Members hereby agree as follows:
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Coverage
and Application
1.
The rules and procedures of this Understanding shall
apply to disputes brought pursuant to the consultation
and dispute settlement provisions of the agreements
listed in Appendix 1 to this Understanding (referred to
in this Understanding as the “covered
agreements”). The rules and procedures of this
Understanding shall also apply to consultations and the
settlement of disputes between Members concerning their
rights and obligations under the provisions of the
Agreement Establishing the World Trade Organization
(referred to in this Understanding as the “WTO
Agreement”) and of this Understanding taken in
isolation or in combination with any other covered
agreement.
2.
The rules and procedures of this Understanding shall
apply subject to such special or additional rules and
procedures on dispute settlement contained in the covered
agreements as are identified in Appendix 2 to this
Understanding. To the extent that there is a difference
between the rules and procedures of this Understanding
and the special or additional rules and procedures set
forth in Appendix 2, the special or additional rules and
procedures in Appendix 2 shall prevail. In disputes
involving rules and procedures under more than one
covered agreement, if there is a conflict between special
or additional rules and procedures of such agreements
under review, and where the parties to the dispute cannot
agree on rules and procedures within 20 days of the
establishment of the panel, the Chairman of the Dispute
Settlement Body provided for in paragraph 1 of Article 2
(referred to in this Understanding as the “DSB”), in consultation with the parties to the
dispute, shall determine the rules and procedures to be
followed within 10 days after a request by either Member.
The Chairman shall be guided by the principle that
special or additional rules and procedures should be used
where possible, and the rules and procedures set out in
this Understanding should be used to the extent necessary
to avoid conflict.
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Administration
1.
The Dispute Settlement Body is hereby established to
administer these rules and procedures and, except as
otherwise provided in a covered agreement, the
consultation and dispute settlement provisions of the
covered agreements. Accordingly, the DSB shall have the
authority to establish panels, adopt panel and Appellate
Body reports, maintain surveillance of implementation of
rulings and recommendations, and authorize suspension of
concessions and other obligations under the covered
agreements. With respect to disputes arising under a
covered agreement which is a Plurilateral Trade
Agreement, the term “Member” as used herein
shall refer only to those Members that are parties to the
relevant Plurilateral Trade Agreement. Where the DSB
administers the dispute settlement provisions of a
Plurilateral Trade Agreement, only those Members that are
parties to that Agreement may participate in decisions or
actions taken by the DSB with respect to that dispute.
2.
The DSB shall inform the relevant WTO Councils and
Committees of any developments in disputes related to
provisions of the respective covered agreements.
3.
The DSB shall meet as often as necessary to carry out its
functions within the time-frames provided in this
Understanding.
4.
Where the rules and procedures of this Understanding
provide for the DSB to take a decision, it shall do so by consensus (1).
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General
Provisions
1.
Members affirm their adherence to the principles for the
management of disputes heretofore applied under Articles
XXII and XXIII of GATT 1947, and the rules and procedures
as further elaborated and modified herein.
2.
The dispute settlement system of the WTO is a central
element in providing security and predictability to the
multilateral trading system. The Members recognize that
it serves to preserve the rights and obligations of
Members under the covered agreements, and to clarify the
existing provisions of those agreements in accordance
with customary rules of interpretation of public
international law. Recommendations and rulings of the DSB
cannot add to or diminish the rights and obligations
provided in the covered agreements.
3.
The prompt settlement of situations in which a Member
considers that any benefits accruing to it directly or
indirectly under the covered agreements are being
impaired by measures taken by another Member is essential
to the effective functioning of the WTO and the
maintenance of a proper balance between the rights and
obligations of Members.
4.
Recommendations or rulings made by the DSB shall be aimed
at achieving a satisfactory settlement of the matter in
accordance with the rights and obligations under this
Understanding and under the covered agreements.
5.
All solutions to matters formally raised under the
consultation and dispute settlement provisions of the
covered agreements, including arbitration awards, shall
be consistent with those agreements and shall not nullify
or impair benefits accruing to any Member under those
agreements, nor impede the attainment of any objective of
those agreements.
6.
Mutually agreed solutions to matters formally raised
under the consultation and dispute settlement provisions
of the covered agreements shall be notified to the DSB
and the relevant Councils and Committees, where any
Member may raise any point relating thereto.
7.
Before bringing a case, a Member shall exercise its
judgement as to whether action under these procedures
would be fruitful. The aim of the dispute settlement
mechanism is to secure a positive solution to a dispute.
A solution mutually acceptable to the parties to a
dispute and consistent with the covered agreements is
clearly to be preferred. In the absence of a mutually
agreed solution, the first objective of the dispute
settlement mechanism is usually to secure the withdrawal
of the measures concerned if these are found to be
inconsistent with the provisions of any of the covered
agreements. The provision of compensation should be
resorted to only if the immediate withdrawal of the
measure is impracticable and as a temporary measure
pending the withdrawal of the measure which is
inconsistent with a covered agreement. The last resort
which this Understanding provides to the Member invoking
the dispute settlement procedures is the possibility of
suspending the application of concessions or other
obligations under the covered agreements on a
discriminatory basis vis-à-vis the other Member, subject
to authorization by the DSB of such measures.
