Definitions back to top
1. In these Working Procedures for Appellate Review,
“appellant”
means any party to the dispute that has filed a Notice of Appeal
pursuant to Rule 20;
“appellate report”
means an Appellate Body report as described in
Article 17 of the DSU;
“appellee”
means any party to the dispute that has filed a submission pursuant to
Rule 22 or paragraph 4 of Rule 23;
“consensus”
a decision is deemed to be made by consensus if no Member formally
objects to it;
“covered agreements”
has the same meaning as “covered agreements” in paragraph 1 of Article 1 of the
DSU;
“division”
means the three Members who are selected to serve on any one appeal in
accordance with paragraph 1 of
Article 17 of the DSU and paragraph 2 of Rule 6;
“documents”
means the Notice of Appeal, any Notice of Other Appeal and the
submissions and other written statements presented by the participants
or third participants;
“DSB”
means the Dispute Settlement Body established under
Article 2 of the
DSU;
“DSU”
means the Understanding on Rules and Procedures Governing the
Settlement of Disputes which is Annex 2 to the WTO Agreement;
“Member”
means a Member of the Appellate Body who has been appointed by the DSB
in accordance with Article 17 of
the DSU;
“other appellant”
means any party to the dispute that has filed a Notice of Other Appeal
pursuant to paragraph 1 of Rule 23;
“participant”
means any party to the dispute that has filed a Notice of Appeal
pursuant to Rule 20, a Notice of Other Appeal pursuant to
Rule 23 or a submission pursuant to
Rule 22 or paragraph 4 of Rule 23;
“party to the dispute”
means any WTO Member who was a complaining or defending party in the
panel dispute, but does not include a third party;
“proof of service”
means a letter or other written acknowledgement that a document has
been delivered, as required, to the parties to the dispute,
participants, third parties or third participants, as the case may be;
“Rules”
means these Working Procedures for Appellate Review;
“Rules of Conduct”
means the Rules of Conduct for the Understanding on Rules and
Procedures Governing the Settlement of Disputes as attached in
Annex
II to these Rules;
“SCM Agreement”
means the Agreement on Subsidies and Countervailing Measures which is
in Annex 1A to the WTO Agreement;
“Secretariat”
means the Appellate Body Secretariat;
“service address”
means the address of the party to the dispute, participant, third
party or third participant as generally used in WTO dispute settlement
proceedings, unless the party to the dispute, participant, third party
or third participant has clearly indicated another address;
“third participant”
means any third party that has filed a written submission pursuant to
Rule 24(1); or any third party that appears at the oral hearing,
whether or not it makes an oral statement at that hearing;
“third party”
means any WTO Member who has notified the DSB of its substantial
interest in the matter before the panel pursuant to paragraph 2 of Article 10 of the
DSU;
“WTO”
means the World Trade Organization;
“WTO Agreement”
means the
Marrakesh Agreement Establishing the
World Trade Organization, done at Marrakesh, Morocco on 15
April 1994;
“WTO Member”
means any State or separate customs territory
possessing full autonomy in the conduct of its external
commercial relations that has accepted or acceded to the WTO
in accordance with Articles XI,
XII or
XIV of the WTO
Agreement; and
“WTO Secretariat”
means the Secretariat of the World Trade Organization.
Part I back to top
Members
Duties and Responsibilities back to top
2. (1) A Member shall abide by the terms and conditions of the DSU, these
Rules and any decisions of the DSB affecting the Appellate Body.
(2)
During his/her term, a Member shall not accept any employment nor
pursue any professional activity that is inconsistent with his/her
duties and responsibilities.
(3)
A Member shall exercise his/her office without accepting or seeking
instructions from any international, governmental, or non-governmental
organization or any private source.
(4)
A Member shall be available at all times and on short notice and, to
this end, shall keep the Secretariat informed of his/her whereabouts
at all times.
Decision-Making back to top
3. (1) In accordance with paragraph 1 of
Article 17 of the DSU, decisions relating to an appeal shall
be taken solely by the division assigned to that appeal. Other
decisions shall be taken by the Appellate Body as a whole.
