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UA professor appointed to NAFTA arbitration panel

Trade relations between the United States and Mexico may improve, thanks to one UA law professor.

David Gantz was recently appointed to a conflict resolution panel to resolve a dispute over international truck trade -- only the third requested arbitration since the North American Free Trade Agreement was enacted six years ago.

"It all breaks down to one issue - whether NAFTA provisions concerning cross-border trucking have been properly implemented," Gantz said.

Trucks shipping goods across the Mexico-United States border must go through a three-step transfer before reaching their destinations. Vehicles must switch tractors and drivers at a station 12 miles from the border, then again after crossing.

The Mexican government initiated the request to allow one driver and tractor to travel directly into the other country.

Though economic penalties may arise from the situation, Gantz said he is optimistic about the process and believes it is an effective method of solving trade disputes.

"NAFTA allows for trade sanctions if parties don't resolve to the satisfaction of the governments," Gantz said. "But I'm sure the arbitrators and governments involved will do their best to make sure things are resolved."

The panel will consist of two Americans and two Mexicans and have a British moderator. Two other disputes have arisen in the past over NAFTA but were resolved with all five members being either American, Mexican or Canadian.

This is the first time a neutral moderator will be provided. A schedule has yet to be determined.

Gantz was appointed by the NAFTA secretariat in Washington, D.C. The secretariat helps to organize the schedule of meetings and is in charge of appointing the two American mediators.

Gantz has participated in other NAFTA arbitrations and specializes in the area of trade resolution and international trade and investment, he said.

He has been practicing law since 1967. He received his undergraduate degree from Harvard and his law degree from Stanford.

Gantz had a private practice in Washington and later served as a lawyer with the state department there. This is his seventh year at the University of Arizona.

Gantz said he was honored to be a part of the panel.

"These are important issues and I think this will be an interesting process. I'm looking forward to it," he said.

Other recent NAFTA arbitrations involved dairy products between the U.S. and Canada and brooms between the U.S. and Mexico.

The resolution in each case took between 12 and 18 months to reach, but Gantz said two cases are not enough to indicate how long this dispute will last.