Organization Profile - North American Free Trade Agreement - Chapter 19 - Dispute Settlement Panel - Roster of Candidates

North American Free Trade Agreement - Chapter 19 - Dispute Settlement Panel - Roster of Candidates

Appointment Provisions

The candidates named in the panel roster are selected to be on the roster during good behaviour for a period of two years. Each Party shall select at least twenty-five candidates, and all candidates shall be citizens of Canada, Mexico or the United States of America. Candidates shall be of good character, high standing and repute, and shall be chosen strictly on the basis of objectivity, reliability, sound judgment, and familiarity with international trade law. Candidates shall not be affiliated with either Party and in no event shall a candidate take instructions from either Party. Judges shall not be considered to be affiliated with either Party. The Parties shall maintain the roster and may amend it, when necessary, after consultations. A majority of the panelists on each panel shall be lawyers in good standing. Within 30 days of a request for a panel, each Party shall appoint two panelists, in consultation with the other Party. The Parties normally shall appoint panelists from the roster. A candidate shall be selected from the panel roster by a board that is chaired by the Minister of International Trade and consists of the Minister of Finance and such other ministers of the Queen's Privy Council for Canada as may be designated from time to time by the Prime Minister. If a panelist is not selected from the roster, the panelist shall be chosen in accordance with and subject to the same selection criteria as for the candidates from the roster. Each Party shall have the right to exercise four peremptory challenges, to be exercised simultaneously and in confidence, disqualifying from appointment to the panel up to four candidates proposed by the other Party. Within 55 days of the request for a panel, the Parties shall agree on the selection of a fifth panelist. Upon appointment of the fifth panelist, the panelists shall promptly appoint a Chairman from among the lawyers on the panel by majority vote of the panelists. If there is no majority vote, the Chairman shall be appointed by lot from among lawyers on the panel.


Decisions of the panel shall be by majority vote and be based upon the votes of all members of the panel.



  • Fixed by Organization


There are no current appointments to this organization.