(2) The Appellate Body and its divisions
shall make every effort to take their decisions by consensus.
Where, nevertheless, a decision cannot be arrived at by
consensus, the matter at issue shall be decided by a majority
vote.
Collegiality back to top
4. (1) To ensure consistency and coherence
in decision-making, and to draw on the individual and
collective expertise of the Members, the Members shall convene
on a regular basis to discuss matters of policy, practice and
procedure.
(2) The Members shall stay abreast of
dispute settlement activities and other relevant activities of
the WTO and, in particular, each Member shall receive all
documents filed in an appeal.
(3) In accordance with the objectives set
out in paragraph 1, the division responsible for deciding each
appeal shall exchange views with the other Members before the
division finalizes the appellate report for circulation to the
WTO Members. This paragraph is subject to paragraphs 2 and 3
of Rule 11.
(4) Nothing in these Rules shall be
interpreted as interfering with a division's full authority
and freedom to hear and decide an appeal assigned to it in
accordance with paragraph 1 of Article 17 of the
DSU.
Chairman back to top
5. (1) There shall be a Chairman of the
Appellate Body who shall be elected by the Members.
(2) The term of office of
the Chairman of the Appellate Body shall be one year. The
Appellate Body Members may decide to extend the term of office
for an additional period of up to one year. However, in order
to ensure rotation of the Chairmanship, no Member shall serve
as Chairman for more than two consecutive terms.
(3) The Chairman shall be responsible for
the overall direction of the Appellate Body business, and in
particular, his/her responsibilities shall include:
-
(a) the supervision of the internal
functioning of the Appellate Body; and
(b) any such other duties as the Members
may agree to entrust to him/her.
(4) Where the office of the Chairman
becomes vacant due to permanent incapacity as a result of
illness or death or by resignation or expiration of his/her
term, the Members shall elect a new Chairman who shall serve a
full term in accordance with paragraph 2.
(5) In the event of a temporary absence or
incapacity of the Chairman, the Appellate Body shall authorize
another Member to act as Chairman ad interim, and the
Member so authorized shall temporarily exercise all the
powers, duties and functions of the Chairman until the
Chairman is capable of resuming his/her functions.
Divisions back to top
6. (1) In accordance with paragraph 1 of
Article 17 of the DSU, a division consisting of three Members
shall be established to hear and decide an appeal.
(2) The Members constituting a division
shall be selected on the basis of rotation, while taking into
account the principles of random selection, unpredictability
and opportunity for all Members to serve regardless of their
national origin.
(3) A Member selected pursuant to paragraph
2 to serve on a division shall serve on that division, unless:
-
(a) he/she is excused from that division
pursuant to Rule 9 or 10;
(b) he/she has notified the Chairman
and the Presiding Member that he/she is prevented from
serving on the division because of illness or other
serious reasons pursuant to Rule 12; or
(c) he/she has notified his/her
intentions to resign pursuant to Rule 14.
Presiding Member of the Division back to top
7. (1) Each division shall have a Presiding
Member, who shall be elected by the Members of that division.
(2) The responsibilities of the Presiding
Member shall include:
-
(a) coordinating the overall conduct of the
appeal proceeding;
(b) chairing all oral hearings and meetings
related to that appeal; and
(c) coordinating the drafting of the
appellate report.
(3) In the event that a Presiding Member
becomes incapable of performing his/her duties, the other
Members serving on that division and the Member selected as a
replacement pursuant to Rule 13 shall elect one of their
number to act as the Presiding Member.
Rules of Conduct back to top
8. (1) On a provisional basis, the
Appellate Body adopts those provisions of the Rules of
Conduct for the Understanding on Rules and Procedures
Governing the Settlement of Disputes, attached in Annex II
to these Rules, which are applicable to it, until Rules of
Conduct are approved by the DSB.
(2) Upon approval of Rules of Conduct
by the DSB, such Rules of Conduct shall be directly
incorporated and become part of these Rules and shall
supersede Annex II.
9. (1) Upon the filing of a Notice of
Appeal, each Member shall take the steps set out in
Article VI:4(b)(i) of Annex II, and a Member may
consult with the other Members prior to completing the
disclosure form.