8.
In cases where there is an infringement of the
obligations assumed under a covered agreement, the action
is considered prima facie to constitute a case of
nullification or impairment. This means that there is
normally a presumption that a breach of the rules has an
adverse impact on other Members parties to that covered
agreement, and in such cases, it shall be up to the
Member against whom the complaint has been brought to
rebut the charge.
9.
The provisions of this Understanding are without
prejudice to the rights of Members to seek authoritative
interpretation of provisions of a covered agreement
through decision-making under the WTO Agreement or a
covered agreement which is a Plurilateral Trade
Agreement.
10.
It is understood that requests for conciliation and the
use of the dispute settlement procedures should not be
intended or considered as contentious acts and that, if a
dispute arises, all Members will engage in these
procedures in good faith in an effort to resolve the
dispute. It is also understood that complaints and
counter-complaints in regard to distinct matters should
not be linked.
11.
This Understanding shall be applied only with respect to
new requests for consultations under the consultation
provisions of the covered agreements made on or after the
date of entry into force of the WTO Agreement. With
respect to disputes for which the request for
consultations was made under GATT 1947 or under any other
predecessor agreement to the covered agreements before
the date of entry into force of the WTO Agreement, the
relevant dispute settlement rules and procedures in
effect immediately prior to the date of entry into force
of the WTO Agreement shall continue to apply (2).
12.
Notwithstanding paragraph 11, if a complaint based on any
of the covered agreements is brought by a developing
country Member against a developed country Member, the
complaining party shall have the right to invoke, as an
alternative to the provisions contained in Articles 4, 5,
6 and 12 of this Understanding, the corresponding
provisions of the Decision of 5 April 1966 (BISD 14S/18),
except that where the Panel considers that the time-frame
provided for in paragraph 7 of that Decision is
insufficient to provide its report and with the agreement
of the complaining party, that time-frame may be
extended. To the extent that there is a difference
between the rules and procedures of Articles 4, 5, 6 and
12 and the corresponding rules and procedures of the
Decision, the latter shall prevail.
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Consultations
1.
Members affirm their resolve to strengthen and improve
the effectiveness of the consultation procedures employed
by Members.
2.
Each Member undertakes to accord sympathetic
consideration to and afford adequate opportunity for
consultation regarding any representations made by
another Member concerning measures affecting the
operation of any covered agreement taken within the
territory of the former (3).
3.
If a request for consultations is made pursuant to a
covered agreement, the Member to which the request is
made shall, unless otherwise mutually agreed, reply to
the request within 10 days after the date of its receipt
and shall enter into consultations in good faith within a
period of no more than 30 days after the date of receipt
of the request, with a view to reaching a mutually
satisfactory solution. If the Member does not respond
within 10 days after the date of receipt of the request,
or does not enter into consultations within a period of
no more than 30 days, or a period otherwise mutually
agreed, after the date of receipt of the request, then
the Member that requested the holding of consultations
may proceed directly to request the establishment of a
panel.
4.
All such requests for consultations shall be notified to
the DSB and the relevant Councils and Committees by the
Member which requests consultations. Any request for
consultations shall be submitted in writing and shall
give the reasons for the request, including
identification of the measures at issue and an indication
of the legal basis for the complaint.
5.
In the course of consultations in accordance with the
provisions of a covered agreement, before resorting to
further action under this Understanding, Members should
attempt to obtain satisfactory adjustment of the matter.
6.
Consultations shall be confidential, and without
prejudice to the rights of any Member in any further
proceedings.
7.
If the consultations fail to settle a dispute within 60
days after the date of receipt of the request for
consultations, the complaining party may request the
establishment of a panel. The complaining party may
request a panel during the 60-day period if the
consulting parties jointly consider that consultations
have failed to settle the dispute.
8.
In cases of urgency, including those which concern
perishable goods, Members shall enter into consultations
within a period of no more than 10 days after the date of
receipt of the request. If the consultations have failed
to settle the dispute within a period of 20 days after
the date of receipt of the request, the complaining party
may request the establishment of a panel.
9.
In cases of urgency, including those which concern
perishable goods, the parties to the dispute, panels and
the Appellate Body shall make every effort to accelerate
the proceedings to the greatest extent possible.
10.
During consultations Members should give special
attention to the particular problems and interests of
developing country Members.
11.
