Subcommittee on Dispute Avoidance and Resolution

Subcommittee on Dispute Avoidance and Resolution

Established: 20 October 2017
Coordinators: Cezary Krysiak (Poland)
George Omondi Obell (Kenya)

Participants in the Subcommittee:

Rajat Bansal (India)
William Babatunde Fowler (Nigeria)
Mitsuhiro Honda (Japan)
Dang Ngoc Minh (Viet Nam)
Marlene Patricia Nembhard-Parker (Jamaica)
Jorge Antonio Deher Rachid (Brazil)
Aart Roelofsen (the Netherlands)
Stephanie Lynn Smith (Canada)
Jose Ignacio Troya Gonzalez (Ecuador)
Ingela Willfors (Sweden)
Yan Xiong (China)
Sing Yuan Yong (Singapore)

Hugh Ault (Academic/Consultant)
Susana Bokobo (Business)
Jan P de Goede (Academic/NGO)
Marlies de Ruiter (Business)
Carol A Dunahoo (Business)
Femi E. Edgal (Nigeria)
Arno Gildemeister (Business)
Sriram Pankajakshan Govind (Academic)
Jose Emilio Herrera Flores (Ecuador)
Alejandro Juárez (International Organization/CIAT)
Sharon Katz-Pearlman (Business)
Sandra Knaepen (International Organization/OECD)
Jan Loeprick (International Organization/WBG)
Cym Lowell (Business)
Eric Nii Yarboi Mensah (Ghana)
Jeffrey Owens (Academic)
Claudia Pimentel da Silva (Brazil)
Norbert Roller (International Organization/WBG)
Bill Sample (Business)
Trude Steinnes Sønvisen (Norway)
Ria Sotiropoulos (Business)
Richard Stern (Business)
John Stokes (UK)
Wenwen Tang (China)
Laura Ioana Turcan (Austria)
Edson Uribe (Mexico)
Christophe Waerzeggers (International Organization/IMF)
Monica Walker (Jamaica)

Mandate

The Subcommittee should consider and report back to the Committee on possible means of dispute avoidance and resolution, on both the domestic and international level. In particular, the Subcommittee will consider the Mutual Agreement Procedure, with a view to improving its effectiveness, building on the work done by the previous subcommittee. Particular attention will be paid to:

  • Mechanisms to avoid and resolve disputes arising at the domestic level;
  • Ways to ensure that the MAP procedure under Article 25 (in either of its alternatives in the UN Model) functions as effectively and efficiently as possible; and
  • Issues associated with arbitration clauses and other means as options to supplement MAP.

Following work on these areas, the Subcommittee will produce the following outcomes:

  • A draft UN Handbook on Dispute Resolution and Avoidance;
  • A draft updated text of the UN Guide to MAP;
  • Drafts of possible changes to the UN Model Convention and/or Commentaries, as appropriate.

The Subcommittee is to focus especially on issues affecting developing economies, possible means of addressing them in a practical manner, and ways to build confidence in dealing with them. It will provide recommendations to the Committee within its agreed mandate, on improvements, if any, for inclusion in the next version of the UN Model. The Subcommittee should work on the UN Handbook on Dispute Resolution and Avoidance and an update to the Guide to MAP as a priority.