(2) Upon the filing of a Notice of Appeal,
the professional staff of the Secretariat assigned to that
appeal shall take the steps set out in Article VI:4(b)(ii) of
Annex II.
(3) Where information has been submitted
pursuant to Article VI:4(b)(i) or (ii) of Annex II, the
Appellate Body shall consider whether further action is
necessary.
(4) As a result of the Appellate Body's
consideration of the matter pursuant to paragraph 3, the
Member or the professional staff member concerned may continue
to be assigned to the division or may be excused from the
division.
10. (1) Where evidence of a material
violation is filed by a participant pursuant to
Article VIII of Annex II, such evidence shall be
confidential and shall be supported by affidavits made by
persons having actual knowledge or a reasonable belief as to
the truth of the facts stated.
(2) Any evidence filed pursuant to Article
VIII:1 of Annex II shall be filed at the earliest practicable
time: that is, forthwith after the participant submitting it
knew or reasonably could have known of the facts supporting
it. In no case shall such evidence be filed after the
appellate report is circulated to the WTO Members.
(3) Where a participant fails to submit
such evidence at the earliest practicable time, it shall file
an explanation in writing of the reasons why it did not do so
earlier, and the Appellate Body may decide to consider or not
to consider such evidence, as appropriate.
(4) While taking fully into account
paragraph 5 of Article 17 of the DSU, where evidence
has been filed pursuant to Article VIII of Annex II, an appeal
shall be suspended for fifteen days or until the procedure
referred to in Article VIII:14-16 of Annex II is completed,
whichever is earlier.
(5) As a result of the procedure referred
to in Article VIII:14-16 of Annex II, the Appellate Body may
decide to dismiss the allegation, to excuse the Member or
professional staff member concerned from being assigned to the
division or make such other order as it deems necessary in
accordance with Article VIII of Annex II.
11. (1) A Member who has submitted a
disclosure form with information attached pursuant to Article
VI:4(b)(i) or is the subject of evidence of a material
violation pursuant to Article VIII:1 of Annex
II, shall not
participate in any decision taken pursuant to
paragraph 4 of
Rule 9 or paragraph 5 of Rule 10.
(2) A Member who
is excused from a division pursuant to paragraph 4 of
Rule 9 or paragraph 5 of Rule 10 shall not take part in the exchange of views
conducted in that appeal pursuant to paragraph 3 of Rule 4.
(3) A Member who, had he/she been a Member
of a division, would have been excused from that division
pursuant to paragraph 4 of Rule 9, shall not take part in the
exchange of views conducted in that appeal pursuant to
paragraph 3 of Rule 4.
Incapacity back to top
12. (1) A Member who is prevented from
serving on a division by illness or for other serious reasons
shall give notice and duly explain such reasons to the
Chairman and to the Presiding Member.
(2) Upon receiving such notice, the
Chairman and the Presiding Member shall forthwith inform the
Appellate Body.
Replacement back to top
13. Where a Member is unable to serve on a
division for a reason set out in paragraph 3 of Rule 6,
another Member shall be selected forthwith pursuant to
paragraph 2 of Rule 6 to replace the Member originally
selected for that division.
Resignation back to top
14. (1) A Member who intends to resign from
his/her office shall notify his/her intentions in writing to
the Chairman of the Appellate Body who shall immediately
inform the Chairman of the DSB, the Director-General and the
other Members of the Appellate Body.
(2) The resignation shall take effect 90
days after the notification has been made pursuant to
paragraph 1, unless the DSB, in consultation with the
Appellate Body, decides otherwise.
Transition back to top
15. A person who ceases to be a Member of the Appellate Body may,
with the authorization of the Appellate Body and upon notification to
the DSB, complete the disposition of any appeal to which that person
was assigned while a Member, and that person shall, for that purpose
only, be deemed to continue to be a Member of the Appellate Body.
Part II back to top
Process
General Provisions
16. (1) In the interests of fairness and orderly
procedure in the conduct of an appeal, where a procedural question
arises that is not covered by these Rules, a division may adopt an
appropriate procedure for the purposes of that appeal only, provided
that it is not inconsistent with the DSU, the other covered agreements
and these Rules. Where such a procedure is adopted, the division shall
immediately notify the parties to the dispute, participants, third
parties and third participants as well as the other Members of the
Appellate Body.
