Organisation for Economic Co-operation and Development
28 February 1997
Organisation de Coopération et de Développement Economiques
Negotiating Group on the Multilateral Agreement on Investment (MAI)
Informal Consultations on Dispute Settlement
DISPUTE SETTLEMENT: DRAFT TEXT
This document was issued during the MAI negotiations which took place between 1995 and 1998.
All available documentation can be found on the OECD website: www.oecd.org/daf/investment
The rules and procedures set out in Articles A-C shall apply to the avoidance of conflicts and the
resolution of disputes between Contracting Parties regarding the interpretation or application of the
Agreement unless the disputing parties agree to apply other rules or procedures. However, the disputing
parties may not depart from any obligation regarding notification of the Parties Group and the right of
Parties to present views, under Article B, paragraphs 1.a and 4.c, and Article C, paragraphs 1.a, 4, and 6.e.
Contracting Parties and other participants in proceedings shall protect any confidential or
proprietary information which may be revealed in the course of proceedings under Articles B and C and
which is designated as such by the Party providing the information. Contracting Parties and other
participants in the proceedings may not reveal such information without written authorisation from the
Party which provided it.
[REIO text being developed for possible inclusion]
Consultation, Conciliation And Mediation
a. One or more Contracting Parties may request any other Contracting Party to enter into
consultations regarding any dispute between them about the interpretation or application of
the Agreement. The request shall be submitted in writing and shall provide sufficient
information to understand the basis for the request, including identification of the measures at
issue. The requested Party shall promptly enter into consultations.