Whenever a Member other than the consulting Members
considers that it has a substantial trade interest in
consultations being held pursuant to paragraph 1 of
Article XXII of GATT 1994, paragraph 1 of Article XXII of
GATS, or the corresponding provisions in other covered
agreements (4),
such Member may notify the consulting Members and the
DSB, within 10 days after the date of the circulation of
the request for consultations under said Article, of its
desire to be joined in the consultations. Such Member
shall be joined in the consultations, provided that the
Member to which the request for consultations was
addressed agrees that the claim of substantial interest
is well-founded. In that event they shall so inform the
DSB. If the request to be joined in the consultations is
not accepted, the applicant Member shall be free to
request consultations under paragraph 1 of Article XXII
or paragraph 1 of Article XXIII of GATT 1994, paragraph 1
of Article XXII or paragraph 1 of Article XXIII of GATS,
or the corresponding provisions in other covered
agreements.
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Good
Offices, Conciliation and Mediation
1.
Good offices, conciliation and mediation are procedures
that are undertaken voluntarily if the parties to the
dispute so agree.
2.
Proceedings involving good offices, conciliation and
mediation, and in particular positions taken by the
parties to the dispute during these proceedings, shall be
confidential, and without prejudice to the rights of
either party in any further proceedings under these
procedures.
3.
Good offices, conciliation or mediation may be requested
at any time by any party to a dispute. They may begin at
any time and be terminated at any time. Once procedures
for good offices, conciliation or mediation are
terminated, a complaining party may then proceed with a
request for the establishment of a panel.
4.
When good offices, conciliation or mediation are entered
into within 60 days after the date of receipt of a
request for consultations, the complaining party must
allow a period of 60 days after the date of receipt of
the request for consultations before requesting the
establishment of a panel. The complaining party may
request the establishment of a panel during the 60-day
period if the parties to the dispute jointly consider
that the good offices, conciliation or mediation process
has failed to settle the dispute.
5.
If the parties to a dispute agree, procedures for good
offices, conciliation or mediation may continue while the
panel process proceeds.
6.
The Director-General may, acting in an ex officio
capacity, offer good offices, conciliation or mediation
with the view to assisting Members to settle a dispute.
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Establishment
of Panels
1.
If the complaining party so requests, a panel shall be
established at the latest at the DSB meeting following
that at which the request first appears as an item on the
DSB's agenda, unless at that meeting the DSB decides by
consensus not to establish a panel (5).
2.
The request for the establishment of a panel shall be
made in writing. It shall indicate whether consultations
were held, identify the specific measures at issue and
provide a brief summary of the legal basis of the
complaint sufficient to present the problem clearly. In
case the applicant requests the establishment of a panel
with other than standard terms of reference, the written
request shall include the proposed text of special terms
of reference.
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Terms
of Reference of Panels
1.
Panels shall have the following terms of reference unless
the parties to the dispute agree otherwise within 20 days
from the establishment of the panel:
“To
examine, in the light of the relevant provisions in (name
of the covered agreement(s) cited by the parties to the
dispute), the matter referred to the DSB by (name of
party) in document ... and to make such findings as will
assist the DSB in making the recommendations or in giving
the rulings provided for in that/those agreement(s).”
2.
Panels shall address the relevant provisions in any
covered agreement or agreements cited by the parties to
the dispute.
3.
In establishing a panel, the DSB may authorize its
Chairman to draw up the terms of reference of the panel
in consultation with the parties to the dispute, subject
to the provisions of paragraph 1. The terms of reference
thus drawn up shall be circulated to all Members. If
other than standard terms of reference are agreed upon,
any Member may raise any point relating thereto in the
DSB.
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Composition
of Panels
1.
Panels shall be composed of well-qualified governmental
and/or non-governmental individuals, including persons
who have served on or presented a case to a panel, served
as a representative of a Member or of a contracting party
to GATT 1947 or as a representative to the Council or
Committee of any covered agreement or its predecessor
agreement, or in the Secretariat, taught or published on
international trade law or policy, or served as a senior
trade policy official of a Member.
2.
Panel members should be selected with a view to ensuring
the independence of the members, a sufficiently diverse
background and a wide spectrum of experience.
3.
Citizens of Members whose governments (6)
are parties to the dispute or third parties as defined in
paragraph 2 of Article 10 shall not serve on a panel
concerned with that dispute, unless the parties to the
dispute agree otherwise.
4.
To assist in the selection of panelists, the Secretariat
shall maintain an indicative list of governmental and
non-governmental individuals possessing the
qualifications outlined in paragraph 1, from which
panelists may be drawn as appropriate. That list shall
include the roster of non-governmental panelists
established on 30 November 1984 (BISD 31S/9), and other
rosters and indicative lists established under any of the
covered agreements, and shall retain the names of persons
on those rosters and indicative lists at the time of
entry into force of the WTO Agreement. Members may
periodically suggest names of governmental and
non-governmental individuals for inclusion on the
indicative list, providing relevant information on their
knowledge of international trade and of the sectors or
subject matter of the covered agreements, and those names
shall be added to the list upon approval by the DSB. For
each of the individuals on the list, the list shall
indicate specific areas of experience or expertise of the
individuals in the sectors or subject matter of the
covered agreements.
5.
Panels shall be composed of three panelists unless the
parties to the dispute agree, within 10 days from the
establishment of the panel, to a panel composed of five
panelists. Members shall be informed promptly of the
composition of the panel.