(2) In exceptional circumstances, where strict
adherence to a time-period set out in these Rules would result in a
manifest unfairness, a party to the dispute, a participant, a third
party or a third participant may request that a division modify a
time-period set out in these Rules for the filing of documents or the date
set out in the working schedule for the oral hearing. Where such a
request is granted by a division, any modification of time shall be
notified to the parties to the dispute, participants, third parties
and third participants in a revised working schedule.
17. (1) Unless the DSB decides otherwise, in
computing any time-period stipulated in the DSU or in the
special or additional provisions of the covered agreements, or in
these Rules, within which a communication must be made or an action
taken by a WTO Member to exercise or preserve its rights, the day from
which the time-period begins to run shall be excluded and, subject to
paragraph 2, the last day of the time-period shall be included.
(2) The DSB Decision on “Expiration of Time-Periods
in the DSU”, WT/DSB/M/7,
shall apply to appeals heard by divisions of the Appellate Body.
Documents back to top
18. (1) No document is considered filed with the
Appellate Body unless the document is received by the Secretariat
within the time-period set out for filing in accordance with these
Rules.
Official versions of documents shall be submitted in
paper form to the Appellate Body Secretariat by 17:00 Geneva time on
the day that the document is due. Participants, parties, third
participants and third parties shall, by the same deadline, also
provide to the Appellate Body Secretariat an electronic copy of each
document. Such electronic copy may be sent via electronic mail to the
Appellate Body Secretariat’s electronic mail address, or brought to
the Appellate Body Secretariat on a data storage device such as a
CD-ROM or USB flash drive.
(2) Except as otherwise provided in these Rules, every
document filed by a party to the dispute, a participant, a third party
or a third participant shall on the same day be served on each of the other parties to
the dispute, participants, third parties and third participants in the
appeal, in accordance with paragraph (4).
(3) A proof of service on the other parties to the
dispute, participants, third parties and third participants shall
appear on, or be affixed to, each document filed with the Secretariat
under paragraph 1 above.
(4) A document shall be served
by the most expeditious means of delivery or communication available,
including by:
-
(a) delivering a copy of the document to the
service address of the party to the dispute, participant, third
party or third participant;
-
(b) sending a copy of the document to the service
address of the party to the dispute, participant, third party or
third participant by facsimile transmission, expedited delivery
courier or expedited mail service; or
-
Electronic copies of documents served shall also
be provided on the same day, either by electronic mail, or through
physical delivery of a data storage device containing an
electronic copy of the document.
(5) Upon authorization by the division, a participant
or a third participant may correct clerical errors in any of its
documents (including typographical mistakes, errors of grammar, or
words or numbers placed in the wrong order). The request to correct
clerical errors shall identify the specific errors to be corrected and
shall be filed with the Secretariat no later than 30 days after the
date of the filing of the Notice of Appeal. A copy of the request
shall be served upon the other parties to the dispute, participants,
third parties and third participants, each of whom shall be given an
opportunity to comment in writing on the request. The division shall
notify the parties to the dispute, participants, third parties and
third participants of its decision.
Ex Parte Communications back to top
19. (1) Neither a division nor any of its
Members shall meet with or contact one party to the dispute,
participant, third party or third participant in the absence of the
other parties to the dispute, participants, third parties and third
participants.
(2) No Member of the division may discuss any aspect
of the subject matter of an appeal with any party to the dispute,
participant, third party or third participant in the absence of the
other Members of the division.
(3) A Member who is not assigned to the division
hearing the appeal shall not discuss any aspect of the subject matter
of the appeal with any party to the dispute, participant, third party
or third participant.
Commencement of Appeal back to top
20. (1) An appeal shall be commenced by
notification in writing to the DSB in accordance with
paragraph 4 of
Article 16 of the DSU and simultaneous filing of a Notice of Appeal
with the Secretariat.
