DISPUTE MEDIATION 2000 COLLECTIVE ACTION PLAN
Action / Steps to Implement / Time Frame(a) Regarding disputes between APEC economies:
(i) promote dialogue and increased understanding, including exchange of views on any matter that may lead to a dispute, and cooperatively examine on a voluntary basis disputes that arise, utilizing policy dialogue such as the “Trade Policy Dialogue” of CTI. / At their 1999 meeting, Experts again noted that the trade policy dialogue (TPD) was available to member economies that wished to take advantage of its informal, off-the-record, non-adversarial procedures to exchange views on particular disputes or issues that may lead to disputes, where they considered it appropriate to do so. However, no specific proposals for such discussion had been received. / Experts observed that the DSU review is well underway in Geneva and noted that any attempt by DMEG to insert itself into this process at this late stage would not be desirable or constructive. Instead, Experts preferred to await the outcome of the DSU and have a WTO expert attend a future DMEG meeting to explain the results of the DSU review.
(ii) give further consideration as to how the above Trade Policy Dialogue or similar functions of other fora may be used by APEC economies for the exchange of information, enhanced dialogue and mediation / Experts acknowledged the important contribution already being made to dispute avoidance by the TPD through transparency and exchange of information. Experts agreed that the TPD could provide an appropriate forum to promote liberalization and commonality in regulation among APEC economies by review of Individual Action Plans.
Experts considered that including hyperlinks to web sites of related fora in the electronic version of the Guide to Arbitration and Dispute Resolution in APEC Member Economies could enhance exchange of information and promote dialogue. / Review of Individual Action Plans is ongoing.
To be reviewed in conjunction with future update of the Guide to Arbitration and Dispute Resolution in APEC Member Economies.
(iii) examine the possible future evolution of procedures for the resolution of disputes as the APEC liberalization and facilitation process develops / Experts will continue consideration at future meetings of government-to-government dispute mediation in keeping with the evolution of APEC's work on trade and investment liberalization and facilitation. / Ongoing
(iv) organize information seminars on the WTO Dispute Settlement Understanding / Experts noted that as with any dispute settlement mechanism, WTO dispute settlement presented a number of challenges: in the management of disputes, in the management of financial and human resources, and in the implementation of recommendations adopted by the Dispute Settlement Body of the WTO. Experts recognized the need of member economies, and in particular developing member economies, to acquire additional expertise in the law and practice of the WTO and reaffirmed the role that the DMEG could play in providing an opportunity to exchange experiences and to foster the development of such expertise.
Following the success of the 1999 Advanced Seminar on the WTO Dispute Settlement Understanding organized by Canada and Mexico, Experts determined that future seminars on WTO law and practice would be highly valuable for DMEG member economies in advancing the objectives of the DMEG, including addressing the special needs of developing member economies. / Experts agreed that the two seminars organized so far by the DMEG on the WTO have been highly informative. Experts considered that additional training on WTO law and practice would be highly beneficial, in particular to developing member economies. The Chair requested Experts to submit proposals for seminars as soon as possible so that project proposals could be approved and then submitted to BMC for funding.
No proposals have been submitted by Experts thus far.
(b)Regarding disputes between private parties, and between private parties and APEC economies:
(i) provide CTI with a listing of arbitration, mediation, and conciliation services available to private entities or other APEC economies, including a description of any such service which might provide a useful model for private-to-government dispute resolution in the Asia-Pacific region, and make such information widely available to the business/private sector in the Asia-Pacific region / Experts noted the successful publication of the Guide to Arbitration and Dispute Resolution in APEC Member Economies in November 1997. The guidecontains information from member economies on laws, regulations, administrative practices and policies on dispute resolution. Experts determined that it would be useful to prepare a revised guide containing updated information on laws and regulations from all member economies including the three new ones.
Experts expect that the revised guide will be as popular as the first edition in 1997, of which some 850 copies were distributed to public and private interests.
Recognizing that it would be important to maintain an up-to-date compilation of the material contained in the guide and bearing in mind that member economies will change their laws and regulations from time to time, Experts had decided to develop an electronic version of the guide to be uploaded on the APEC web site. This medium would also ensure broad access to the information. / Following receipt of funding from the BAC in July 1998, a consultant gathered data submitted by member economies and compiled the revised guide. The revised guide was launched at the in April 1999 meeting of DMEG. It contains a contribution from every member economy including the three new ones.
The electronic version of the revised guide was uploaded on the APEC web site in April 1999. Enhancements, including establishment of hot links to relevant sites in member economies, will be effected later if agreed by CTI.
(ii) accede, where appropriate, by 1997 to international agreements for the settlement of disputes between governments and private entities such as the Convention on the Settlement of Investment Disputes between States and Nationals of Other States and to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) / Experts conducted a review of Individual Action Plans in respect of accession of member economies to ICSID and the New York Convention, where appropriate. Experts expressed satisfaction with the fact that most member economies are parties to ICSID, and almost all, including all three new member economies, have already implemented the New York Convention. / Ongoing
(iii) organize information seminars on private dispute mediation and settlement / In 1998 Thailand organized the highly successful Symposium on Alternative Mechanisms for the Settlement of Transnational Commercial Disputes, held in Bangkok on April 27-28 under the auspices of the DMEG. Experts agreed that the substance of the program was particularly well-suited to the objectives of DMEG and fully advanced those objectives.
The proceedings of the Symposium were published in August 1998 and subsequently distributed to DMEG Experts with an encouragement that DMEG ensured a wide dissemination of the proceedings, both in the public and business/private sectors.
Experts reaffirmed their view that broader awareness of procedures for settlement of private-to-private disputes, through education and technical assistance as well as dissemination of information, was of essential value to member economies. / Experts agreed on the need for further seminars on private dispute resolution. The Chair invited submission of proposals to be considered by the Group. None have been received to date.
(c) Transparency on an APEC-wide basis:
(i) prompt, transparent and readily accessible laws and regulations / Experts reaffirmed the importance of greater transparency of all laws and regulations. In particular, Experts noted the new media, such as the internet, for achieving the transparency and confidence-building objectives of the DMEG and encouraged member economies to make use of such new media. / At the 1999 DMEG meeting, a number of economies provided Experts with URLs or other appropriate electronic addresses for easy and direct access to laws, regulations and other information on the internet on an on-going basis. These URLs will be listed on the APEC web site in the very near future.
(ii) designating a central contact point / At their 1997 Singapore meeting, Member economies had been invited to submit further ideas on contact points and other information with a view to providing a basis for further discussion of transparency and dispute avoidance at the next meeting of the DMEG. No such ideas were submitted to the Chair prior to the 1998 meeting. / Ongoing
(d)Further discussions on the WTO Dispute Settlement Understanding / Experts from economies that have had experience with the WTO dispute settlement process exchanged their experiences with other Experts at the 1999 DMEG meeting. Experts observed that APEC member economies have been very active in their use of the WTO dispute settlement mechanism and that the WTO dispute settlement mechanism is operating effectively. Experts viewed that such exchanges were very valuable, especially for DMEG Experts who have no WTO experience. / Ongoing
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