6.
The Secretariat shall propose nominations for the panel
to the parties to the dispute. The parties to the dispute
shall not oppose nominations except for compelling
reasons.
7.
If there is no agreement on the panelists within 20 days
after the date of the establishment of a panel, at the
request of either party, the Director-General, in
consultation with the Chairman of the DSB and the
Chairman of the relevant Council or Committee, shall
determine the composition of the panel by appointing the
panelists whom the Director-General considers most
appropriate in accordance with any relevant special or
additional rules or procedures of the covered agreement
or covered agreements which are at issue in the dispute,
after consulting with the parties to the dispute. The
Chairman of the DSB shall inform the Members of the
composition of the panel thus formed no later than 10
days after the date the Chairman receives such a request.
8.
Members shall undertake, as a general rule, to permit
their officials to serve as panelists.
9.
Panelists shall serve in their individual capacities and
not as government representatives, nor as representatives
of any organization. Members shall therefore not give
them instructions nor seek to influence them as
individuals with regard to matters before a panel.
10.
When a dispute is between a developing country Member and
a developed country Member the panel shall, if the
developing country Member so requests, include at least
one panelist from a developing country Member.
11.
Panelists' expenses, including travel and subsistence
allowance, shall be met from the WTO budget in accordance
with criteria to be adopted by the General Council, based
on recommendations of the Committee on Budget, Finance
and Administration.
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Procedures
for Multiple Complainants
1.
Where more than one Member requests the establishment of
a panel related to the same matter, a single panel may be
established to examine these complaints taking into
account the rights of all Members concerned. A single
panel should be established to examine such complaints
whenever feasible.
2.
The single panel shall organize its examination and
present its findings to the DSB in such a manner that the
rights which the parties to the dispute would have
enjoyed had separate panels examined the complaints are
in no way impaired. If one of the parties to the dispute
so requests, the panel shall submit separate reports on
the dispute concerned. The written submissions by each of
the complainants shall be made available to the other
complainants, and each complainant shall have the right
to be present when any one of the other complainants
presents its views to the panel.
3.
If more than one panel is established to examine the
complaints related to the same matter, to the greatest
extent possible the same persons shall serve as panelists
on each of the separate panels and the timetable for the
panel process in such disputes shall be harmonized.
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Third
Parties
1.
The interests of the parties to a dispute and those of
other Members under a covered agreement at issue in the
dispute shall be fully taken into account during the
panel process.
2.
Any Member having a substantial interest in a matter
before a panel and having notified its interest to the
DSB (referred to in this Understanding as a “third
party”) shall have an opportunity to be heard by the
panel and to make written submissions to the panel. These
submissions shall also be given to the parties to the
dispute and shall be reflected in the panel report.
3.
Third parties shall receive the submissions of the
parties to the dispute to the first meeting of the panel.
4.
If a third party considers that a measure already the
subject of a panel proceeding nullifies or impairs
benefits accruing to it under any covered agreement, that
Member may have recourse to normal dispute settlement
procedures under this Understanding. Such a dispute shall
be referred to the original panel wherever possible.
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Function
of Panels
The
function of panels is to assist the DSB in discharging
its responsibilities under this Understanding and the
covered agreements. Accordingly, a panel should make an
objective assessment of the matter before it, including
an objective assessment of the facts of the case and the
applicability of and conformity with the relevant covered
agreements, and make such other findings as will assist
the DSB in making the recommendations or in giving the
rulings provided for in the covered agreements. Panels
should consult regularly with the parties to the dispute
and give them adequate opportunity to develop a mutually
satisfactory solution.
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Panel
Procedures
1.
Panels shall follow the Working Procedures in Appendix 3
unless the panel decides otherwise after consulting the
parties to the dispute.
2.
Panel procedures should provide sufficient flexibility so
as to ensure high-quality panel reports, while not unduly
delaying the panel process.
3.
After consulting the parties to the dispute, the
panelists shall, as soon as practicable and whenever
possible within one week after the composition and terms
of reference of the panel have been agreed upon, fix the
timetable for the panel process, taking into account the
provisions of paragraph 9 of Article 4, if relevant.
4.
In determining the timetable for the panel process, the
panel shall provide sufficient time for the parties to
the dispute to prepare their submissions.
5.
Panels should set precise deadlines for written
submissions by the parties and the parties should respect
those deadlines.
6.
Each party to the dispute shall deposit its written
submissions with the Secretariat for immediate
transmission to the panel and to the other party or
parties to the dispute. The complaining party shall
submit its first submission in advance of the responding
party's first submission unless the panel decides, in
fixing the timetable referred to in paragraph 3 and after
consultations with the parties to the dispute, that the
parties should submit their first submissions
simultaneously. When there are sequential arrangements
for the deposit of first submissions, the panel shall
establish a firm time-period for receipt of the
responding party's submission. Any subsequent written
submissions shall be submitted simultaneously.
7.