(2) A Notice of Appeal shall include the following
information:
-
(a) the title of the panel report under appeal;
-
(b) the name of the party to the dispute filing the
Notice of Appeal;
-
(c) the service address, telephone and
facsimile numbers of the party to the dispute; and
-
(d) a brief statement of the nature of the
appeal, including :
-
(i) identification of the alleged errors in the issues of law
covered in the panel report and legal interpretations developed by
the panel;
(ii) a list of the legal provision(s) of the covered agreements
that the panel is alleged to have erred in interpreting or
applying; and
(iii) without prejudice to the ability of the appellant to refer
to other paragraphs of the panel report in the context of its
appeal, an indicative list of the paragraphs of the panel report
containing the alleged errors.
Appellant's Submission back to top
21. (1) The appellant shall, on the same day as
the date of the filing of the Notice of Appeal, file with the
Secretariat a written submission prepared in accordance with
paragraph 2 and serve a copy of the submission on the other
parties to the dispute and third parties.
(2) A written submission referred to in paragraph 1
shall:
(a) be dated and signed by the appellant; and
(b) set out
-
(i) a precise statement of the grounds for
the appeal, including the specific allegations of errors in
the issues of law covered in the panel report and legal
interpretations developed by the panel, and the legal
arguments in support thereof;
(ii) a precise statement of the provisions
of the covered agreements and other legal sources relied on;
and
(iii) the nature of the decision or ruling sought.
Appellee's Submission back to top
22. (1) Any party to the dispute that wishes to
respond to allegations raised in an appellant's submission filed
pursuant to Rule 21 may, within 18 days after the date of the
filing of the Notice of Appeal, file with the Secretariat a written
submission prepared in accordance with paragraph 2 and serve a
copy of the submission on the appellant, other parties to the dispute
and third parties.
(2) A written submission referred to in paragraph 1
shall:
(a) be dated and signed by the appellee; and
(b) set out
(i) a precise statement of the grounds for
opposing the specific allegations of errors in the issues of
law covered in the panel report and legal interpretations
developed by the panel raised in the appellant's submission,
and the legal arguments in support thereof;
(ii) an acceptance of, or opposition to,
each ground set out in the appellant's submission;
(iii) a precise statement of the provisions
of the covered agreements and other legal sources relied on;
and
(iv) the nature of the decision or ruling
sought.
Multiple Appeals back to top
23. (1) Within 5 days after the date of the filing
of the Notice of Appeal, a party to the dispute other than the
original appellant may join in that appeal or appeal on the basis of
other alleged errors in the issues of law covered in the panel report
and legal interpretations developed by the panel. That party shall
notify the DSB in writing of its appeal and shall simultaneously file
a Notice of Other Appeal with the Secretariat.
(2) A Notice of Other Appeal shall include the
following information:
(a) the title of the panel report under appeal;
(b) the name of the party to the dispute filing the Notice of Other
Appeal;
(c) the service address, telephone and facsimile numbers of the party
to the dispute; and either
(i) a statement of the issues raised on appeal by
another participant with which the party joins; or
(ii) a brief statement of the nature of the other appeal, including:
(A) identification of the alleged errors in the issues
of law covered in the panel report and legal interpretations developed
by the panel;
(B) a list of the legal provision(s) of the covered agreements that
the panel is alleged to have erred in interpreting or applying; and
(C) without prejudice to the ability of the other appellant to refer
to other paragraphs of the panel report in the context of its appeal,
an indicative list of the paragraphs of the panel report containing
the alleged errors.
(3) The other appellant shall, within 5 days after
the date of the filing of the Notice of Appeal, file with the
Secretariat a written submission prepared in accordance with
paragraph 2 of Rule 21 and serve a copy of the submission on the other parties
to the dispute and third parties.
(4) The appellant, any appellee and any other party
to the dispute that wishes to respond to a submission filed pursuant
to paragraph 3 may file a written submission within 18 days after
the date of the filing of the Notice of Appeal, and any such
submission shall be in the format required by paragraph 2 of Rule 22.
(5) This Rule does not preclude a party to the
dispute which has not filed a submission under Rule 21 or a Notice of
Other Appeal under paragraph 1
of this Rule from exercising its right of appeal pursuant to paragraph 4 of Article 16 of the DSU.
