to
magistrates by virtue of Article 13 of the Treaty. To this effect and
after studying the background information, the Court shall issue a
reasoned resolution. Article 8.- First and second deputies, in order, shall be summoned by the President to replace the magistrate in the following cases:
The deputy thus summoned shall take the oath of office referred to in Article 4 herein above and shall immediately begin exercising his duties. Article 9.- Magistrates and deputies shall be
appointed at least two months before the end of their predecessors’ term
in office. Article 11.- The President shall represent the
Court, direct its work and services, call meetings and preside over
sessions and hearings. Article 24.- The Court shall operate permanently in its site in the city of Quito. Article 25.- On the dates and at the times established in the Internal Rules, the Court shall meet in a plenary session with a quorum of five magistrates, adopting its resolutions with the vote of approval of at least three of them. Article 26.- The Court shall pass judgement at a plenary session (…). The Court shall also hear and resolve at a plenary session when specifically stipulated in these Bylaws. Article 27.- The Court may meet with a quorum of
three magistrates to discuss matters for which these Bylaws do not demand
a plenary session. Article 28.- The Secretary shall attend the
sessions, unless otherwise stated by the Court or in these Bylaws. Article 29.- The Court shall hold secret discussions and the matters discussed shall also be kept secret. Article 30.- During the final deliberation of the
proceeding, the magistrates shall express their reasoned opinion. Article 31.- The Court, at a plenary session and by
means of a resolution published in the Official Gazette of the Agreement,
shall determine the system and period of the annual judicial vacation,
which cannot exceed thirty days. Article 32.- The parties shall perform judicial acts before the Court either themselves or through a representative or proxy to whom powers were granted in accordance with the legislation of the corresponding Member Country; if that person is not a lawyer, he must be assisted by an attorney duly authorized to exercise his profession in a Member Country. The parties may have as many advisors as they consider necessary. Article 33.- Representatives, attorneys and advisors
in a proceeding shall enjoy all the necessary guarantees and facilities to
carry out their activities in the Court with total freedom. Article 34.- The purpose of the procedures envisaged
in these Bylaws is to enforce rights, safeguard the spirit of integration,
maintain the equality of the parties and duly guarantee the proceedings. Article 35.- Any proceeding concerning actions of nullification or noncompliance envisaged in the Treaty, shall be filed by means of a claim addressed to the Court President and signed by the party and his attorney, the original and three copies of which must be submitted to the Court Secretary. Article 36.- The claim shall contain the following:
For the purpose of the proceeding, the claim shall
also mention the claimant’s address in the Court’s site and the name of
the person authorized to receive the notifications. Article 37.- The following must be attached to the claim for nullification:
Article 39.- Among other things, the claim for noncompliance can make reference to rules that are incompatible with the legal system, the failure to issue rules to comply with the legal system or any action or behavior that is inconsistent with the legal system, despite the provisions adopted to comply with it. Article 40.- The Secretary shall stamp the original claim and the copies and certify the date they were submitted. One copy shall be returned to the claimant. Article 41.- Should the claim fail to meet one of the requirements stipulated in Articles 36, 37 or 38 herein above, within five days after receiving it the Court shall establish a reasonable period for the claimant to rectify the claim or submit relevant documents. Should that period expire without the claimant rectifying the claim or submitting the documents, the Court shall return the claim. Article 42.- Once admitted, the defendant shall be notified of the claim. (…) Article 43.- Thirty days after the date of notification of the claim, the defendant shall contest it. The defendant’s plea must contain the following:
Article 44.- Should the defendant, once duly notified of the claim, fail to contest it within the period envisaged in the previous article, it shall be presumed that he has opposed the claim in fact and by right. The Court shall certify this fact in the case file. Article 45.- Within a period of eight days following
the defendant’s plea, the Court shall determine the need for evidence,
either at its own initiative or at the request of one of the parties. Article 46.- Evidence may include:
The Court shall determine how the parties shall
cover the costs arising from submitting evidence. Article 47.- Once the period for submitting evidence expires, the President shall establish the date and time of the hearing and make arrangements to summon the parties. (…) Article 48.- Hearings shall be public, unless for
serious reasons the Court decides to hold them privately, either at its
own initiative or at the request of one of the parties. Article 49.- The Court shall try the cases submitted
in the same order as the hearing. Should several cases require a hearing
simultaneously, the order shall be established according to the date the
claim was submitted. Article 50.- The hearing shall begin with the Secretary’s report on the case, which shall be limited to an objective summary of same. Article 51.- Under the authority and instructions of the President, the claimant and the defendant, in order, may intervene and answer have the right to a reply and counterreply. Article 52.- Once the debate is over, the parties may submit their conclusions in writing, either at the hearing itself or within the next three days. Article 53.- When as a result of the intervention of the parties the Court considers it necessary to obtain proof or expand the evidence, it may decide to suspend the hearing only once, establish a reasonable term for the submission of evidence and determine the date and time for re-opening the hearing. Article 54.- The Secretary shall take minutes of each hearing, which shall be signed by the President and the Secretary. (…) Article 55.- The Court shall pass judgement at a plenary session within fifteen days after the closing of the hearing. Article 56.- The judgement shall contain the following:
If the judgement states the total or partial
invalidity of a Decision or Resolution, it must also state its effects
over time. Article 57.- The judgement shall be read at a public
hearing once the parties have been summoned. This act shall be recorded. Article 58.- The judgement shall become effective on the day after it was read at the hearing. (…) Article 59.- Either at its own initiative or at the
request of one of the parties submitted within a period of five days after
the reading, the Court may amend or expand the judgement. Article 60.- Within a period of ten days after the
reading, one of the parties, a Member Country, the Commission or the Board
may request the clarification of certain points in the judgement that may
be considered ambiguous. (…) Article 61.- The request for interpretation that national judges or courts address to the Court in accordance with Article 29 of the Treaty, shall contain the following:
Article 62.- Once the request has been received, the Secretary shall stamp it, record the submission date and remit it to the President for consideration by the Court. Article 63.- Within a period of thirty days after receiving the application, the Court may pass judgement with the vote of four magistrates, if the fifth magistrate is justifiably impeded to participate in the final session convened to approve the judgement. Article 64.- The Court’s judgement, signed by the
President, the other magistrates and the Secretary, shall be sealed and
deposited in the Secretariat. (…) Article 65.- Only judgement of noncompliance suits can be reviewed, in accordance with Article 26 of the Treaty. The claim shall correspond to the parties in the previous proceeding. Article 66.- The claim for a review must be submitted within two months after the day the claimant was informed of the fact on which it is based and, in any case, within a year from the date of the judgment of noncompliance. Article 67.- The claim for a review must contain the following, in applicable, in addition to the provisions set forth in Article 36:
Article 68.- Once the claim for a review is admitted, the procedure shall continue in accordance with these Bylaws and the final judgement shall be passed at a plenary session. Article 77.- At their own initiative or at the request of the Court, at any stage of the procedure and before judgement is passed, Member Countries, the Commission or the Board, whether or not they are parties to the suit, may provide whatever information or legal arguments are considered necessary for a better solution to the case. Article 78.- The periods of the procedure
established herein above shall be calculated in calendar or continuous
days, excluding the starting date. Article 79.- The Court, at a plenary session and by means of a resolution to be published in the Official Gazette of the Agreement, shall establish the system for the notifications envisaged in Title Two of these Bylaws. Protocol of Cochabamba Article 13.-…. The Court will create its own internal rules of procedure. … Article 29. Rulings made in noncompliance actions may be reviewed by the Court itself at the request of the party, based on some fact that could have had a decisive influence on the result of the proceedings, provided that the fact was unknown at the time of the issuing of the ruling by the party requesting the review. The request for review must be submitted within ninety days of the day on which the fact was discovered, and, in any case, within one year following the date of the ruling.
CARICOM Annex: Article 12 - Reference to Tribunal 6. An ad hoc tribunal shall decide its own procedure and may, with the consent of the parties to the dispute, invite any party to this Annex to submit its views orally or in writing. Protocol Amending the Treaty Article V
Article 7(a) Article XI CHAPTER THREE Article 17 … 7. Subject to the relevant provisions of this Treaty, Community Organs and Subsidiary Bodies shall establish their rules of procedure. GROUP OF THREE A. Arbitral Tribunals 19-12. Rules of Procedure
… Article 19-14: Preliminary Decision. 1. Unless otherwise agreed upon by the adversary Parties, within 90 days of the date the final arbitrator is named, the arbitration board shall inform the adversary Parties of its preliminary decision, which shall contain:
2. The adversary Parties shall have 14 days from the date the preliminary decision is made known to submit written observations on it to the arbitration board. 3. When such observations are submitted, the arbitration board shall study them and then by its own decision or upon the request of one of the adversary Parties, shall be able to:
Article 19-15: Final Decision. 1. The arbitration board shall submit its final decision to the Commission, and if necessary, any dissenting votes on questions not decided upon unanimously, within 30 days of the announcement of the preliminary decision. 2. Neither the preliminary nor the final decision shall reveal the identity of the arbitrators that have voted with either the majority or dissenting opinions. 3. The arbitration board’s final decision will be made known 15 days after it has been communicated to the Commission. B. Administrative Commission Article 19-18: Interpretation by the Commission … 2. The Party in whose territory the court or administrative body is located shall deliver the interpretation the Commission has agreed upon, in accordance with the procedures of the institution in question. 3. When the Commission cannot reach agreement on an interpretation, a Party may submit its own interpretation to the court or administrative body, in accordance with the procedures of the institution in question. … Article 20-01: The Administration Commission 4. The Commission shall establish its own rules and procedures, and all decisions shall be made unanimously. 5. The Commission shall hold at least one regular session per year. The Parties shall rotate in the chairmanship. MERCOSUR Protocol of Brasilia Article 7. 2. The Administrative Secretariat will immediately notify the other State Party or Parties involved in the controversy and the Common Market Group of this communication and will be entrusted with the means required for the development of the procedures. Article 9 Article 15 Article 16 Article 17 Article 18 2. The parties to the controversy shall immediately or within the time limit determined by the Arbitral Tribunal, comply with whatever provisional measure, until such time as the decision that is referred to in Article 20 is issued. Article 20 2. The decision of the Arbitral Tribunal shall be adopted by majority vote, and it should be supported and signed by the President and the other arbitrators. The members of the Arbitral Tribunal will not be allowed to explain their dissenting votes and they must maintain the confidentiality of the vote. Protocol of Ouro Preto Article 43. Rules of the Protocol of Brasilia Article 18 All of the notifications that the Arbitral Tribunal makes to the State Parties to the dispute shall be addressed to the representatives designated in conformity with article 17 of the Protocol of Brasilia. Until the State Parties to the dispute designate their representatives before the Arbitral Tribunal, the notifications to the Tribunal shall be addressed to the respective National Coordinators of the Common Market Group. Article 19. The Administrative Secretariat shall provide, to the extent possible, the necessary administrative support for the development of the arbitral procedure. Article 20: An Arbitral Tribunal shall adopt rules of procedure at its initial meeting, or previous to it by communication among members. In either case, said rules of procedure shall be passed on to the parties by the Administrative Secretariat. Article 21: If the Arbitral Tribunal decides to use the thirty (30) day extension provided for by Article 20.1 of the Protocol of Brasilia, it shall so notify the parties. Article 22: The Arbitral Tribunal's decision shall be issued in written form and must contain the following elements, in addition to any others that the Arbitration Board may deem appropriate: The names of the States Parties involved in the
dispute. Article 23: Decisions shall be published in the Official Bulletin of MERCOSUR, in accordance with the provisions of Article 39 of the Ouro Preto Protocol. Article 28 The subject matter of the disputes between States and the complaints initiated at the request of private parties shall remain as determined by the written presentations and responses, unable to be broadened later. Article 39 The time periods established in the Protocol of Brasilia and in these rules shall be calculated as consecutive days. Article 40 All communications referred to in the Protocol of Brasilia and in these rules shall be made in the best possible way and shall require confirmation of receipt. Article 41 All documents and proceedings connected to the procedures established in the Protocol of Brasilia and in these rules, as well as all sessions of the Arbitral Tribunal, shall be considered priveged information, with the exceptions of the decision of the Arbitral Tribunal. Article 42 At any stage of the proceedings, the party that initiated the dispute or presented the complaint may desist. Also, the parties involved may reach an agreement at any time. In both these cases, the dispute or complaint shall be considered closed. As appropriate, iether the Common Market Group or the Arbitral Tribunal must be informed of the decision to desist or of an agreement between the parties so that all pertinent measures can be taken. NAFTA Article 2012: Rules of Procedure 1. The Commission shall establish by January 1, 1994 Model Rules of Procedure, in accordance with the following principles:
2. Unless the disputing Parties otherwise agree, the panel shall conduct its proceedings in accordance with the Model Rules of Procedure. 3. Unless the disputing Parties otherwise agree within 20 days from the date of the delivery of the request for the establishment of the panel, the terms of reference shall be:
4. If a complaining Party wishes to argue that a matter has nullified or impaired benefits, the terms of reference shall so indicate. 5. If a disputing Party wishes the panel to make findings as to the degree of adverse trade effects on any Party of any measure found not to conform with the obligations of the Agreement or to have caused nullification or impairment in the sense of Annex 2004, the terms of reference shall so indicate. Article 2015: Scientific Review Boards 3. The participating Parties shall be provided:
4. The panel shall take the board's report and any comments by the Parties on the report into account in the preparation of its report. Article 2016: Initial Report 1. 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 or 2015. 2. Unless the disputing Parties otherwise agree, the panel shall, within 90 days after the last panelist is selected or such other period as the Model Rules of Procedure established pursuant to Article 2012(1) may provide, present to the disputing Parties an initial report containing:
3. Panelists may furnish separate opinions on matters not unanimously agreed. 4. A disputing Party may submit written comments to the panel on its initial report within 14 days of presentation of the report. 5. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of any disputing Party, may:
Article 2017: Final Report 1. 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. 2. No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions. 3. The disputing Parties shall transmit to the Commission the final report of the panel, including any report of a scientific review board established under Article 2015, as well as any written views that a disputing Party desires to be appended, on a confidential basis within a reasonable period of time after it is presented to them. 4. Unless the Commission decides otherwise, the final report of the panel shall be published 15 days after it is transmitted to the Commission. Model Rules of Procedure for Ch. 20 1. These rules are established under Article 2012(1)
and shall apply to dispute settlement proceedings under Chapter Twenty
unless the disputing Parties otherwise agree. 7. A complaining Party shall deliver the original and nine copies of its initial written submission to its section of the Secretariat no later than 10 days after the date on which the last panelist is selected. The Party complained against shall deliver the original and nine copies of its written counter-submission to its section of the Secretariat no later than 20 days after the date of delivery of the initial written submission. A third Party shall deliver the original and nine copies of its initial written submission to its section of the Secretariat no later than the date on which the counter-submission is due. 8. A section of the Secretariat that receives a written submission shall forward it by the most expeditious means practicable to the responsible section of the Secretariat which, in turn, shall provide for delivery of that submission by the most expeditious means practicable to the other sections of the Secretariat, the other participating Parties and the panel. 9. In the case of any request, notice or other document related to the panel proceeding that is not covered by rule 6, 7 or 8, the participating Party shall deliver the original and nine copies of the document to its section of the Secretariat and, on the same day, it shall deliver a copy to the other participating Parties by facsimile or other means of electronic transmission. 10. Minor errors of a clerical nature in any request, notice, written submission or other document related to the panel proceeding may be corrected by delivery of a new document clearly indicating the changes. 11. A participating Party that delivers any request, notice, written submission or other document to its section of the Secretariat shall, to the extent practicable, deliver a copy of the document in electronic form to that section. 12. Any delivery to a section of the Secretariat under these rules shall be made during the normal business hours of that section. 13. If the last day for delivery of a document to a section of the Secretariat falls on a legal holiday observed by that section or on any other day on which the offices of that section are closed by order of the government or by force majeure, the document may be delivered to that section on the next business day. 14. The chair of the panel shall preside at all of its meetings. A panel may delegate to the chair authority to make administrative and procedural decisions. 15. Except as otherwise provided in these rules, the panel may conduct its business by any means, including by telephone, facsimile transmission or computer links. 16. Only panelists may take part in the deliberations of the panel but the panel may permit assistants, Secretariat personnel, interpreters or translators to be present during such deliberations. 17. Where a procedural question arises that is not covered by these rules, a panel may adopt an appropriate procedure that is not inconsistent with the Agreement. 18. If a panelist dies, withdraws or is removed, a replacement shall be selected as expeditiously as possible in accordance with the selection procedure followed to select the panelist. 19. Any time period applicable to the panel proceeding shall be suspended for a period beginning on the date the panelist dies, withdraws or is removed and ending on the date the replacement is selected. 20. A panel may, in consultation with the disputing Parties, modify any time period applicable in the panel proceeding and make such other procedural or administrative adjustments as may be required in the proceeding, such as where a panelist is replaced or where the Parties are required to reply in writing to the questions of a panel. 21. The chair shall fix the date and time of the hearing in consultation with the participating Parties, the other members of the panel and the responsible section of the Secretariat. The responsible section of the Secretariat shall notify in writing the participating Parties of the date, time and location of the hearing. 22. The hearing shall be held in the capital of the Party complained against. 23. The panel may convene additional hearings if the disputing Parties so agree. 24. All panelists shall be present at hearings. 25. The following persons may attend a hearing:
26. No later than five days before the date of a hearing, each participating Party shall deliver to the other participating Parties and the responsible section of the Secretariat a list of the names of those persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisers who will be attending the hearing. 27. The hearing shall be conducted by the panel in the following manner, ensuring that the complaining Party or Parties and the Party complained against are afforded equal time: Argument -
Rebuttal Argument -
28. The panel may direct questions to any participating Party at any time during a hearing. 29. The responsible section of the Secretariat shall arrange for a transcript of each hearing to be prepared and shall, as soon as possible after it is prepared, deliver a copy of the transcript to the participating Parties, the other sections of the Secretariat and the panel. 30. The panel may at any time during a proceeding address questions in writing to one or more of the participating Parties. The panel shall deliver the written questions to the Party or Parties to whom the questions are addressed through the responsible section of the Secretariat which, in turn, shall provide for the delivery of copies of the questions by the most expeditious means practicable to the other sections of the Secretariat and any other participating Party. 31. A participating Party to whom the panel addresses written questions shall deliver a copy of any written reply to its section of the Secretariat which, in turn, shall forward it by the most expeditious means practicable to the responsible section of the Secretariat. The responsible section of the Secretariat shall provide for the delivery of copies of the reply by the most expeditious means practicable to the other sections of the Secretariat and any other participating Party. Each other participating Party shall be given the opportunity to provide written comments on the reply within five days after the date of delivery. 32. Within 10 days after the date of the hearing, each participating Party may deliver to its section of the Secretariat a supplementary written submission responding to any matter that arose during the hearing. 33. A Party asserting that a measure of another Party is inconsistent with the provisions of the Agreement shall have the burden of establishing such inconsistency. 34. A Party asserting that a measure is subject to an exception under the Agreement shall have the burden of establishing that the exception applies. 35. The Parties shall maintain the confidentiality of the panel's hearings, deliberations and initial report, and all written submissions to and communications with the panel, in accordance with such procedures as may be agreed from time to time between representatives of the Parties.8 36. The panel shall not meet or contact one participating Party in the absence of the other participating Parties. 37. No panelist may discuss any aspect of the subject matter of the proceeding with a participating Party or Parties in the absence of the other panelists. 38. No panel may decide to request a written report of a scientific review board any later than 15 days after the date of the hearing, whether on its own initiative or at the request of a disputing Party. 39. Within five days after the date on which the panel decides to request a written report of a scientific review board, the panel shall request that the scientific bodies designated by each Party from time to time and set out in Appendix I provide, within 15 days after the date of the delivery of the request, a list of the names of possible members of the scientific review board, in such numbers as the panel requests and having expertise in the scientific matters that the panel identifies. 40. The panel shall deliver the request for the list of names of possible members of the scientific review board to the responsible section of the Secretariat which, in turn, shall provide for the delivery of copies of the request by the most expeditious means practicable to the other sections of the Secretariat and the participating Parties. 41. Within 25 days after its decision to request a written report of a scientific review board and after consulting the disputing Parties, the panel shall select up to three members to constitute the scientific review board. The panel shall make its selection from the lists provided by the scientific bodies wherever possible. 42. The panel shall not select as a member of a scientific review board an individual who has, or whose employers, partners, business associates or family members have, a financial or personal interest in the proceeding. 43. A participating Party may, before the date on which the last member of the scientific review board is selected, submit written comments to the panel on the factual issues to be referred to the board. 44. Within five days after the date on which the last member of the scientific review board is selected, the panel shall finalize the factual issues to be referred to the board, and may consult with members of the board in this regard. 45. The panel shall deliver a copy of its referral to the responsible section of the Secretariat which, in turn, shall provide for the delivery of copies of the referral by the most expeditious means practicable to the other sections of the Secretariat, the participating Parties and the board. 46. A scientific review board shall deliver its report to the responsible section of the Secretariat within 30 days after the date on which the factual issues are referred to the board. 47. The responsible section of the Secretariat shall deliver the board's report to the participating Parties and their respective sections of the Secretariat. Any participating Party may provide comments on the report to its section of the Secretariat within 14 days after the date of delivery of the report. The appropriate section of the Secretariat shall promptly deliver any such comments to the responsible section of the Secretariat which, in turn, shall no later than the next business day deliver such comments to the other participating Parties and their respective sections of the Secretariat, and shall deliver the report and all such comments to the panel. 48. Where a request is made for a written report of a scientific review board, any time period applicable to the panel proceeding shall be suspended for a period beginning on the date of delivery of the request and ending on the date the report is delivered to the panel. 49. A participating Party shall, within a reasonable period of time before it delivers its initial written submission in a panel proceeding, advise its section of the Secretariat in writing of the language in which its written submissions will be made and in which it wishes to receive the written submissions of the other participating Parties. A section of the Secretariat that is so advised shall promptly notify the responsible section of the Secretariat which, in turn, shall promptly notify the other sections of the Secretariat, the other participating Parties and the panel. 50. A participating Party shall, within a reasonable period of time before the date of a hearing, advise its section of the Secretariat in writing of the language in which it will make oral arguments or presentations at the hearing and in which it wishes to hear oral arguments and presentations. A section of the Secretariat that is so advised shall promptly notify the responsible section of the Secretariat which, in turn, shall promptly notify the other sections of the Secretariat, the other participating Parties and the panel. 51. In lieu of the procedure set out in rule 49 or 50, a Party may advise its section of the Secretariat of:
A section of the Secretariat that is so advised shall promptly notify the other sections of the Secretariat and the other Parties. 52. Where in accordance with the advice provided by each Party under rules 49 through 51, written submissions or oral arguments and presentations in a panel proceeding will be made in more than one language, or if a panelist requests, the responsible section of the Secretariat shall arrange for the translation of the written submissions and the panel reports or for the interpretation of arguments at any hearing, as the case may be. 53. Where the responsible section of the Secretariat is required to arrange for the translation of a written submission or report in one or more languages, it shall not provide for the delivery of that written submission as required by rule 8 or for the delivery of that report until all translated versions of that written submission or report have been prepared. 54. Any time period applicable to a panel proceeding shall be suspended for the period necessary to complete the translation of any written submissions. 55. The costs incurred to prepare a translation of a written submission shall be borne by the Party making the submission. The costs incurred to prepare a translation of a final report shall be borne equally by each section of the Secretariat. The costs of all other translation and interpretation requirements in a panel proceeding shall be borne equally by the participating Parties in that proceeding. 56. Any Party may provide comments on a translated version of a document that is prepared in accordance with these rules. 57. Where anything under the Agreement or these rules is to be done, or the panel requires anything to be done, within a number of days after, before or of a specified date or event, the specified date or the date on which the specified event occurs shall not be included in calculating that number of days. 58. Where, by reason of the operation of rule 13, a participating Party
59. These rules shall apply to a panel established under Article 2019(3) except that:
60. These rules shall apply to a panel convened under Article 1415(3) except that the terms of reference shall be as set out in Article 1415(2). 61. The responsible section of the Secretariat shall:
62. The Parties shall inform each section of the Secretariat of the composition of the roster established under Article 1414(3) and the roster established under Article 2009(1). The Parties shall promptly inform each section of the Secretariat of any changes made to the roster. CENTRAL AMERICA - DOMINICAN REPUBLIC Article 16.05: Perishable Goods In any dispute involving perishable goods, the Parties, the Council and the arbitral tribunal shall accelerate to the greatest extent possible the time periods established in this chapter. Article 16.12: Rules of Procedure 1. The Commission shall establish Model Rules of Procedure based on the following principles:
2. Unless otherwise agreed between and among the disputing Parties, the proceeding brought before the arbitration panel shall abide by the Model Rules of Procedure. Article 16.14: Preliminary Finding 1. The arbitral tribunal shall issue a preliminary finding based on the representations and communications submitted by the contending Parties as well as any other information it may have gathered pursuant to Article 16.13 above. 2. Unless otherwise agreed upon by the contending Parties, the arbitral tribunal shall, within ninety (90) days from the designation of the last panel member, issue a preliminary finding including:
3. Panelists may reason their vote in writing on any decision that was not adopted unanimously. 4. The contending Parties may submit their comments on the preliminary finding in writing to the panel within thirty (30) days after the disclosure of same. 5. After examining the written comments, if any, the arbitration panel may, ex-officio or at a disputing Party’s request:
Article 16.15: Final Resolution 1. The arbitral tribunal shall simultaneously advise the Council and the disputing Parties of its final resolution, to be adopted by a majority vote, and, where appropriate, the reasoned vote in writing on issues where no unanimous decision was adopted. An advice note shall be issued within forty-five (45) days upon disclosure of the preliminary finding. 2. Neither the preliminary finding nor the final resolution shall disclose the identity of majority of minority panelists. 3. The final resolution shall be published within fifteen (15) days following notification to the Council and the disputing Parties. MERCOSUR - BOLIVIA Article 39. The administration and evaluation of this Agreement shall be conducted by an Administration Commission … . … The Administration Commission shall adopt its decision through agreement of the Contracting Parties. Annex 11 … Article 10 The Expert Group shall examine the dispute in light of the provisions of this Agreement, the complementary protocols and instruments signed within its framework, and any information provided by the contending Parties. The Expert Group shall provide the Parties with an opportunity to state their cases. Article 11 The Expert Group shall establish its Rules of Procedure, for each case, within five (5) days following the establishment thereof, which rules shall accord the Parties the right to a hearing and shall ensure that the procedure is promptly completed. Article 12 The Expert Group shall have thirty (30) calendar days from its inception to issue its findings, which shall be submitted to the Commission for consideration. MERCOSUR-CHILE Article 46: …The Administration Commission … shall define its Rules of Procedure at its first meeting. … The Commission shall adopt all decisions by consensus among the Parties. Annex 14 Article 10 The Expert Group shall examine the dispute in light of the provisions of this Agreement, the complementary protocols and instruments signed within its framework, and any information provided by the contending Parties. The Expert Group shall provide the Parties with an opportunity to state their cases. Article 11 The Expert Group shall establish its Rules of Procedure within five (5) days following the establishment thereof, which rules shall accord the Parties the right to a hearing and shall ensure that the procedure is promptly completed. Article 12 The Expert Group shall have thirty (30) calendar days from its inception to issue its findings, which shall be submitted to the Commission for consideration. ARGENTINA-CHILE Second Additional Protocol Article 15 In each case, the Arbitral Tribunal shall be based in one of the signatory countries or at ALADI headquarters and shall adopt its own rules of procedure within five days of its establishment. These rules shall ensure that each party to the dispute has every opportunity to be heard and to present its arguments and shall also ensure that the proceedings are executed expeditiously. Article 16 The countries party to the dispute shall inform the Arbitral Tribunal of any action taken prior to the arbitration proceedings and shall give a brief presentation on the merits in law and in fact of their respective positions. Article 17 The countries party to the dispute may be represented before the Arbitral Tribunal by proxies. They may also appoint advisors to defend their rights. … Article 20 1. The Arbitral Tribunal shall issue its decision in writing within no more than 30 days from the date of appointment of the third arbitrator, subject to extension for an equal length of time. 2. The Arbitral Tribunal's decision shall be adopted by majority vote, shall be reasoned, and endorsed by the President and other arbitrators. The members of the Tribunal may not reveal the basis of dissenting or separate votes and shall maintain the confidentiality of the voting. ARGENTINA-VENEZUELA Article 19. … THE COUNCIL shall define its own rules of procedure. BOLIVIA - CHILE Article 29 The Arbitration Commission shall act in accordance
with the Rules of Arbitration Procedure to be adopted by the
Administrative Commission of the Agreement within no more than 90 days
from the date of its establishment. BOLIVIA - MEXICO Article 19-10: Model Rules of Procedure 1. The Commission shall establish Model Rules of Procedure based on the following principles:
2. Unless otherwise agreed between the Parties, the proceeding brought before an arbitral tribunal shall abide by the Model Rules of Procedure. Article 19-11: Role of Experts At the request of a Party or ex-officio, the arbitral tribunal may gather information and seek technical assistance from such individuals or bodies as deemed relevant to the case. Article 19-12: Preliminary Finding 1. The arbitral tribunal shall issue a preliminary finding based on the representations and communications submitted by the Parties as well as on any other information it may have gathered pursuant to Article 19-11 above. 2. Unless otherwise agreed upon by the Parties, the arbitral tribunal shall, within ninety (90) days from the designation of the last panelist, issue a preliminary finding including:
3. Panelists may furnish separate opinions in matters not unanimously agreed. 4. The Parties may submit their comments on the preliminary finding in writing to the arbitration panel within fourteen (14) days after the disclosure of same. 5. After examining the written comments, if any, the arbitration panel may, ex-officio or at the request of either Party:
Article 19-13: Final Resolution 1. The arbitration panel shall submit to the Commission its final resolution and, where appropriate, any separate opinion on matters not unanimously agreed within thirty (30) days upon disclosure of the preliminary finding. 2. Neither the preliminary finding nor the final resolution shall disclose the identity of majority or minority panelists. 3. The arbitral tribunal’s final resolution shall be published within fifteen (15) days following notification to the Commission. BRAZIL - PERU Annex IV d) The arbitration procedure will be established by the Administrative Committee. …. f) The arbitrators will have a period of sixty days, extendable by another thirty days, counting from the date of their appointment, to hand down their decision CANADA - CHILE Article N-01: The Free Trade Commission …. 4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by mutual agreement. 5. The Commission shall convene at least once a year in regular session. Regular sessions of the Commission shall be chaired alternately by each Party. Article N-07: Commission - Good Offices, Conciliation and Mediation …. 6. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly. Article N-12: Rules of Procedure 1. The Commission shall establish, by the date of entry into force of this Agreement, Model Rules of Procedure, in accordance with the following principles:
2. The Commission may amend from time to time the Model Rules of Procedure referred to in paragraph 1. 3. Unless the Parties otherwise agree, the panel shall conduct its proceedings in accordance with the Model Rules of Procedure. Article N-13: Role of Experts On request of a Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties so agree and subject to such terms and conditions as the Parties may agree. Article N-14: Scientific Review Boards … 3. The Parties shall be provided:
4. The panel shall take the board's report and any comments by the Parties on the report into account in the preparation of its report. Article N-15: Initial Report 1. Unless the 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 N-13 or N-14. 2. Unless the Parties otherwise agree, the panel shall, within 90 days after the last panelist is selected or such other period as the Model Rules of Procedure established pursuant to Article N-12(1) may provide, present to the Parties an initial report containing:
3. Panelists may furnish separate opinions on matters not unanimously agreed. 4. A Party may submit written comments to the panel on its initial report within 14 days of presentation of the report. 5. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of a Party, may:
Article N-16: Final Report 1. The panel shall present to the Parties a final report, including any separate opinions on matters not unanimously agreed, within 30 days of presentation of the initial report, unless the Parties otherwise agree. 2. No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions. 3. The Parties shall transmit to the Commission the final report of the panel, including any report of a scientific review board established under Article N-14, as well as any written views that a Party desires to be appended, on a confidential basis within a reasonable period of time after it is presented to them. 4. Unless the Commission decides otherwise, the final report of the panel shall be published 15 days after it is transmitted to the Commission. CHILE - COLOMBIA Article 32. … CHILE - ECUADOR Article 32. … CHILE - MEXICO Article 33 Free Trade Agreement Article 17-01: Free Trade Commission 1. The Commission shall establish, by October 1, 1998, at the latest, Model Rules of Procedure, in accordance with the following principles:
2. Unless otherwise agreed by the Parties, the procedure with the arbitration group will be governed by the model rules of procedure. 3. The Commission may amend, if considered necessary, the model rules of procedure referred to in paragraph 1. Article 18-11: Functions of the experts At the request of either Party or officially, the arbitration group may procure information and technical assistance from such persons or groups of persons that are deemed appropriate. Article 18-12: Scientific review committees 1. At the request of either Party or, unless disapproved by both Parties, the arbitration group may on its own initiative, request a written report from the scientific review committee on any points of fact relating to environmental matters, health, security, or any other scientific matter raised by either Party in the proceedings, in accordance with such terms and conditions as are agreed on by the Parties. 2. The members of the committee will be selected by the arbitration group from amongst highly qualified independent scientific experts after consulting with the Parties and in accordance with the model rules of procedure. 3. The Parties shall receive:
4. The arbitration group shall take into consideration the committee's report and the observations of the Parties in preparing its own report. Article 18-13: Preliminary report 1. The arbitration group shall base its preliminary report on the arguments and communications presented by the Parties and on any information that has been received in accordance with articles 18-11 and 18-12 unless otherwise agreed by the Parties. 2. Unless otherwise agreed by the Parties, within 90 days after the appointment of the final arbitrator, the arbitration group shall present to the Parties a preliminary report containing:
3. The arbitrators may express particular opinions on issues on which there is not a unanimous decision. 4. The Parties may make observations in writing to the arbitration group on the preliminary report within 14 days after its presentation. 5. In this case, after reviewing the written observations, the arbitration group may officially or at the request of either Party:
Article 18-14: Final report 1. The arbitration group shall submit to the Commission a final report and, if necessary, its particular opinions on the issues on which there has not been a unanimous decision, within 30 days after the presentation of the preliminary report unless otherwise agreed by the Parties. 2. The Parties shall forward to the Commission any written consideration that they consider relevant to the final report. 3. 2. No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions. 4. The arbitration group's final report shall be published within 15 days after its communication to the Commission unless otherwise decided. CHILE - PERU Annex 8 Article 12 The Arbitration Tribunal shall, within five days of its establishment, adopt its own rules of procedure, which shall guarantee the signatory countries the opportunity to be heard and shall ensure that the proceedings are executed expeditiously, taking special account of the perishable nature of the merchandise subject to the dispute. Article 13 The signatory countries shall inform the Arbitration Tribunal of any action taken prior to the arbitration proceedings and shall present the merits of their individual positions in fact and in law. The signatory countries shall appoint their representatives to the Arbitration Tribunal and shall appoint legal advisors to defend their rights. The Arbitration Tribunal shall have a time limit of 30 days from its formation to issue its opinion; said time limit may be extended only once for a further 30 days. The foregoing notwithstanding, the signatory countries may agree on longer time limits. CHILE - VENEZUELA Article 31. … COSTA RICA - MEXICO Article 16-01: Administration Commission … 4. The Commission shall establish its rules and procedures and adopt every decision by consensus. 5. The Council shall convene at least once a year in a regular meeting and shall hold special meetings at the request of any of the Parties. Sessions shall be chaired successively by each Party. … Article 17-04: Perishable Goods In any dispute involving perishable goods, the Parties, the Commission, and the arbitration panel referred to in Article 17-07 shall make every effort to speed up the procedure to the extent possible. To that effect, the Parties shall agree to accelerate the time periods established in this Chapter. … Article 17-11: Rules of Procedure 1. The Commission shall establish Model Rules of Procedure based on the following principles:
2. Unless otherwise agreed between the Parties, the proceeding brought before the arbitration panel shall abide by the Model Rules of Procedure. … Article 17-12: Role of Experts At the request of a Party or ex-officio, the arbitration panel may gather information and request technical assistance from such individuals or bodies as deemed relevant to the case. Article 17-13: Preliminary Report 1. The arbitration panel shall issue a preliminary report based on the representations and communications submitted by the Parties as well as on any other information it may have gathered pursuant to Article 17-12 above. 2. Unless otherwise agreed upon by the Parties, the arbitration panel shall, within ninety (90) days from the designation of the last panelist, issue a preliminary finding including:
3. Panelists may furnish separate opinions in matters not unanimously agreed. 4. The Parties may submit their comments on the preliminary finding in writing to the arbitration panel within fourteen (14) days after the disclosure of same. 5. After examining the written comments, if any, the arbitration panel may, ex-officio or at the request of any of the Parties:
Article 17-14: Final Report 1. The arbitration panel shall submit to the Commission its final resolution, to be adopted by a majority vote, and, where appropriate, any separate opinions on matters not unanimously agreed, within thirty (30) days upon disclosure of the preliminary finding. 2. 2. No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions. 3. The final resolution shall be published within fifteen (15) days following notification to the Commission. MEXICO - NICARAGUA Article 19-01: Administration Commission … 4. Every Commission decision shall be adopted by consensus. 5. The Commission shall convene at least once a year. Commission sessions shall be successively chaired by each Party. …. Article 20-04: Perishable Goods In any dispute involving perishable goods, the Parties, the Commission, and the arbitration panel shall make every effort to speed up the procedure to the extent possible. To that effect, the Parties shall try to reduce the timeframes established in this Chapter. … Article 20-11: Rules of Procedure 1. The Commission shall establish Model Rules of Procedure based on the following principles:
2. Unless otherwise agreed between the Parties, the proceeding brought before an arbitration panel shall abide by the Model Rules of Procedure. … Article 20-12: Role of Experts At the request of a Party or ex-officio, the arbitration panel may gather information and request technical assistance from such individuals or bodies as deemed relevant to the case.