Where the parties to the dispute have failed to develop a
mutually satisfactory solution, the panel shall submit
its findings in the form of a written report to the DSB.
In such cases, the report of a panel shall set out the
findings of fact, the applicability of relevant
provisions and the basic rationale behind any findings
and recommendations that it makes. Where a settlement of
the matter among the parties to the dispute has been
found, the report of the panel shall be confined to a
brief description of the case and to reporting that a
solution has been reached.
8.
In order to make the procedures more efficient, the
period in which the panel shall conduct its examination,
from the date that the composition and terms of reference
of the panel have been agreed upon until the date the
final report is issued to the parties to the dispute,
shall, as a general rule, not exceed six months. In cases
of urgency, including those relating to perishable goods,
the panel shall aim to issue its report to the parties to
the dispute within three months.
9.
When the panel considers that it cannot issue its report
within six months, or within three months in cases of
urgency, it shall inform the DSB in writing of the
reasons for the delay together with an estimate of the
period within which it will issue its report. In no case
should the period from the establishment of the panel to
the circulation of the report to the Members exceed nine
months.
10.
In the context of consultations involving a measure taken
by a developing country Member, the parties may agree to
extend the periods established in paragraphs 7 and 8 of
Article 4. If, after the relevant period has elapsed, the
consulting parties cannot agree that the consultations
have concluded, the Chairman of the DSB shall decide,
after consultation with the parties, whether to extend
the relevant period and, if so, for how long. In
addition, in examining a complaint against a developing
country Member, the panel shall accord sufficient time
for the developing country Member to prepare and present
its argumentation. The provisions of paragraph 1 of
Article 20 and paragraph 4 of Article 21 are not affected
by any action pursuant to this paragraph.
11.
Where one or more of the parties is a developing country
Member, the panel's report shall explicitly indicate the
form in which account has been taken of relevant
provisions on differential and more-favourable treatment
for developing country Members that form part of the
covered agreements which have been raised by the
developing country Member in the course of the dispute
settlement procedures.
12.
The panel may suspend its work at any time at the request
of the complaining party for a period not to exceed 12
months. In the event of such a suspension, the
time-frames set out in paragraphs 8 and 9 of this
Article, paragraph 1 of Article 20, and paragraph 4 of
Article 21 shall be extended by the amount of time that
the work was suspended. If the work of the panel has been
suspended for more than 12 months, the authority for
establishment of the panel shall lapse.
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Right
to Seek Information
1.
Each panel shall have the right to seek information and
technical advice from any individual or body which it
deems appropriate. However, before a panel seeks such
information or advice from any individual or body within
the jurisdiction of a Member it shall inform the
authorities of that Member. A Member should respond
promptly and fully to any request by a panel for such
information as the panel considers necessary and
appropriate. Confidential information which is provided
shall not be revealed without formal authorization from
the individual, body, or authorities of the Member
providing the information.
2.
Panels may seek information from any relevant source and
may consult experts to obtain their opinion on certain
aspects of the matter. With respect to a factual issue
concerning a scientific or other technical matter raised
by a party to a dispute, a panel may request an advisory
report in writing from an expert review group. Rules for
the establishment of such a group and its procedures are
set forth in Appendix 4.
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Confidentiality
1.
Panel deliberations shall be confidential.
2.
The reports of panels shall be drafted without the
presence of the parties to the dispute in the light of
the information provided and the statements made.
3.
Opinions expressed in the panel report by individual
panelists shall be anonymous.
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Interim
Review Stage
1.
Following the consideration of rebuttal submissions and
oral arguments, the panel shall issue the descriptive
(factual and argument) sections of its draft report to
the parties to the dispute. Within a period of time set
by the panel, the parties shall submit their comments in
writing.
2.
Following the expiration of the set period of time for
receipt of comments from the parties to the dispute, the
panel shall issue an interim report to the parties,
including both the descriptive sections and the panel's
findings and conclusions. Within a period of time set by
the panel, a party may submit a written request for the
panel to review precise aspects of the interim report
prior to circulation of the final report to the Members.
At the request of a party, the panel shall hold a further
meeting with the parties on the issues identified in the
written comments. If no comments are received from any
party within the comment period, the interim report shall
be considered the final panel report and circulated
promptly to the Members.
3.
The findings of the final panel report shall include a
discussion of the arguments made at the interim review
stage. The interim review stage shall be conducted within
the time-period set out in paragraph 8 of Article 12.
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Adoption
of Panel Reports
1.
In order to provide sufficient time for the Members to
consider panel reports, the reports shall not be
considered for adoption by the DSB until 20 days after
the date they have been circulated to the Members.
2.
Members having objections to a panel report shall give
written reasons to explain their objections for
circulation at least 10 days prior to the DSB meeting at
which the panel report will be considered.
3.
The parties to a dispute shall have the right to
participate fully in the consideration of the panel
report by the DSB, and their views shall be fully
recorded.
4.
