Justice O'Connor to Serve on NAFTA ECC Panels

June 5, 2007

The Office of the United States Trade Representative has announced that retired U.S. Supreme Court Justice Sandra Day O’Connor has agreed to serve on the roster of panelists available for Extraordinary Challenge Committee proceedings under NAFTA Chapter 19.

Chapter 19 provides for the resolution of disputes involving antidumping and countervailing duty proceedings in binational panels rather than through domestic litigation.  In the U.S., these cases would otherwise be heard by the U.S. Court of International Trade.  Binational panels are required to apply the national law of the NAFTA party making the challenged determination.  Panelists are selected by the parties to the dispute.

After the panel renders a decision, one of the governments involved may request review by an Extraordinary Challenge Committee consisting of three judges or retired judges from the countries involved.  The ECC may vacate or remand the panel decision only if it finds the panel made certain specified errors including improperly applying the standard of review applicable in the country of the determination.