Article 20-13: Preliminary Report 1. The arbitration panel shall issue a preliminary finding based on the representations and communications submitted by the Parties as well as on any other information it may have gathered pursuant to Article 20-12 above. 2. Unless otherwise agreed upon by the Parties, the arbitration panel shall, within ninety (90) days from the designation of the last panelist, issue a preliminary finding including:
3. Panelists may furnish separate opinions in matters not unanimously agreed. 4. The Parties may submit their comments on the preliminary finding in writing to the arbitration panel within fourteen (14) days after the disclosure of same. 5. After examining the written comments, if any, the arbitration panel may, ex-officio or at the request of either Party:
Article 20-14: Final Report 1. The arbitration panel shall submit to the Commission its final resolution, to be adopted by a majority vote, and, where appropriate, any separate opinion on matters not unanimously agreed within thirty (30) days upon disclosure of the preliminary finding. 2. Neither the preliminary finding nor the final resolution shall disclose the identity of majority or minority panelists. 3. The final resolution shall be published within fifteen (15) days following notification to the Commission. PANAMA - COLOMBIA Article 32. … . Moreover, the Council shall approve a permanent system for the settlement of disputes within six (6) months of its establishment, using as a frame of reference international guidelines in this area. Article 36. …. The Council shall issue its own rules of procedure. PANAMA - COSTA RICA Article 25…. While waiting for such a ruling, the matter in dispute will be put on hold for all effects and purposes. Rules Article 16. Upon the request of one of the Parties, other individuals, such as those affected by the matters before the Committee, may participate in meetings in order to inform the JSC and contribute to the best possible decision being taken. Article 27: …. Any person with a direct interest in the question shall not sit on the Committee when it hears the case. Article 31: … While waiting for the judgement, the matter in dispute will be put on hold for all effects and purposes. PANAMA - DOMINICAN REPUBLIC Article XVI PANAMA - EL SALVADOR Article 18 Regulations Article 19: … At the request of one of the Parties, other persons affected by the problems under review by the Committee may participate in the Committee meetings for the purpose of providing any information that may contribute to the most appropriate decision on the problem. Article 30: ….. Persons with a direct interest in the matter in dispute may not take part in its review as members of the Committee. Article 34: … PANAMA - GUATEMALA Article 23…. While waiting for such a ruling, the matter in dispute will be put on hold for all effects and purposes. Regulations Article 19. …. Upon the request of one of the Parties, other individuals, such as those affected by the matters before the Committee, may participate in meetings in order to inform the JSC and contribute to the best possible decision being taken. Article 31: …. Any person with a direct interest in the question shall not sit on the Committee when it hears the case. Article 35. … While waiting for the judgement, the matter in dispute will be put on hold for all effects and purposes. PANAMA - HONDURAS Article 25… While waiting for such a ruling, the matter in dispute will be put on hold for all effects and purposes. PANAMA - NICARAGUA Article 25… While waiting for such a ruling, the matter in dispute will be put on hold for all effects and purposes Rules Artículo 15: …. Upon the request of one of the Parties, other individuals, such as those affected by the matters before the Committee, may participate in meetings of the JSC. Article 21: JSC decisions and agreements shall be taken by mutual agreement of the Ministers or their representatives. … Article 26: …Any person with a direct interest in the question shall not sit on the Committee when it hears the case. Article 30: … While waiting for the judgement, the matter in dispute will be put on hold for all effects and purposes. ANDEAN COMMUNITY Protocol of Cochabamba Article 37.-….[T]he Court shall issue the appropriate court order, based on existing technical documentation, the history of the case, and the explanations of the organ that is the target of the appeal. Article 38.- …. At the option of the Parties, the Court will issue its ruling, whether based on law or on equitable principles, and it will be binding, not subject to appeal, and will constitute legal and sufficient cause to request that it be executed in accordance with the domestic provisions of each member country. Article 39 … The General Secretariat will issue its ruling in accordance with criteria of fairness and procedural technicalities and with the legal structure of the Andean Community. MERCOSUR Protocol of Brasilia Article 19 1. 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. 2. 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. Protocol of Ouro Preto Article 43. Sole paragraph. The Directives of the Mercosul Trade Commission are also incorporated in Articles 19 and 25 of the Brasilia Protocol. Rules of the Protocol of Brasilia Article 28 The subject matter of the disputes between States and the complaints initiated at the request of the private parties shall remain as determined by the written presentations and responses, unable to be broadened later. NAFTA Article 102: Objectives 1. The objectives of this Agreement, as elaborated more specifically through its principles and rules, including national treatment, most-favored-nation treatment and transparency, are to:
2. The Parties shall interpret and apply the provisions of this Agreement in the light of its objectives set out in paragraph 1 and in accordance with applicable rules of international law. Article 2016: Initial Report 1. 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 or 2015. MERCOSUR - BOLIVIA Annex 11 The Expert Group shall examine the dispute in light of the provisions of this Agreement, the complementary protocols and instruments signed within its framework, and any information provided by the contending Parties. The Expert Group shall provide the Parties with an opportunity to state their cases. MERCOSUR - CHILE Annex 14 The Expert Group shall examine the dispute in light of the provisions of this Agreement, the complementary protocols and instruments signed within its framework, and any information provided by the contending Parties. The Expert Group shall provide the Parties with an opportunity to state their cases. ARGENTINA-CHILE Second Additional Protocol Article 19 1. The Arbitration Panel shall decide the dispute in accordance with the provisions of the Economic Complementarity Agreement of August 2, 1991, any existing or future agreements, protocols, and other provisions or supplementary resolutions signed within the framework of the Agreement, and in accordance with the principles and provisions of international law applicable to these matters. 2. This provision does not constrain the authority of the Arbitration Panel to decide a dispute ex aequo et bono, should the signatory countries so agree. BOLIVIA - CHILE Article 30 Notwithstanding the ability of its members to justly and fairly decide the dispute submitted for consideration, the Arbitration Commission shall weigh the situations and facts it must examine in light of the standards set forth in this Agreement and in the 1980 Treaty of Montevideo, as well as any other pertinent standards and principles of international law. BRAZIL - PERU Annex IV
CANADA - CHILE Article N-15: Initial Report CHILE - COLOMBIA Article 32. … CHILE - ECUADOR Article 32. … CHILE - MEXICO Article 33
CHILE - PERU Annex 8 Article 11 CHILE - VENEZUELA Article 31. … ANDEAN COMMUNITY By-Laws Article 77.- At their own initiative or at the request of the Court, at any stage of the procedure and before judgement is passed, Member Countries, the Commission or the Board, whether or not they are parties to the suit, may provide whatever information or legal arguments are considered necessary for a better solution to the case. GROUP OF THREE Article 19-13: Participation of the Third Party After informing the responsible national bodies of
the adversary Parties of its desire to do so, the non-adversary Party
shall have the right to attend hearings, make written and oral
presentations to the arbitration board and receive copies of the written
submissions of the adversary Parties. 4. Unless significant change in economic or commercial circumstances has occurred, a third Party not exercising the right to participate as a claimant as established in paragraph 3, shall abstain from initiating any dispute settlement procedure regarding the same question under the terms of:
NAFTA Article 2008: Request for an Arbitral Panel 3. A third Party that considers it has a substantial interest in the matter shall be entitled to join as a complaining Party on delivery of written notice of its intention to participate to the disputing Parties and its Section of the Secretariat. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of a request by a Party for the establishment of a panel. 4. If a third Party does not join as a complaining Party in accordance with paragraph 3, it normally shall refrain thereafter from initiating or continuing:
Article 2013: Third Party Participation A Party that is not a disputing Party, on delivery of a written notice to the disputing Parties and to its Section of the Secretariat, shall be entitled to attend all hearings, to make written and oral submissions to the panel and to receive written submissions of the disputing Parties. ANDEAN COMMUNITY Treaty - Court of Justice Article 22.- When the Court declares the total or
partial annulment of the impugned Decision or Resolution, it shall
indicate the effects of the judgement over time. Article 30.- The Court’s interpretation must be limited to specifying the contents and scope of the rules of the legal system governing the Cartagena Agreement. The Court may neither interpret the contents and scope of municipal laws nor determine the merits of matters concerning the proceeding. By-Laws Article 30.- During the final deliberation of the proceeding, the magistrates shall express their reasoned opinion. The Court’s judgements must be signed by the
President, the other magistrates and the Secretary and dissenting votes or
opinions shall not be expressed therein.
If the judgement states the total or partial
invalidity of a Decision or Resolution, it must also state its effects
over time. Article 57.- The judgement shall be read at a public
hearing once the parties have been summoned. This act shall be recorded. Article 58.- The judgement shall become effective on
the day after it was read at the hearing. Article 59.- Either at its own initiative or at the
request of one of the parties submitted within a period of five days after
the reading, the Court may amend or expand the judgement. Article 60.- Within a period of ten days after the
reading, one of the parties, a Member Country, the Commission or the Board
may request the clarification of certain points in the judgement that may
be considered ambiguous. Article 63.- Within a period of thirty days after receiving the application, the Court may pass judgement with the vote of four magistrates, if the fifth magistrate is justifiably impeded to participate in the final session convened to approve the judgement. Article 64.- The Court’s judgement, signed by the
President, the other magistrates and the Secretary, shall be sealed and
deposited in the Secretariat. Article 65.- Only judgement of noncompliance suits can be reviewed, in accordance with Article 26 of the Treaty. The claim shall correspond to the parties in the previous proceeding. Article 66.- The claim for a review must be submitted within two months after the day the claimant was informed of the fact on which it is based and, in any case, within a year from the date of the judgment of noncompliance. Article 67.- The claim for a review must contain the following, in applicable, in addition to the provisions set forth in Article 36:
Article 68.- Once the claim for a review is admitted, the procedure shall continue in accordance with these Bylaws and the final judgement shall be passed at a plenary session.