Within 60 days after the date of circulation of a panel
report to the Members, the report shall be adopted at a
DSB meeting (7)
unless a party to the dispute formally notifies the DSB
of its decision to appeal or the DSB decides by consensus
not to adopt the report. If a party has notified its
decision to appeal, the report by the panel shall not be
considered for adoption by the DSB until after completion
of the appeal. This adoption procedure is without
prejudice to the right of Members to express their views
on a panel report.
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Appellate
Review
Standing
Appellate Body
1.
A standing Appellate Body shall be established by the
DSB. The Appellate Body shall hear appeals from panel
cases. It shall be composed of seven persons, three of
whom shall serve on any one case. Persons serving on the
Appellate Body shall serve in rotation. Such rotation
shall be determined in the working procedures of the
Appellate Body.
2.
The DSB shall appoint persons to serve on the Appellate
Body for a four-year term, and each person may be
reappointed once. However, the terms of three of the
seven persons appointed immediately after the entry into
force of the WTO Agreement shall expire at the end of two
years, to be determined by lot. Vacancies shall be filled
as they arise. A person appointed to replace a person
whose term of office has not expired shall hold office
for the remainder of the predecessor's term.
3.
The Appellate Body shall comprise persons of recognized
authority, with demonstrated expertise in law,
international trade and the subject matter of the covered
agreements generally. They shall be unaffiliated with any
government. The Appellate Body membership shall be
broadly representative of membership in the WTO. All
persons serving on the Appellate Body shall be available
at all times and on short notice, and shall stay abreast
of dispute settlement activities and other relevant
activities of the WTO. They shall not participate in the
consideration of any disputes that would create a direct
or indirect conflict of interest.
4.
Only parties to the dispute, not third parties, may
appeal a panel report. Third parties which have notified
the DSB of a substantial interest in the matter pursuant
to paragraph 2 of Article 10 may make written submissions
to, and be given an opportunity to be heard by, the
Appellate Body.
5.
As a general rule, the proceedings shall not exceed 60
days from the date a party to the dispute formally
notifies its decision to appeal to the date the Appellate
Body circulates its report. In fixing its timetable the
Appellate Body shall take into account the provisions of
paragraph 9 of Article 4, if relevant. When the Appellate
Body considers that it cannot provide its report within
60 days, it shall inform the DSB in writing of the
reasons for the delay together with an estimate of the
period within which it will submit its report. In no case
shall the proceedings exceed 90 days.
6.
An appeal shall be limited to issues of law covered in
the panel report and legal interpretations developed by
the panel.
7.
The Appellate Body shall be provided with appropriate
administrative and legal support as it requires.
8.
The expenses of persons serving on the Appellate Body,
including travel and subsistence allowance, shall be met
from the WTO budget in accordance with criteria to be
adopted by the General Council, based on recommendations
of the Committee on Budget, Finance and Administration.
Procedures
for Appellate Review
9.
Working procedures shall be drawn up by the Appellate
Body in consultation with the Chairman of the DSB and the
Director-General, and communicated to the Members for
their information.
10.
The proceedings of the Appellate Body shall be
confidential. The reports of the Appellate Body shall be
drafted without the presence of the parties to the
dispute and in the light of the information provided and
the statements made.
11.
Opinions expressed in the Appellate Body report by
individuals serving on the Appellate Body shall be
anonymous.
12.
The Appellate Body shall address each of the issues
raised in accordance with paragraph 6 during the
appellate proceeding.
13.
The Appellate Body may uphold, modify or reverse the
legal findings and conclusions of the panel.
Adoption
of Appellate Body Reports
14.
An Appellate Body report shall be adopted by the DSB and
unconditionally accepted by the parties to the dispute
unless the DSB decides by consensus not to adopt the
Appellate Body report within 30 days following its
circulation to the Members (8).This adoption procedure is without prejudice to the right
of Members to express their views on an Appellate Body
report.
Article
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Communications
with the Panel or Appellate Body
1.
There shall be no ex parte communications with the
panel or Appellate Body concerning matters under
consideration by the panel or Appellate Body.
2.
Written submissions to the panel or the Appellate Body
shall be treated as confidential, but shall be made
available to the parties to the dispute. Nothing in this
Understanding shall preclude a party to a dispute from
disclosing statements of its own positions to the public.
Members shall treat as confidential information submitted
by another Member to the panel or the Appellate Body
which that Member has designated as confidential. A party
to a dispute shall also, upon request of a Member,
provide a non-confidential summary of the information
contained in its written submissions that could be
disclosed to the public.
Article
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Panel
and Appellate Body Recommendations
1.
Where a panel or the Appellate Body concludes that a
measure is inconsistent with a covered agreement, it
shall recommend that the Member concerned (9)
bring the measure into conformity with that agreement (10).
In addition to its recommendations, the panel or
Appellate Body may suggest ways in which the Member
concerned could implement the recommendations.
2.
In accordance with paragraph 2 of Article 3, in their
findings and recommendations, the panel and Appellate
Body cannot add to or diminish the rights and obligations
provided in the covered agreements.
