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Investment Agreements in the Western Hemisphere: A Compendium

Trade and Integration Agreements


VII. Settlement of Disputes Between a Contracting Party and an Investor | C. Arbitral Procedure | 2. Consolidation

North American Free Trade Agreement (NAFTA)

In the case of more than one investor submitting claims arising out of the same event, the claims should be heard together by a Tribunal established under Article 1126 (Consolidation), unless the Tribunal finds that the interests of a disputing party would be prejudiced thereby. (Article 1117(3)).

A Tribunal established under Article 1126 (Consolidation) shall be established under the UNCITRAL Arbitration Rules and shall conduct its proceedings in accordance with those Rules, except as modified by this Section. (Article 1126(1)).

Where a Tribunal established under Article 1126 (Consolidation) is satisfied that claims have been submitted to arbitration under Article 1120 that have a question of law or fact in common, the Tribunal may, in the interests of fair and efficient resolution of the claims, and after hearing the disputing parties, by order: (a) assume jurisdiction over, and hear and determine together, all or part of the claims; or (b) assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the others. (Article 1126(2)).

A disputing party that seeks an order under paragraph 2 shall request the Secretary General [of ICSID] to establish a Tribunal and shall specify in the request: (a) the name of the disputing Party or disputing investors against which the order is sought; (b) the nature of the order sought; and (c) the grounds on which the order is sought. (Article 1126(3)).

Numerals 4 to 12 contain provisions related to the constitution of the Tribunal as well as to the procedure and timing to settle the dispute. (Article 1126).

Free Trade Agreement of the Group of Three among Mexico, Colombia, and Venezuela (Group of Three)

If a disputing party requests that claims arising out of the same event be accumulated, a Tribunal shall be established under the UNCITRAL Arbitration Rules and shall conduct its proceedings in accordance with those Rules, except as modified by this Section. The claims should be heard together, unless the Tribunal finds that the interests of a disputing party would be prejudiced thereby. (Article 17-19).

Where a Tribunal established under Article 17-19 (Consolidation) determines that claims have been submitted to arbitration under Article 17-17 that have a question of law or fact in common, the Tribunal may, in the interests of fair and efficient resolution of the claims, and after hearing the disputing parties, by order: (a) assume jurisdiction over, and hear and determine together, all or part of the claims; or (b) assume jurisdiction over, and hear and determine one or more of the claims, the determination of which it believes would assist in the resolution of the others. (Rule 6(1), Annex to Article 17-16).

A disputing party that seeks an order under paragraph 1 shall request the Secretary General [of ICSID] to establish a Tribunal and shall specify in the request: (a) the name of the disputing Party or disputing investors against which the order is sought; (b) the nature of the order sought; and (c) the grounds on which the order is sought. (Rule 6(2), Annex to Article 17-16).

Numerals 4 to 6 contain provisions related to the constitution of the Tribunal as well as to the procedure and timing to settle the dispute. (Rule 6, Annex to Article 17-16).

Common Market of the South (MERCOSUR)


Andean Pact


Caribbean Community and the Caribbean Common Market (CARICOM)


 
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