Protocol of Cochabamba Article 22. When the Court partially or totally
nullifies the disputed decision, resolution or agreement, it shall
indicate the effects, over time, of the decision. Article 28. The Court, before handing down a final ruling, at the request of the claimant, and following the placing of a bond, if it deems this necessary, may order the provisional suspension of the measure that is alleged to be in violation, if it causes or may cause irreparable harm or harm that is difficult to remedy to the claimant or to the subregion. Article 29. Rulings made in noncompliance actions may be reviewed by the Court itself at the request of the party, based on some fact that could have had a decisive influence on the result of the proceedings, provided that the fact was unknown at the time of the issuing of the ruling by the party requesting the review. The request for review must be submitted within ninety days of the day on which the fact was discovered, and, in any case, within one year following the date of the ruling. Article 30. The noncompliance ruling handed down by
the Court in the cases envisaged in Article 25 will constitute legal and
sufficient cause for the party to petition the judge of the country for
appropriate damages. Article 32. It is the Court’s responsibility to give
a pre-judicial interpretation of the rules that make up the legal
structure of the Andean Community, in order to ensure that they are
uniformly enforced throughout the territory of the member countries. Article 34. The judge hearing the proceedings shall,
in his ruling, limit himself to considering the content and scope of the
rules making up the legal structure of the Andean Community related to the
specific case. The Court may not interpret the content and scope of
domestic law nor judge the factual issues of the case, notwithstanding
which he may refer to these when it is essential for purposes of the
interpretation being sought. Article 37. When the Andean Council of Ministers for
Foreign Affairs, the Andean Community Commission or the General
Secretariat fail to carry out an activity that they were explicitly
obligated to perform by virtue of the legal structure of the Andean
Community, said organs, the member states or natural or juridical persons
meeting the conditions described in Article 19 of this treaty may demand
compliance with those obligations. Article 38. The Court has authority to settle,
through arbitration, disputes that arise regarding the enforcement or
interpretation of contracts, pacts or agreements signed by organs and
institutions of the Andean System of Integration, or between them and
third parties, when the parties so agree. Article 39. The General Secretariat has authority to
settle, through arbitration, disputes brought before it by private parties
regarding the enforcement or interpretation of elements of private
contracts governed by the legal structure of the Andean Community. CARICOM Annex: Article 11 - Disputes Procedure Within the Common Market 3. If in pursuance of the foregoing provisions of
this Article the Council or the Tribunal, as the case may be, finds that
any benefit conferred on a Member State by this Annex or any objective of
the Common Market is being or may be frustrated, the Council may, by
majority vote, make to the Member State concerned such recommendations as
it considers appropriate. 5. Any Member State may at any time while any matter is under consideration under this Article request the Council to authorise, as a matter of urgency, interim measures to safeguard its position. If the matter is being considered by the Tribunal such request shall be referred by the Council to the Tribunal for its recommendation. If it is found by a majority vote of the Council that the circumstances are sufficiently serious to justify interim action, and without prejudice to any action which it may subsequently take in accordance with the preceding paragraphs of this Article, the Council may, by majority vote, authorise a Member State to suspend its obligations under this Annex to such an extent and for such period as the Council considers appropriate. CACM Article XXVI The award of the arbitration tribunal shall require the concurring votes of not less than three members, and shall have the effect of res judicata for all the Contracting Parties so far as it contains any ruling concerning the interpretation or application of the provisions of this Treaty. GROUP OF THREE Article 19-16: Compliance with the Final Decision 2. … When the decision of the arbitration board declares that the measure causes nullification or impairment in the terms of the Annex to Article 19-02, it shall determine the level of nullification or impairment and may suggest adjustments satisfactory to both adversary Parties. MERCOSUR Protocol of Brasilia Article 8 The State Parties declare that they recognize as obligatory, ipso facto and without need of a special agreement, the jurisdiction of the Arbitral Tribunal which in each case is established in order to hear and resolve all controversies which are referred to in the present Protocol. Article 21 1. The decisions of the Arbitral Tribunal cannot be appealed, and are binding on the State Parties to the controversies from the moment the respective notification is received and will be deemed by them to have the effect of res judicata. 2. The decisions should be complied with within a time limit of fifteen (15) days, unless the Arbitral Tribunal fixes a different time limit. Article 22 1. Any of the State Parties to the controversy can, within fifteen (15) days following notification of the decision, request a clarification of the same or an interpretation as to how it should be complied with. 2. The Arbitral Tribunal will issue a pronouncement within the next fifteen (15) days. 3. If the Arbitral Tribunal considers that the circumstances require it, it can suspend compliance with the decision until such time as it decides the proffered request. Rules of the Protocol of Brasilia Article 22: The Arbitral Tribunal's decision shall be issued in written form and must contain the following elements, in addition to any others that the Arbitral Tribunal may deem appropriate:
NAFTA Article 2017: Final Report 1. 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. 2. No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions. 3. The disputing Parties shall transmit to the Commission the final report of the panel, including any report of a scientific review board established under Article 2015, as well as any written views that a disputing Party desires to be appended, on a confidential basis within a reasonable period of time after it is presented to them. 4. Unless the Commission decides otherwise, the final report of the panel shall be published 15 days after it is transmitted to the Commission. Article 2018: Implementation of Final Report 1. On receipt of the final report of a panel, the disputing Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations of the panel, and shall notify their Sections of the Secretariat of any agreed resolution of any dispute. 2. Wherever possible, the resolution shall be non-implementation or removal of a measure not conforming with this Agreement or causing nullification or impairment in the sense of Annex 2004 or, failing such a resolution, compensation. TRIPARTITE TREATY Article XXIX. … The decision of the arbitration panel will be determined by the concurring votes of two members and will have the force of res judicata for all Contracting Parties, as regards the resolution of any point having to do with the interpretation or application of the clauses of this Treaty. CENTRAL AMERICA - DOMINICAN REPUBLIC Article 16.16. Enforcement of Final Resolution 1. The final resolution shall be binding to the contending Parties as stated therein and within the timeframes it may specify. 2. Where the final resolution of the arbitration panel find that a measure is inconsistent with this Agreement, the defending Party shall refrain from enforcing or revoke such measure. 3. Where the final resolution of the arbitration panel find that the measure has caused nullification or impairment under Article 16.03(2)(b), it shall determine the extent of such nullification or impairment and may suggest such adjustments as deemed mutually satisfactory to the contending Parties. MERCOSUR - BOLIVIA Annex 11 Article 13 The Commission shall make recommendations to the contending Parties based on the Expert Group’s findings within fifteen (15) calendar days following receipt of the Expert Group’s findings. The Commission shall ensure that its recommendations are duly enforced. MERCOSUR - CHILE Annex 14 Article 13 The Commission shall make recommendations to the contending Parties based on the Expert Group’s findings within fifteen (15) calendar days following receipt of the Expert Group’s findings. The Commission shall ensure that its recommendations are duly enforced. ARGENTINA - CHILE Second Additional Protocol Article 18 1. The Arbitration Panel may, at the request of one
of the countries party to the dispute, issue any provisional measures it
deems appropriate under the circumstances and on terms that the Tribunal
itself shall establish to prevent grave and irreparable injury to one of
the parties to the dispute. Article 21 The decision of the Arbitration Panel shall envisage, where necessary, the specific measures that the injured country is authorized to implement, be it for non-enforcement, erroneous interpretation, or any action or omission that may frustrate the rights flowing from the Economic Complementarity Agreement, or any existing or future agreements, protocols, and supplementary decisions or resolutions signed within the framework of the Agreement. Article 22 The specific measures mentioned in Article 21 may refer to a suspension of concessions equivalent to the injury caused, full or partial withdrawal of concessions, or any other measures within the scope of application of the provisions of the Economic Complementarity Agreement, or any existing or future agreements, protocols, and supplementary decisions or resolutions signed within the framework of the Agreement. BOLIVIA - CHILE Article 31 The resolution of the Arbitration Commission shall
include its determination regarding whether the situation submitted for
its consideration constitutes noncompliance or improper interpretation
under the law and regarding the measures to be adopted by the petitioned
country to rectify this situation. BOLIVIA - MEXICO Article 19-13: Final Resolution 1. The arbitration panel shall submit to the Commission its final resolution and, where appropriate, any separate opinion on matters not unanimously agreed within thirty (30) days upon disclosure of the preliminary finding. 2. Neither the preliminary finding nor the final resolution shall disclose the identity of majority or minority panelists. 3. The arbitration panel’s final resolution shall be published within fifteen (15) days following notification to the Commission. Article 19-14: Enforcement of Final Resolution 1. The final resolution of an arbitration panel shall be binding to the Parties as stated therein and within the timeframes it may specify. 2. Where the final resolution of the arbitration panel finds that a measure is inconsistent with this Agreement, the defending Party shall, wherever possible, refrain from enforcing or revoke such measure. 3. Where the final resolution of the arbitration panel finds that the measure has caused nullification or impairment under the Annex to Article 19-02, it shall determine the extent of such nullification or impairment and may suggest such adjustments as deemed mutually satisfactory to the Parties. BRAZIL - PERU Annex IV
CANADA - CHILE Article N-12: Rules of Procedure Article N-16: Final Report 1. The panel shall present to the Parties a final report, including any separate opinions on matters not unanimously agreed, within 30 days of presentation of the initial report, unless the Parties otherwise agree. 2. No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions. 3. The Parties shall transmit to the Commission the final report of the panel, including any report of a scientific review board established under Article N-14, as well as any written views that a Party desires to be appended, on a confidential basis within a reasonable period of time after it is presented to them. 4. Unless the Commission decides otherwise, the final report of the panel shall be published 15 days after it is transmitted to the Commission. Article N-17: Implementation of Final Report 1. On receipt of the final report of a panel, the Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations of the panel, and shall notify their Sections of the Secretariat of any agreed resolution of any dispute. 2. Wherever possible, the resolution shall be nonimplementation or removal of a measure not conforming with this Agreement or causing nullification or impairment in the sense of Annex N-04 or, failing such a resolution, compensation. CHILE - COLOMBIA Article 32. … This resolution shall not be subject to any form of appeal and noncompliance therewith shall result in suspension of the Agreement for as long as the causes of said suspension persist. … CHILE - ECUADOR Article 32. … CHILE - MEXICO Article 33 Free Trade Agreement Article 18-14: Final report 1. The arbitration group shall submit to the Commission a final report and, if necessary, its particular opinions on the issues on which there has not been a unanimous decision, within 30 days after the presentation of the preliminary report unless otherwise agreed by the Parties. 2. The Parties shall forward to the Commission any written consideration that they consider relevant to the final report. 3. An arbitration group may not indicate in its preliminary report or final report the identity of the arbitrators that have voted with the majority or the minority. 4. The arbitration group's final report shall be
published within 15 days after its communication to the Commission unless
otherwise decided. 1. The arbitration group's final report shall be binding on the Parties. Unless otherwise agreed, the Parties shall comply with the terms of the arbitration group's final report within the periods specified therein. 2. If the arbitration group's final report should declare that the measure adopted is incompatible with this Treaty or that it is grounds for cancellation or loss pursuant to annex 18-02, the Party affected, insofar as is possible, shall refrain from implementing such measure or rescind it. CHILE - PERU Annex 8 Article 15 The opinion of the Arbitration Tribunal shall be
adopted by majority vote, shall be reasoned and endorsed by the members of
the Tribunal. They may not state the reasons for dissenting votes and