Article
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Time-frame
for DSB Decisions
Unless
otherwise agreed to by the parties to the dispute, the
period from the date of establishment of the panel by the
DSB until the date the DSB considers the panel or
appellate report for adoption shall as a general rule not
exceed nine months where the panel report is not appealed
or 12 months where the report is appealed. Where either
the panel or the Appellate Body has acted, pursuant to
paragraph 9 of Article 12 or paragraph 5 of Article 17,
to extend the time for providing its report, the
additional time taken shall be added to the above
periods.
Article
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Surveillance
of Implementation of Recommendations and Rulings
1.
Prompt compliance with recommendations or rulings of the
DSB is essential in order to ensure effective resolution
of disputes to the benefit of all Members.
2.
Particular attention should be paid to matters affecting
the interests of developing country Members with respect
to measures which have been subject to dispute
settlement.
3.
At a DSB meeting held within 30 days (11)
after the date of adoption of the panel or Appellate Body
report, the Member concerned shall inform the DSB of its
intentions in respect of implementation of the
recommendations and rulings of the DSB. If it is
impracticable to comply immediately with the
recommendations and rulings, the Member concerned shall
have a reasonable period of time in which to do so. The
reasonable period of time shall be:
(a)
the period of time proposed by the Member concerned,
provided that such period is approved by the DSB; or, in
the absence of such approval,
(b)
a period of time mutually agreed by the parties to the
dispute within 45 days after the date of adoption of the
recommendations and rulings; or, in the absence of such
agreement,
(c)
a period of time determined through binding arbitration
within 90 days after the date of adoption of the
recommendations and rulings (12).
In such arbitration, a guideline for the arbitrator (13)
should be that the reasonable period of time to implement
panel or Appellate Body recommendations should not exceed
15 months from the date of adoption of a panel or
Appellate Body report. However, that time may be shorter
or longer, depending upon the particular circumstances.
4.
Except where the panel or the Appellate Body has
extended, pursuant to paragraph 9 of Article 12 or
paragraph 5 of Article 17, the time of providing its
report, the period from the date of establishment of the
panel by the DSB until the date of determination of the
reasonable period of time shall not exceed 15 months
unless the parties to the dispute agree otherwise. Where
either the panel or the Appellate Body has acted to
extend the time of providing its report, the additional
time taken shall be added to the 15-month period;
provided that unless the parties to the dispute agree
that there are exceptional circumstances, the total time
shall not exceed 18 months.
5.
Where there is disagreement as to the existence or
consistency with a covered agreement of measures taken to
comply with the recommendations and rulings such dispute
shall be decided through recourse to these dispute
settlement procedures, including wherever possible resort
to the original panel. The panel shall circulate its
report within 90 days after the date of referral of the
matter to it. When the panel considers that it cannot
provide its report within this time frame, it shall
inform the DSB in writing of the reasons for the delay
together with an estimate of the period within which it
will submit its report.
6.
The DSB shall keep under surveillance the implementation
of adopted recommendations or rulings. The issue of
implementation of the recommendations or rulings may be
raised at the DSB by any Member at any time following
their adoption. Unless the DSB decides otherwise, the
issue of implementation of the recommendations or rulings
shall be placed on the agenda of the DSB meeting after
six months following the date of establishment of the
reasonable period of time pursuant to paragraph 3 and
shall remain on the DSB's agenda until the issue is
resolved. At least 10 days prior to each such DSB
meeting, the Member concerned shall provide the DSB with
a status report in writing of its progress in the
implementation of the recommendations or rulings.
7.
If the matter is one which has been raised by a
developing country Member, the DSB shall consider what
further action it might take which would be appropriate
to the circumstances.
8.
If the case is one brought by a developing country
Member, in considering what appropriate action might be
taken, the DSB shall take into account not only the trade
coverage of measures complained of, but also their impact
on the economy of developing country Members concerned.
Article
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Compensation
and the Suspension of Concessions
1.
Compensation and the suspension of concessions or other
obligations are temporary measures available in the event
that the recommendations and rulings are not implemented
within a reasonable period of time. However, neither
compensation nor the suspension of concessions or other
obligations is preferred to full implementation of a
recommendation to bring a measure into conformity with
the covered agreements. Compensation is voluntary and, if
granted, shall be consistent with the covered agreements.
2.
If the Member concerned fails to bring the measure found
to be inconsistent with a covered agreement into
compliance therewith or otherwise comply with the
recommendations and rulings within the reasonable period
of time determined pursuant to paragraph 3 of Article 21,
such Member shall, if so requested, and no later than the
expiry of the reasonable period of time, enter into
negotiations with any party having invoked the dispute
settlement procedures, with a view to developing mutually
acceptable compensation. If no satisfactory compensation
has been agreed within 20 days after the date of expiry
of the reasonable period of time, any party having
invoked the dispute settlement procedures may request
authorization from the DSB to suspend the application to
the Member concerned of concessions or other obligations
under the covered agreements.
3.