(6) Where a party to the dispute which has not
filed a submission under Rule 21 or a Notice of Other Appeal
under paragraph 1 of this Rule
exercises its right to appeal as set out in paragraph 5, a single
division shall examine the appeals.
Amending Notices of Appeal back to top
23bis. (1)The division may authorize an
original appellant to amend a Notice of Appeal or an other appellant
to amend a Notice of Other Appeal.
(2) A request to amend a Notice of Appeal or a Notice of Other Appeal
shall be made as soon as possible in writing and shall state the
reason(s) for the request and identify precisely the specific
amendments that the appellant or other appellant wishes to make to the
Notice. A copy of the request shall be served on the other parties to
the dispute, participants, third participants and third parties, each
of whom shall be given an opportunity to comment in writing on the
request.
(3) In deciding whether to authorize, in full or in part, a request to
amend a Notice of Appeal or Notice of Other Appeal, the division shall
take into account:
(a) the requirement to circulate the appellate report
within the time-period set out in Article 17.5 of the DSU or, as
appropriate, Article 4.9 of the SCM Agreement; and,
(b) the interests of fairness and orderly procedure, including the
nature and extent of the proposed amendment, the timing of the request
to amend a Notice of Appeal or Notice of Other Appeal, any reasons
why the proposed amended Notice of Appeal or Notice of Other Appeal
was not or could not have been filed on its original date, and any
other considerations that may be appropriate.
(4) The division shall notify the parties to the
dispute, participants, third participants, and third parties of its
decision. In the event that the division authorizes an amendment to a
Notice of Appeal or a Notice of Other Appeal, it shall provide an
amended copy of the Notice to the DSB.
Third Participants back to top
24. (1) Any third party may file a written
submission containing the grounds and legal arguments in support of
its position. Such submission shall be filed within 21 days after the
date of the filing of the Notice of Appeal.
(2) A third party not filing a written submission
shall, within the same period of 21 days, notify the Secretariat in
writing if it intends to appear at the oral hearing, and, if so,
whether it intends to make an oral statement.
(3) Third participants are encouraged to file written submissions to
facilitate their positions being taken fully into account by the
division hearing the appeal and in order that participants and other
third participants will have notice of positions to be taken at the
oral hearing.
(4) Any third party that has neither filed a written submission
pursuant to paragraph 1, nor notified the Secretariat pursuant to
paragraph 2, may notify the Secretariat that it intends to appear at
the oral hearing, and may request to make an oral statement at the
hearing. Such notifications and requests should be notified to the
Secretariat in writing at the earliest opportunity.
Transmittal of Record back to top
25. (1) Upon the filing of a Notice of Appeal, the
Director-General of the WTO shall transmit forthwith to the Appellate
Body the complete record of the panel proceeding.
(2) The complete record of the panel proceeding
includes, but is not limited to:
(a) written submissions, rebuttal submissions,
and supporting evidence attached thereto by the parties to the
dispute and the third parties;
(b) written arguments submitted at the panel
meetings with the parties to the dispute and the third parties,
the recordings of such panel meetings, and any written answers to
questions posed at such panel meetings;
(c) the correspondence relating to the panel
dispute between the panel or the WTO Secretariat and the parties
to the dispute or the third parties; and
(d) any other documentation submitted to the
panel.
Working Schedule back to top
26. (1) Forthwith after the commencement of an
appeal, the division shall draw up an appropriate working schedule for
that appeal in accordance with the time-periods stipulated in these
Rules.
(2) The working schedule shall set forth precise
dates for the filing of documents and a timetable for the division's
work, including where possible, the date for the oral hearing.
(3) In accordance with paragraph 9 of Article 4 of
the DSU, in appeals of urgency, including those which concern
perishable goods, the Appellate Body shall make every effort to
accelerate the appellate proceedings to the greatest extent possible.
A division shall take this into account in drawing up its working
schedule for that appeal.
(4) The Secretariat shall serve forthwith a copy of
the working schedule on the appellant, the parties to the dispute and
any third parties.