shall maintain the confidentiality of the voting. CHILE - VENEZUELA Article 31. … COSTA RICA - MEXICO Article 17-14: Final Resolution 1. The arbitration panel shall submit to the Commission its final resolution, to be adopted by a majority vote, and, where appropriate, any separate opinions on matters not unanimously agreed, within thirty (30) days upon disclosure of the preliminary finding. 2. Neither the preliminary finding nor the final resolution shall disclose the identity of majority or minority panelists. 3. The final resolution shall be published within fifteen (15) days following notification to the Commission. Article 17-15: Enforcement of Final Resolution 1. The final resolution shall be binding to the Parties as stated therein and within the timeframes it may specify. 2. Where the final resolution of the arbitration panel finds that a measure is inconsistent with this Agreement, the defending Party shall refrain from enforcing or revoke such measure. 3. Where the final resolution of the arbitration panel finds that the measure has caused nullification or impairment under the Annex to Article 17.02, it shall determine the extent of such nullification or impairment and may suggest such adjustments as deemed mutually satisfactory to the Parties. DOMINICAN REPUBLIC-COSTA RICA Article XVI Any disputes that may arise concerning the interpretation and application of any of the clauses of this Contract shall be settled peacefully between the Parties, in a spirit of collaboration and for the benefit of both Parties. In exceptional cases, when this is not possible, the Parties agree to name an Arbitration Commission, whose decision they are required to accept. MEXICO - NICARAGUA Article 20-14: Final Resolution 1. The arbitration panel shall submit to the Commission its final resolution, to be adopted by a majority vote, and, where appropriate, any separate opinion on matters not unanimously agreed within thirty (30) days upon disclosure of the preliminary finding. 2. Neither the preliminary finding nor the final resolution shall disclose the identity of majority or minority panelists. 3. The final resolution shall be published within fifteen (15) days following notification to the Commission. Article 20-15: Enforcement of Final Resolution 1. The final resolution shall be binding to the Parties as stated therein and within the timeframes it may specify. 2. Where the final resolution of the arbitration panel finds that a measure is inconsistent with this Agreement, the defending Party shall refrain from enforcing or revoke such measure. 3. Where the final resolution of the arbitration panel finds that the measure has caused nullification or impairment under the Annex to Article 20-02, it shall determine the extent of such nullification or impairment and may suggest such adjustments as deemed mutually satisfactory to the Parties. PANAMA - COSTA RICA Article 25…[T]he Contracting Parties agree to name an Arbitration Board and accept its ruling. … Rules Article 22: The Ministers or their representatives must sign all decisions and agreements made by the JSC. Such decisions and agreements are binding on the Signatory States and will take effect as of an exchange of notes between the Ministries of Foreign Affairs when so stipulated by the Treaty. When not so stipulated, they will enter into force on the date set by the JSC. Article 31: If the JSC cannot reach agreement on the question through the procedures herein established, the Contracting Parties agree to appoint an Arbitration Board for final resolution of their differences regarding interpretation or implementation of the norms regulating trade carried out between them under the provisions of the Treaty. PANAMA - DOMINICAN REPUBLIC Article XVIII …[T]he Contracting Parties pledge to appoint an Arbitration Commission and to abide by its rulings. PANAMA - EL SALVADOR Article 18 ….[T]he Parties undertake to appoint and accept the ruling of an Arbitration Commission. Rules Article 34: In the event that an agreement cannot be reached by the Joint Committee through the procedure set forth in these regulations, the Contracting Parties undertake to appoint and accept the ruling of an Arbitration Committee definitively resolving the differences of interpretation or application of provisions governing trade between the two countries under the Treaty. PANAMA - GUATEMALA Article 23…. [T]he Contracting Parties agree to name an Arbitration Commission and accept its ruling. Rules Article 35: If the JSC cannot reach agreement on the question through the procedures herein established, the Contracting Parties agree to appoint an Arbitration Board for final resolution of their differences regarding interpretation or implementation of the norms regulating trade carried out between them under the provisions of the Treaty and these Rules of Procedure. PANAMA - HONDURAS Article 25…[T]he Contracting Parties agree to name an Arbitration Board and accept its ruling. … PANAMA - NICARAGUA Article 25…[T]he Contracting Parties agree to name an Arbitration Commission and accept its ruling. … Rules Article 30: If the Mixed Commission cannot reach agreement on the question through the procedures herein established, the Contracting Parties agree to appoint an Arbitration Commission for final resolution of their differences regarding interpretation or implementation of the norms regulating trade carried out between them under the provisions of the Treaty. ANDEAN COMMUNITY Treaty - Court of Justice Article 22.- When the Court declares the total or
partial annulment of the impugned Decision or Resolution, it shall
indicate the effects of the judgement over time. Article 26.- Judgements passed in actions of
noncompliance can be reviewed by the same Court at the request of one of
the parties, based on a fact that may have decisively influenced the
result of the proceeding, providing the person requesting the review was
not aware of that fact on the date the judgement was passed. Article 27.- In the event the rights of individuals
or companies are affected by the failure of Member Countries to fulfil the
provisions set forth in Article 5 herein above, they would be entitled to
gain access to competent national Courts. Article 31.- The judge who is conducting the proceeding must adopt the Court’s interpretation. … Article 32.- In order to comply with the Court’s verdicts, no official approval or exequatur will be required in any Member Countries. By-Laws Article 69.- Should the respective Member Country fail to take the necessary steps to execute a judgement of noncompliance within the period established in the first paragraph of Article 25 of the Treaty, at the end of that period and for the effects envisaged in paragraph two therein, the Court shall request the opinion of the Board. The latter shall then issue its statement within thirty days after receiving the request. Article 70.- After receiving the opinion of the Board and if relevant, the Court shall establish the date and time of a hearing. Article 71.- Ten days after receiving the opinion of
the Board or five days after the closing of the hearing, the Court shall
hold a plenary session to discuss and establish the limits within which
Member Countries may totally or partially restrict or suspend the
advantages of the Agreement that benefit the Member Country at fault. Article 80.- Individuals or companies whose rights are affected by the noncompliance of a Member Country, shall be entitled to turn to that country’s competent courts in accordance with its municipal laws, claiming the fulfillment of Article 5 of the Treaty. Protocol of Cochabamba Article 22. When the Court partially or totally
nullifies the disputed decision, resolution or agreement, it shall
indicate the effects, over time, of the decision. Article 29. Rulings made in noncompliance actions may be reviewed by the Court itself at the request of the party, based on some fact that could have had a decisive influence on the result of the proceedings, provided that the fact was unknown at the time of the issuing of the ruling by the party requesting the review. The request for review must be submitted within ninety days of the day on which the fact was discovered, and, in any case, within one year following the date of the ruling. Article 30. The noncompliance ruling handed down by the Court in the cases envisaged in Article 25 will constitute legal and sufficient cause for the party to petition the judge of the country for appropriate damages. Article 31. Natural or juridical persons shall have
the right to appear before the competent national courts, in accordance
with the provisions of domestic law, when member countries fail to comply
with the provisions of Article 4 of this treaty, in cases where their
rights are affected by such failure. Article 36. The member countries of the Andean
Community will oversee the enforcement of the provisions of this treaty,
and in particular of the observance by national judges of that which is
set forth in this section. At the option of the Parties, the Court will issue its ruling, whether based on law or on equitable principles, and it will be binding, not subject to appeal, and will constitute legal and sufficient cause to request that it be executed in accordance with the domestic provisions of each member country. Article 39.- …. The General Secretariat['s] …. ruling will be binding and not subject to appeal unless the parties agree otherwise, and will constitute legal and sufficient cause to request its execution in accordance with the domestic provisions of each member country. Article 41. For their enforcement, the decisions and rulings of the Court and the rulings of the General Secretariat will not require official approval o permission for execution abroad, in order for these to be executed in any of the member countries. CARICOM Annex: Article 11 - Disputes Procedure Within the Common Market 4. If a Member State to which a recommendation is made under paragraph 3 of this Article does not or is unable to comply with such recommendation the Council may, by majority vote, authorise any Member State to suspend to the Member State which has not complied with the recommendation the application of such obligations under this Annex as the Council considers appropriate. Protocol Amending the Treaty Article XI
CHAPTER THREE Article 17
4. Subject to the agreement of the Conference, a
Member State may opt out of obligations arising from the decisions of
competent Organs provided that the fundamental objectives of the
Community, as laid down in the Treaty, are not prejudiced thereby. CACM Article XXVI GROUP OF THREE Article 19-16: Compliance with the Final Decision. 1. The final decision of the arbitration board shall be binding on the adversary parties in the terms and within the time periods established by the board. 2. When the final decision of the arbitration board
declares that a measure is incompatible with the Treaty, the defendant
party shall abstain from implementing it or shall repeal it, if such
action is possible. … 1. The claimant Party may suspend application of an equivalent amount of benefits for the defendant Party if the arbitration board decides:
2. Benefits shall be suspended until the defendant Party complies with the final decision or until the adversary Parties reach a mutually satisfactory agreement on the matter in dispute, as the case may be. 3. When studying which benefits shall be suspended in accordance with paragraph 1 above:
4. Upon receiving a written request from any of the adversary Parties, duly sent to the responsible national bodies of the other Parties, the Commission shall name an arbitration board charged with determining if the amount of benefits suspended by the claimant Party in accordance with paragraph 1 is manifestly excessive. As far as possible, this arbitration board shall be composed of the same persons who sat on the board that arrived at the final decision referred to in Article 19-15. 5. The arbitration board established for the purpose set out in paragraph 4 above shall submit its final decision within 60 days of the date its last member was designated, or within any other time limit agreed upon by the Parties. MERCOSUR Protocol of Brasilia Article 23 If a State Party does not comply with a decision of the Arbitral Tribunal within a time limit of thirty (30) days, the other State Parties to the controversy can adopt temporary compensatory measures, such as the suspension of concessions or their equivalent, which should tend to lead to compliance. NAFTA Article 2018: Implementation of Final Report 1. On receipt of the final report of a panel, the disputing Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations of the panel, and shall notify their Sections of the Secretariat of any agreed resolution of any dispute. 2. Wherever possible, the resolution shall be non-implementation or removal of a measure not conforming with this Agreement or causing nullification or impairment in the sense of Annex 2004 or, failing such a resolution, compensation. Article 2019: Non-Implementation-Suspension of Benefits 1. If in its final report a panel has determined that a measure is inconsistent with the obligations of this Agreement or causes nullification or impairment in the sense of Annex 2004 and the Party complained against has not reached agreement with any complaining Party on a mutually satisfactory resolution pursuant to Article 2018(1) within 30 days of receiving the final report, such complaining Party may suspend the application to the Party complained against of benefits of equivalent effect until such time as they have reached agreement on a resolution of the dispute. 2. In considering what benefits to suspend pursuant to paragraph 1:
3. On the written request of any disputing Party delivered to the other Parties and its Section of the Secretariat, the Commission shall establish a panel to determine whether the level of benefits suspended by a Party pursuant to paragraph 1 is manifestly excessive. 4. The panel proceedings shall be conducted in accordance with the Model Rules of Procedure. The panel shall present its determination within 60 days after the last panelist is selected or such other period as the disputing Parties may agree. TRIPARTITE TREATY Article XXIX. … The decision of the arbitration panel … will have the force of res judicata for all Contracting Parties, as regards the resolution of any point having to do with the interpretation or application of the clauses of this Treaty. CARICOM-COLOMBIA Article 21: Settlement of Disputes 3. The recommendations of the Joint Council or any group of experts nominated by the Joint Council with respect to the settlement of disputes shall not be binding. CENTRAL AMERICA - DOMINICAN REPUBLIC Article 16.17: Suspension of Benefits 1. The claiming Party may suspend the application to the defending Party of any benefits under this Agreement to the extent equivalent to the benefits it has ceased to accrue if the arbitration panel finds that:
2. The suspension of benefits shall be in effect until such time as the defending Party complies with the final resolution or the defending Party and the claiming Party agree on a mutually satisfactory settlement of the dispute, as the case may be. However, should the defending Party consist of two or more Parties pursuant to the definition of defending Party and one or any of such Parties complies with the final resolution or reaches a mutually satisfactory arrangement with the claiming Party, the latter shall lift the benefit suspension enforced against such Party. 3. When considering the benefits to be suspended pursuant to this Article, the claiming Party shall:
