ECEs and Arbitral Panels
Evaluation Committees of Experts and Arbitral Panels
If a matter related to occupational safety and health or other technical labor standards (NAALC's Labor Principles 4-11) has not been resolved after ministerial consultations, any country may request the establishment of an independent Evaluation Committee of Experts (ECE). The ECE shall analyze, in the light of the objectives of the Agreement and in a non-adversarial manner, patterns of practice by each country in the enforcement of these labor standards. The ECE will present a final report to the Council. ECE's may not be convened to examine matters that are deemed not trade-related, not covered by mutually recognized labor laws, or related to the NAALC's Labor Principles 1 to 3.
If after consideration of a final ECE report a country believes that there is still a persistent pattern of failure by another country to effectively enforce its occupational safety and health, child labor, or minimum wage technical labor standards, it may request further consultation, and eventually, the establishment of an independent Arbitral Panel. Arbitral Panels consist of five members who examine effective enforcement of laws related to Labor Principles 5, 6 and 9. Based on the panel's final report and its recommendations, the disputing parties may agree on a mutually satisfactory action plan. Failure to implement the plan could result in fines or trade sanctions.