Dispute avoidance and settlement

The IC was in the process of creating an IC Sub-group on Dispute Avoidance and Settlement (DAS) to oversee Dispute Avoidance and Settlement activities. For more information on the proposed IC Sub-group on DAS, please visit the IC Sub-group on Dispute Avoidance and Settlement page. However after a prolonged call for experts, insufficient nominations were received. The CPM Bureau at their June 2019 meeting requested the IPPC Secretariat to develop a paper for the October 2019 SPG meeting, outlining the issues. After reviewing the issues and discussing options for the next steps, the SPG recommended, and the IC in November 2019 agreed, to put this work on hold.

HISTORY

The 12th Commission on Phytosanitary Measures in 2017 dissolved the Subsidiary Body on Dispute Settlement (SBDS) and the functions and procedures of this body were transferred to the Implementation and Capacity Development Committee (IC). The SBDS had originally been established by the Interim Commission on Phytosanitary Measures in 2005 .

The IC approved a Terms of Reference for the functions of this subgroup which are posted on the IC Sub-group on DAS webpage (see above).

The previous functions of the SBDS were to:

• provides guidance to the Secretariat and disputing parties in selecting dispute resolution methods, and may help with consultation, good offices, mediation or arbitration
• proposes nominations for independent experts in IPPC Expert Committee procedures where disputing parties cannot agree on experts proposed by the Secretariat
  approves reports of Expert Committees, including verification of all points in Expert Committee procedures
• undertakes other functions, including i) helping the Secretariat with requests from WTO or other organizations, ii) reporting on IPPC dispute settlement activities as well as dispute settlement activities by other organizations that have implications for the phytosanitary community, and iii) identifying appropriate experts

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