4. At the request in writing of any of the contending Parties, to be notified to the National Section of the Secretariat and to the other Parties, the Council shall, within twenty-five days, establish an arbitration panel to determine whether the benefit suspension the claiming Party may have enforced under this agreement is overtly excessive. 5. The proceeding to be filed before an arbitration panel established for the purposes of Article 16.17(4) above shall abide by the Standard Rules of Procedure. The arbitration panel shall issue a final resolution within sixty days from the designation of the last panelist or within any other timeframe as the contending Parties may agree to. MERCOSUR - BOLIVIA Annex 11 Article 13 …. The Commission shall ensure that its recommendations are duly enforced. MERCOSUR - CHILE Annex 14 Article 13 …. The Commission shall ensure that its recommendations are duly enforced. ARGENTINA - CHILE Second Additional Protocol Article 18 2. The parties to the dispute shall comply with any
provisional measure set by the Tribunal immediately, until the Tribunal
issues its decision under Article 20 hereof. Article 23 1. The decisions of the Arbitration Panel may not be appealed, shall be binding on the countries party to the dispute from the time or receipt of notification thereof, and shall have the force of res judicata. 2. The decisions shall be enforced immediately, unless otherwise determined by the Arbitration Panel. Article 24 1. Within the 15 days following the date of notification of the decision, any of the countries party to the dispute may request clarification or interpretation of the manner in which it should be enforced. 2. The Arbitration Panel shall issue its decision within the following 15 days. 3. Should the circumstances so warrant in the opinion of the Arbitration Panel, it may suspend enforcement of the decision until it has ruled on the application submitted. Article 25 Should a country party to the dispute fail to comply with the decision of the Arbitration Panel within 30 days, the other country party to the dispute may adopt temporary compensatory measures, such as the suspension of concessions or other equivalent enforcement measures. Should this situation continue, the affected signatory country may invoke noncompliance as a just cause for terminating the Agreement. BOLIVIA - CHILE Article 32 The resolution of the Arbitration Commission shall not be subject to appeal, the only recourse being a request for clarification. It shall be fully binding on the signatory countries from the time of notification thereof. Noncompliance on the part of the petitioned country may lead to the temporary suspension for the affected country of the implementation of some or all the provisions of this Agreement and may constitute just cause for termination if the noncompliance continues. BOLIVIA - MEXICO Article 19-14: Enforcement of Final Resolution 1. The final resolution of an arbitration panel shall be binding to the Parties as stated therein and within the timeframes it may specify. 2. Where the final resolution of the arbitration panel finds that a measure is inconsistent with this Agreement, the defending Party shall, wherever possible, refrain from enforcing or revoke such measure. 3. Where the final resolution of the arbitration panel finds that the measure has caused nullification or impairment under the Annex to Article 19-02, it shall determine the extent of such nullification or impairment and may suggest such adjustments as deemed mutually satisfactory to the Parties. Article 19-15: Non-compliance - Benefit Suspension 1. The claiming Party may suspend the application of equivalent benefits to the defending Party if the arbitration panel finds that:
2. The suspension of benefits shall be in effect until such time as the defending Party complies with the final resolution of the arbitration panel or the Parties agree on a mutually satisfactory settlement of the dispute, as the case may be. 3. When considering the benefits to be suspended pursuant to Paragraph 1, the claiming Party:
4. At the request in writing of either Party, to be notified to the other Party and to the National Section of the Secretariat, the Commission shall establish an arbitration panel to determine whether the benefit suspension the claiming Party may have enforced in compliance with Paragraph 1 is overly excessive. 5. The proceeding to be filed before an arbitration panel established for the purposes of Paragraph 4 above shall abide by the Standard Rules of Procedure. The arbitration panel shall issue a final resolution within sixty days from the designation of the last panelist or within any other timeframe as the Parties may agree to. BRAZIL - PERU Annex IV
CANADA - CHILE Article N-17: Implementation of Final Report 1. On receipt of the final report of a panel, the Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations of the panel, and shall notify their Sections of the Secretariat of any agreed resolution of any dispute. 2. Wherever possible, the resolution shall be non-implementation or removal of a measure not conforming with this Agreement or causing nullification or impairment in the sense of Annex N-04 or, failing such a resolution, compensation. Article N-18: Non-Implementation - Suspension of Benefits 1. If in its final report a panel has determined that a measure is inconsistent with the obligations of this Agreement or causes nullification or impairment in the sense of Annex N-04 and the Party complained against has not reached agreement with the complaining Party on a mutually satisfactory resolution pursuant to Article N-17(1) within 30 days of receiving the final report, the complaining Party may suspend the application to the Party complained against of benefits of equivalent effect until such time as they have reached agreement on a resolution of the dispute. 2. In considering what benefits to suspend pursuant to paragraph 1:
3. On the written request of a Party delivered to its Section of the Secretariat and the other Party, the Commission shall establish a panel to determine whether the level of benefits suspended by a Party pursuant to paragraph 1 is manifestly excessive. 4. The panel proceedings shall be conducted in accordance with the Model Rules of Procedure. The panel shall present its determination within 60 days after the last panelist is selected or such other period as the Parties may agree. CHILE - COLOMBIA Article 32. … (d)…. This resolution shall not be subject to any form of appeal and noncompliance therewith shall result in suspension of the Agreement for as long as the causes of said suspension persist. Should this situation continue, the affected signatory country may invoke noncompliance as just cause for termination of the Agreement. CHILE-ECUADOR Article 32. … (d)…. This resolution shall not be subject to any form of appeal and noncompliance therewith shall result in suspension of the Agreement for as long as the causes of said suspension persist. Should this situation continue, the affected signatory country may invoke noncompliance as just cause for termination of the Agreement. CHILE - MEXICO Article 33. … (d) …. This decision shall not be appealable, and non-compliance therewith shall lead to the suspension of the Agreement as long as the factors that led to the decision persist. Should this situation continue, the affected party may invoke non-compliance as the reason for termination of the Agreement. Free Trade Agreement Article 18-15: Compliance with the final report 1. The arbitration group's final report shall be binding on the Parties. Unless otherwise agreed, the Parties shall comply with the terms of the arbitration group's final report within the periods specified therein. 2. If the arbitration group's final report should declare that the measure adopted is incompatible with this Treaty or that it is grounds for cancellation or loss pursuant to annex 18-02, the Party affected, insofar as is possible, shall refrain from implementing such measure or rescind it. Article 18-16: Noncompliance - suspension of benefits 1. The objecting Party shall suspend the application of benefits of equivalent effect on the Party affected if the arbitration group decides that:
2. The suspension of benefits shall last until such time as the Party affected complies with the arbitration group's final report or until such time as the Parties reach a mutually satisfactory agreement on the dispute, as applicable. 3. On examining the benefits that will have to be suspended in accordance with paragraph 1, the objecting Party shall:
4. At the written request of either Party, notified to the other Party and its section of the Secretariat, the Commission shall set up an arbitration group to determine whether the level of benefits suspended by the objecting Party in accordance with paragraph 1, is obviously excessive. 5. The proceedings before the arbitration group set up for purposes of paragraph 4 will be processed in accordance with the model rules of procedure. The arbitration group shall present its final report within 60 days after the election of the last arbitrator, or within any other period agreed on by the Parties. CHILE - PERU Annex 8 Article 16 Should a signatory country fail to enforce the opinion of the Arbitration Tribunal within 30 business days of the date of notification thereof, the other signatory country may adopt temporary compensatory measures, such as the suspension of concessions or other equivalent measures, for the purpose of enforcing the opinion or invoking non-enforcement as just cause for termination of the Agreement. CHILE - VENEZUELA Article 31. … d). …. This resolution shall not be subject to any form of appeal and noncompliance therewith shall result in suspension of the Agreement for as long as the causes of said suspension persist. Should this situation continue, the affected signatory country may invoke noncompliance as just cause for termination of the Agreement. COSTA RICA - MEXICO Article 17-15: Enforcement of Final Resolution 1. The final resolution shall be binding to the Parties as stated therein and within the timeframes it may specify. 2. Where the final resolution of the arbitration panel finds that a measure is inconsistent with this Agreement, the defending Party shall refrain from enforcing or revoke such measure. 3. Where the final resolution of the arbitration panel finds that the measure has caused nullification or impairment under the Annex to Article 17.02, it shall determine the extent of such nullification or impairment and may suggest such adjustments as deemed mutually satisfactory to the Parties. Article 17-16: Benefit Suspension 1. The claiming Party may suspend the application of equivalent benefits to the defending Party if the arbitration panel finds that:
2. The suspension of benefits shall be in effect until such time as the defending Party complies with the final resolution or the Parties agree on a mutually satisfactory settlement of the dispute, as the case may be. 3. When considering the benefits to be suspended pursuant to Paragraph 1:
4. At the request in writing of either Party, to be notified to the other Party and to its National Section of the Secretariat, the Commission shall establish an arbitration panel to determine whether the benefit suspension the claiming Party may have enforced under Paragraph 1 is overly excessive. 5. The proceeding to be filed before an arbitration panel established for the purposes of Paragraph 4 above shall abide by the Standard Rules of Procedure. The arbitration panel shall issue a final resolution within sixty days from the designation of the last panelist or within any other timeframe as the Parties may agree to. MEXICO - NICARAGUA Article 20-15: Enforcement of Final Resolution 1. The final resolution shall be binding to the Parties as stated therein and within the timeframes it may specify. 2. Where the final resolution of the arbitration panel finds that a measure is inconsistent with this Agreement, the defending Party shall refrain from enforcing or revoke such measure. 3. Where the final resolution of the arbitration panel finds that the measure has caused nullification or impairment under the Annex to Article 20-02, it shall determine the extent of such nullification or impairment and may suggest such adjustments as deemed mutually satisfactory to the Parties. Article 20-16: Non-compliance - Benefit Suspension 1. The claiming Party may suspend the application of equivalent benefits to the defending Party if the arbitration panel finds that:
2. The suspension of benefits shall be in effect until such time as the defending Party complies with the final resolution or the Parties agree on a mutually satisfactory settlement of the dispute, as the case may be. 3. When considering the benefits to be suspended pursuant to Paragraph 1:
4. At the request in writing of any of the Parties, to be notified to the other Party and to the National Secretariat, the Commission shall establish an arbitration panel to determine whether the benefit suspension the claiming Party may have enforced under this agreement is overly excessive. 5. The proceeding to be filed before an arbitration panel established for the purposes of Paragraph 4 above shall abide by the Standard Rules of Procedure. The arbitration panel shall issue a final resolution within sixty days from the designation of the last panelist or within any other timeframe as the Parties may agree to. PANAMA - COSTA RICA Article 25…[T]he Contracting Parties agree to name an Arbitration Commission and accept its ruling. … Rules Article 31: If the JSC cannot reach agreement on the question through the procedures herein established, the Contracting Parties agree to appoint an Arbitration Commission for final resolution of their differences regarding interpretation or implementation of the norms regulating trade carried out between them under the provisions of the Treaty. PANAMA - DOMINICAN REPUBLIC Article XVIII …[T]he Contracting Parties pledge to appoint an Arbitration Commission and to abide by its rulings. PANAMA - EL SALVADOR Article 18 … [T]he Parties undertake to appoint and accept the ruling of an Arbitration Commission.
Regulations Article 34: In the event that an agreement cannot be reached by the Joint Commission through the procedure set forth in these regulations, the Contracting Parties undertake to appoint and accept the ruling of an Arbitration Commission definitively resolving the differences of interpretation or application of provisions governing trade between the two countries under the Treaty. PANAMA - GUATEMALA Rules Article 35: If the Joint Standing Commission cannot reach agreement on the question through the procedures herein established, the Contracting Parties agree to appoint an Arbitration Commission for final resolution of their differences regarding interpretation or implementation of the norms regulating trade carried out between them under the provisions of the Treaty and these Rules. PANAMA - NICARAGUA Article 25 … [T]he Parties undertake to appoint and accept the ruling of an Arbitration Committee. Rules Article 30: If the Permanent Mixed Commission cannot reach agreement on the question through the procedures herein established, the Contracting Parties agree to appoint an Arbitration Commission for final resolution of their differences regarding interpretation or implementation of the norms regulating trade carried out between them under the provisions of the Treaty.