Oral Hearing back to top
27. (1) A division shall hold an oral hearing,
which shall be held, as a general rule, between 30 and 45 days after the date of the
filing of a Notice of Appeal.
(2) Where possible in the working schedule or
otherwise at the earliest possible date, the Secretariat shall notify
all parties to the dispute, participants, third parties and third
participants of the date for the oral hearing.
(3) (a) Any third party that has filed a
submission pursuant to Rule 24(1), or has notified the Secretariat
pursuant to Rule 24(2) that it intends to appear at the oral hearing,
may appear at the oral hearing, make an oral statement at the hearing,
and respond to questions posed by the division.
-
(b) Any third party that has notified the Secretariat
pursuant to Rule 24(4) that it intends to appear at the oral hearing
may appear at the oral hearing.
-
(c) Any third party that has
made a request pursuant
to Rule 24(4) may, at the discretion of the division hearing the
appeal, taking into account the requirements of due process, make an
oral statement at the hearing, and respond to questions posed by the
division.
(4) The Presiding Member may set time-limits for oral
arguments.
Written Responses back to top
28. (1) At any time during the appellate
proceeding, including, in particular, during the oral hearing, the
division may address questions orally or in writing to, or request
additional memoranda from, any participant or third participant, and
specify the time-periods by which written responses or memoranda shall
be received.
(2) Any such questions, responses or memoranda
shall be made available to the other participants and third
participants in the appeal, who shall be given an opportunity to
respond.
(3) When the questions or requests for memoranda are
made prior to the oral hearing, then the questions or requests, as
well as the responses or memoranda, shall also be made available to
the third parties, who shall also be given an opportunity to respond.
Failure to Appear back to top
29. Where a participant fails to file a submission
within the required time-periods or fails to appear at the oral
hearing, the division shall, after hearing the views of the
participants, issue such order, including dismissal of the appeal, as
it deems appropriate.
Withdrawal of Appeal back to top
30. (1) At any time during an appeal, the appellant
may withdraw its appeal by notifying the Appellate Body, which shall
forthwith notify the DSB.
(2) Where a mutually agreed solution to a dispute
which is the subject of an appeal has been notified to the DSB
pursuant to paragraph 6 of Article 3 of the DSU, it shall be notified
to the Appellate Body.
Prohibited Subsidies back to top
31. (1) Subject to Article 4 of the SCM
Agreement, the general provisions of these Rules shall apply to
appeals relating to panel reports concerning prohibited subsidies
under Part II of that Agreement.
(2) The working schedule for an appeal involving
prohibited subsidies under Part II of the SCM Agreement shall
be as set out in Annex I to these Rules.
Entry into Force and Amendment back to top
32. (1) These Rules entered into force on 15
February 1996, and have subsequently been amended as indicated in Annex III.
(2) The Appellate Body may amend these Rules in
compliance with the procedures set forth in paragraph 9 of Article 17
of the DSU. The Appellate Body will announce the date on which
such amendments come into force. The document number for each revised
version of these Rules, and the date upon which each version entered
into force and succeeded the previous version, are indicated in Annex III.
(3) Whenever there is an amendment to the DSU or to the special or
additional rules and procedures of the covered agreements, the
Appellate Body shall examine whether amendments to these Rules are
necessary.
Annex I back to top
Timetable for Appeals (1)
|
|
General Appeals |
Prohibited Subsidies Appeals |
|
|
Day |
Day |
|
Notice of Appeal
(2) |
0 |
0 |
|
Appellant’s Submission
(3) |
0 |
0 |
|
Notice
of Other Appeal
(4) |
5 |
2 |
|
Other
Appellant’s
Submission
(5) |
5 |
2 |
|
Appellee’s Submission
(6) |
18 |
9 |
|
Third
Participant’s
Submission
(7) |
21 |
10 |
|
Third
Participant’s
Notification
(8) |
21 |
10 |
|
Oral Hearing
(9) |
30-45 |
15-23 |
|
Circulation of Appellate Report |
60-90
(10) |
30-60
(11) |
|
DSB Meeting for Adoption |
90-120
(12) |
50-80
(13) |
|
