Rules 1-5

Application

1. These rules are established under Article 2012(1) and shall apply to dispute settlement proceedings under Chapter Twenty unless the disputing Parties otherwise agree.

Definitions

2. In these rules:

adviser means a person retained by a Party to advise or assist the Party in connection with the panel proceeding;

Agreement means the North American Free Trade Agreement;

complaining Party means any Party that requests the establishment of an arbitral panel under Article 2008(1) or any Party that joins a panel proceeding under Article 2008(3);

disputing Parties means the complaining Party or Parties, and the Party complained against;

legal holiday, with respect to a Party's section of the Secretariat, means every Saturday and Sunday and any other day designated by that Party as a holiday for the purposes of these rules and notified by that Party to its section of the Secretariat and by that section to the other sections of the Secretariat and the other Parties;

panel means a panel established under Article 2008(2);

participating Parties means the disputing Parties and a third Party;

Party means a Party to the Agreement;

representative of a participating Party means an employee of a government department or agency or of any other government entity of a participating Party;

responsible section of the Secretariat means the section of the Secretariat of the Party complained against;

Secretariat means the Secretariat established under Article 2002(1); and

third Party means a Party, other than a disputing Party, that delivers a written notice in accordance with Article 2013.

3. Any reference made in these rules to an Article, Annex or Chapter is a reference to the appropriate Article, Annex or Chapter of the Agreement.

Terms of Reference

4. The disputing Parties shall promptly deliver any agreed terms of reference to the responsible section of the Secretariat which, in turn, shall provide for their delivery to any third Party, to the other sections of the Secretariat, and to the panel on selection of the last panelist, by the most expeditious means practicable.

5. If the disputing Parties have not agreed on terms of reference after 20 days of the request for the establishment of the panel, the complaining Party may so notify the responsible section of the Secretariat. On receipt of such notification, that section shall deliver the terms of reference set out in Article 2012(3) to the participating Parties, to the other sections of the Secretariat, and to the panel on selection of the last panelist, by the most expeditious means practicable.