ANDEAN COMMUNITY By-Laws Article 4.- On the first day of their term or no more than thirty days later, appointed magistrates shall take the oath of office at a Court session held in the Court premises, swearing to carry out their job conscientiously and completely impartially, to keep the Court discussions secret and to fulfil all the duties inherent to their role. Article 6.- As far as the effects of Article 11 of the Treaty are concerned, the following are serious faults if committed by magistrates:
Item d) of this Article does not apply to deputies who occasionally exercise a judiciary role. Article 7.- When a magistrate incurs in any of the
faults contemplated in the previous article while carrying out his duties,
the Government of a Member Country may request his removal, through the
Government of Ecuador. Article 72.- Impediment of or exception to a judge may occur during any stage of the procedure. Article 73.- The following relationships between a judge and the parties or their representatives or proxies are causes for impediment or exception to a judge:
Article 74.- Without waiting to be challenged, a
magistrate who realizes the existence of one of the causes for exception
mentioned in the previous paragraph is under the obligation to report it
to the Court. Article 75.- The exception shall be reported to the
Court in writing, stating the reasons on which the objection is based. Article 76.- Neither the impediment nor the exception will have any effect on previous decisions of the proceeding. GROUP OF THREE Article 19-08: Roster of Arbitrators 1. The Commission shall establish a roster of up to thirty (30) individuals who are willing and able to serve as arbitrators. 2. The persons on that list:
MERCOSUR Rules of the Protocol of Brasilia Article 7: Upon being designated to work on a specific case, the experts mentioned in Articles 4 and 29 of the Brasilia Protocol, and included on the list drawn up in accordance with Article 30 of the same, shall sign a statement accepting the appointment. They shall thus commit themselves to fulfilling their duties with technical independence, honesty and impartiality, along the lines established in the following text, which must be signed and returned to the MERCOSUR Administrative Secretariat before any work is begun. "Upon accepting this appointment to work as an expert, I declare that I hold no personal interest in the matter under dispute and shall work with technical independence, honesty, and impartiality in this procedure to settle a dispute between ____ and ____. I promise to respect the privileged nature of any information that comes into my possession as a result of my participation in these proceedings, of my conclusions and of the opinion. Furthermore, I undertake to accept no advice or orders from third parties or the parties involved in the dispute, nor accept any remuneration for this work except that provided for by the Brasilia Protocol for the Settlement of Disputes". Article 16: As soon as the arbitrators for a specific case have been appointed, the Director of the Administrative Secretariat shall contact them and present them with a copy of the following statement, which must be signed and returned before they take up their duties on the case: "Upon accepting this appointment to work as an expert, I declare that I hold no personal interest in the matter under dispute and have no reason to consider myself ineligible under the terms of Article 15 of the Regulation of the Brasilia Protocol for the Settlement of disputes to sit on the Arbitration Board constituted by Mercosur to resolve the dispute between _________________ and __________________. I promise to respect the privileged nature of any information that comes into my possession as a result of my participation in these proceedings, of my conclusions and of the decision. I also promise to judge with independence, honesty and impartiality and to accept no advice or orders from third parties or the parties involved in the dispute, nor accept any remuneration for this work except that provided for by the Brasilia Protocol for the Settlement of disputes." Article 41: All documents and proceedings connected to the procedures established in the Protocol of Brasilia and in these Rules, as well as all sessions of the Arbitral Tribunal, shall be considered privileged information, with the exception of the decisions of the Arbitral Tribunal. NAFTA Article 2009: Roster 2. Roster members shall:
Article 2010: Qualifications of Panelists 1. All panelists shall meet the qualifications set out in Article 2009(2). 2. Individuals may not serve as panelists for a dispute in which they have participated pursuant to Article 2007(5). Article 2011: Panel Selection 4. If a disputing Party believes that a panelist is in violation of the code of conduct, the disputing Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article. Article 2012: Rules of Procedure 1. The Commission shall establish by January 1, 1994 Model Rules of Procedure, in accordance with the following principles:
Article 2015: Scientific Review Boards 2. The board shall be selected by the panel from among highly qualified, independent experts in the scientific matters, after consultations with the disputing Parties and the scientific bodies set out in the Model Rules of Procedure established pursuant to Article 2012(1). Code of Conduct I. Responsibilities to the Process Every candidate, member and former member shall avoid impropriety and the appearance of impropriety and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement process is preserved. II. Disclosure Obligations A. A candidate shall disclose any interest, relationship or matter that is likely to affect the candidate's independence or impartiality or that might reasonably create an appearance of impropriety or an apprehension of bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters. The candidate shall disclose such interests, relationships and matters by completing an Initial Disclosure Statement provided by the Secretariat and sending it to the Secretariat. Without limiting the generality of the foregoing, candidates shall disclose the following interests, relationships and matters: (1) any financial interest of the candidate
(2) any financial interest of the candidate's employer, partner, business associate or family member
(3) any past or existing financial, business, professional, family or social relationship with any interested parties in the proceeding, or their counsel, or any such relationship involving a candidate's employer, partner, business associate or family member; and (4) public advocacy or legal or other representation
concerning an issue in dispute in the proceeding or involving the same
goods. III. The Performance of Duties by Candidates and Members A. A candidate who accepts an appointment as a
member shall be available to perform, and shall perform, a member's duties
thoroughly and expeditiously throughout the course of the proceeding. G. A member shall take all reasonable steps to ensure that the member's assistant and staff comply with Parts I, II and VI of this Code of Conduct. H. A member shall not engage in ex parte contacts concerning the proceeding. I. A candidate or member shall not communicate matters concerning actual or potential violations of this Code of Conduct unless the communication is to the Secretariat or is necessary to ascertain whether that candidate or member has violated or may violate the Code. IV. Independence and Impartiality of Members A. A member shall be independent and impartial. A member shall act in a fair manner and shall avoid creating an appearance of impropriety or an apprehension of bias. B. A member shall not be influenced by self-interest, outside pressure, political considerations, public clamor, loyalty to a Party or fear of criticism. C. A member shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the member's duties. D. A member shall not use the member's position on the panel or committee to advance any personal or private interests. A member shall avoid actions that may create the impression that others are in a special position to influence the member. A member shall make every effort to prevent or discourage others from representing themselves as being in such a position. E. A member shall not allow past or existing financial, business, professional, family or social relationships or responsibilities to influence the member's conduct or judgment. F. A member shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the member's impartiality or that might reasonably create an appearance of impropriety or an apprehension of bias. V. Duties in Certain Situations ….C. A former member shall avoid actions that may create the appearance that the member was biased in carrying out the member's duties or would benefit from the decision of the panel or committee. VI. Maintenance of Confidentiality A. A member or former member shall not at any time disclose or use any non-public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage or advantage for others or to affect adversely the interest of another. …. D. A member shall not disclose a panel report issued under Chapter 20 prior to its publication by the Commission. A member or former member shall not at any time disclose which members are associated with majority or minority opinions in a proceeding under Chapter 20. E. A member or former member shall not at any time disclose the deliberations of a panel or committee, or any member's view, except as required by law. VII. Responsibilities of Assistants and Staff Parts I (Responsibilities to the Process), II (Disclosure Obligations) and VI (Maintenance of Confidentiality) of this Code of Conduct apply also to assistants and staff. Model Rules of Procedure for Ch. 20 35. The Parties shall maintain the confidentiality of the panel's hearings, deliberations and initial report, and all written submissions to and communications with the panel, in accordance with such procedures as may be agreed from time to time between representatives of the Parties.9 42. The panel shall not select as a member of a scientific review board an individual who has, or whose employers, partners, business associates or family members have, a financial or personal interest in the proceeding. CENTRAL AMERICA-DOMINICAN REPUBLIC Article 16.10: Qualifications of Arbitrators 1. All arbitrators shall meet the following qualifications: ….
2. Persons may not serve as arbitrators in the same dispute in which they have participated pursuant to Article 16.07(4). Article 16.11: Establishment of an Arbitral Panel 3. If a disputing Party believes that an arbitrator is in violation of the Code of Conduct, the disputing Parties shall consult and if they agree, the arbitrator shall be removed and a new arbitrator shall be selected in accordance with this Article. Article 16.12: Rules of Procedure 1. The Commission shall establish Model Rules of Procedure based on the following principles: …
ARGENTINA-CHILE Second Additional Protocol Article 20 2. The Arbitration Tribunal's decision shall be adopted by majority vote, shall be reasoned, and endorsed by the President and other arbitrators. The members of the Tribunal may not reveal the basis of dissenting or separate votes and shall maintain the confidentiality of the voting. BOLIVIA - MEXICO Article 19-10: Model Rules of Procedure 1. The Commission shall establish Model Rules of Procedure based on the following principles: …
Article 19-13: Final Resolution 2. Neither the preliminary finding nor the final resolution shall disclose the identity of majority or minority panelists. CANADA-CHILE Article N-09: Roster 2. Roster members shall: …
Article N-10: Qualifications of Panelists 1. All panelists shall meet the qualifications set out in Article N-09(2). 2. Individuals may not serve as panelists for a dispute in which they have participated pursuant to Article N-07(5). Article N-11: Panel Selection 3. If a Party believes that a panelist is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article. Article N-12: Rules of Procedure 1. The Commission shall establish, by the date of entry into force of this Agreement, Model Rules of Procedure, in accordance with the following principles: …
Article N-14: Scientific Review Boards 2. The board shall be selected by the panel from among highly qualified, independent experts in the scientific matters, after consultations with the Parties and the scientific bodies set out in the Model Rules of Procedure established pursuant to Article N-12(1). Article N-16: Final Report 2. No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions. CHILE-MEXICO Free Trade Agreement Article 18-07: List of Arbitrators 2. The members of the list shall:
Article 18-08: Qualities of Arbitrators 1. All of the arbitrators shall meet the qualifications the qualifications set out in article 18-07(2). 2. Individuals may not serve as arbitrators for a dispute in which they have participated pursuant to article 18-05(4). Article 18-09: Establishment of the Arbitral Group 6 If a Party believes that an arbitrator is in violation of the code of conduct, the Parties shall consult and if they agree, the arbitrator shall be removed and a new arbitrator shall be selected in accordance with this article. Article 18-10: Model rules of procedure 1. The Commission shall establish, by October 1, 1998, at the latest, Model Rules of Procedure, in accordance with the following principles: …
Article 18-12: Scientific Review Boards 2. The board shall be selected by the arbitral group from among highly qualified, independent experts in the scientific matters, after consultations with the Parties and in accordance with the model rules of procedure. Article 18-14: Final Report 3. No panel may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions. COSTA RICA-MEXICO Article 17-08: Roster of Panelists 2. Roster members
Article 17-09: Qualifications of Arbitrators 1. All arbitrators shall meet the qualifications set out in Article 17-08(2). 2. Persons who have participated in a dispute pursuant to Article 17-06(4) may not serve as arbitrators in the same dispute. Article 17-10: Establishment of an Arbitral Tribunal 6. If a Party believes that an arbitrator is in violation of the code of conduct, the Parties shall consult, and if they agree, the arbitrator shall be removed and a new arbitrator shall be selected in accordance with this Article. Article 17-11: Rules of Procedure 1. The Commission shall establish Model Rules of
Procedure, in accordance with the following principles:
Article 17-14: Final Report 2. No arbitral tribunal may, either in its initial report or its final report, disclose which panelists are associated with majority or minority opinions. MEXICO-NICARAGUA Article 20-08: Roster of Arbitrators 2. Roster members
Article 20-09: Qualifications of Arbitrators 1. All arbitrators shall meet the qualifications set out in Article 20-08(4). 2. Persons who have participated in a dispute pursuant to Article 20-06(4) may not serve as arbitrators in the same dispute. Article 20-10: Establishment of an Arbitral Tribunal 6. If a Party believes that an arbitrator is in violation of the code of conduct, the Parties shall consult, and if they agree, the arbitrator shall be removed and a new arbitrator shall be selected in accordance with this Article. Article 20-11: Rules of Procedure 1. The Commission shall establish Model Rules of Procedure, in accordance with the following principles: …
Article 20-14: Final Report 2. No arbitral tribunal may, either in its initial
report or its final report, disclose which panelists are associated with
majority or minority opinions. Notes 1The Cartagena Ministerial Declaration, para. 9 (21 March 1996). 2 The Belo Horizonte Declaration, para. 8 and Annex II (16 May 1997). 3 Ministerial Declaration of San José, paras. 1, 8, and 11, and Annex II. The Heads of States and Government participating in the Second Summit of the Americas directed the initiation of negotiations for the FTAA in accordance with the Ministerial Declaration. Declaration of Santiago. 4 The OAS prepared for the FTAA Working Group on Investment an inventory of bilateral investment treaties and hemispheric trade agreements, which covers comprehensively the dispute settlement provisions specific to foreign investment. Organization of American States, Investment Agreements in the Western Hemisphere: A Compendium (1996), available at http://www.ftaa-alca.org/wgroups/wgin/english/bite1196.asp 5 The full texts of these agreements as are available to the OAS can be found at . The WTO Rules of Conduct can be found at http://www.wto.org/wto/dispute/rc.htm. The NAFTA Model Rules of Procedures and Rules of Conduct can be found at http://www.nafta-sec-alena.org/english/index.htm.6 This paragraph shall also be applied to disputes on which panel reports have not been adopted or fully implemented. 7 If a meeting of the DSB is not scheduled within this period at a time that enables the requirements of paragraphs 1 and 4 of Article 16 to be met, a meeting of the DSB shall be held for this purpose. 8 Under an exchange of letters entered into in 1995, the parties agreed, inter alia, that a party (1) may make its own or any other party’s submission available to the public at any time, provided that confidential information has been redacted beforehand; (2) may make the hearing transcript available 15 days after the final report of the panel is published under Article 2017(5); and (3) may disclose to other persons such information in connection with panel proceedings as it considers necessary for the preparation of its case, but it must ensure that those persons maintain the confidentiality of the information. 9 Under an exchange of letters entered into in 1995, the parties agreed, inter alia, that a party (1) may make its own or any other party’s submission available to the public at any time, provided that confidential information has been redacted beforehand; (2) may make the hearing transcript available 15 days after the final report of the panel is published under Article 2017(5); and (3) may disclose to other persons such information in connection with panel proceedings as it considers necessary for the preparation of its case, but it must ensure that those persons maintain the confidentiality of the information. |
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