In considering what concessions or other obligations to
suspend, the complaining party shall apply the following
principles and procedures:
(a)
the general principle is that the complaining party
should first seek to suspend concessions or other
obligations with respect to the same sector(s) as that in
which the panel or Appellate Body has found a violation
or other nullification or impairment;
(b)
if that party considers that it is not practicable or
effective to suspend concessions or other obligations
with respect to the same sector(s), it may seek to
suspend concessions or other obligations in other sectors
under the same agreement;
(c)
if that party considers that it is not practicable or
effective to suspend concessions or other obligations
with respect to other sectors under the same agreement,
and that the circumstances are serious enough, it may
seek to suspend concessions or other obligations under
another covered agreement;
(d)
in applying the above principles, that party shall take
into account:
(i)
the trade in the sector or under the agreement under
which the panel or Appellate Body has found a violation
or other nullification or impairment, and the importance
of such trade to that party;
(ii)
the broader economic elements related to the
nullification or impairment and the broader economic
consequences of the suspension of concessions or other
obligations;
(e)
if that party decides to request authorization to suspend
concessions or other obligations pursuant to
subparagraphs (b) or (c), it shall state the reasons
therefor in its request. At the same time as the request
is forwarded to the DSB, it also shall be forwarded to
the relevant Councils and also, in the case of a request
pursuant to subparagraph (b), the relevant sectoral
bodies;
(f)
for purposes of this paragraph, “sector” means:
(i)
with respect to goods, all goods;
(ii)
with respect to services, a principal sector as
identified in the current “Services Sectoral
Classification List” which identifies such sectors; (14)
(iii)
with respect to trade-related intellectual property
rights, each of the categories of intellectual property
rights covered in Section 1, or Section 2, or Section 3,
or Section 4, or Section 5, or Section 6, or Section 7 of
Part II, or the obligations under Part III, or Part IV of
the Agreement on TRIPS;
(g)
for purposes of this paragraph, “agreement”
means:
-
(i)
with respect to goods, the agreements listed in Annex 1A
of the WTO Agreement, taken as a whole as well as the
Plurilateral Trade Agreements in so far as the relevant
parties to the dispute are parties to these agreements;
-
(ii)
with respect to services, the GATS;
-
(iii)
with respect to intellectual property rights, the
Agreement on TRIPS.
4.
The level of the suspension of concessions or other
obligations authorized by the DSB shall be equivalent to
the level of the nullification or impairment.
5.
The DSB shall not authorize suspension of concessions or
other obligations if a covered agreement prohibits such
suspension.
6.
When the situation described in paragraph 2 occurs, the
DSB, upon request, shall grant authorization to suspend
concessions or other obligations within 30 days of the
expiry of the reasonable period of time unless the DSB
decides by consensus to reject the request. However, if
the Member concerned objects to the level of suspension
proposed, or claims that the principles and procedures
set forth in paragraph 3 have not been followed where a
complaining party has requested authorization to suspend
concessions or other obligations pursuant to paragraph
3(b) or (c), the matter shall be referred to arbitration.
Such arbitration shall be carried out by the original
panel, if members are available, or by an arbitrator (15)
appointed by the Director-General and shall be completed
within 60 days after the date of expiry of the reasonable
period of time. Concessions or other obligations shall
not be suspended during the course of the arbitration.
7.
The arbitrator (16)
acting pursuant to paragraph 6 shall not examine the
nature of the concessions or other obligations to be
suspended but shall determine whether the level of such
suspension is equivalent to the level of nullification or
impairment. The arbitrator may also determine if the
proposed suspension of concessions or other obligations
is allowed under the covered agreement. However, if the
matter referred to arbitration includes a claim that the
principles and procedures set forth in paragraph 3 have
not been followed, the arbitrator shall examine that
claim. In the event the arbitrator determines that those
principles and procedures have not been followed, the
complaining party shall apply them consistent with
paragraph 3. The parties shall accept the arbitrator's
decision as final and the parties concerned shall not
seek a second arbitration. The DSB shall be informed
promptly of the decision of the arbitrator and shall upon
request, grant authorization to suspend concessions or
other obligations where the request is consistent with
the decision of the arbitrator, unless the DSB decides by
consensus to reject the request.
8.
The suspension of concessions or other obligations shall
be temporary and shall only be applied until such time as
the measure found to be inconsistent with a covered
agreement has been removed, or the Member that must
implement recommendations or rulings provides a solution
to the nullification or impairment of benefits, or a
mutually satisfactory solution is reached. In accordance
with paragraph 6 of Article 21, the DSB shall continue to
keep under surveillance the implementation of adopted
recommendations or rulings, including those cases where
compensation has been provided or concessions or other
obligations have been suspended but the recommendations
to bring a measure into conformity with the covered
agreements have not been implemented.
9.
The dispute settlement provisions of the covered
agreements may be invoked in respect of measures
affecting their observance taken by regional or local
governments or authorities within the territory of a
Member. When the DSB has ruled that a provision of a
covered agreement has not been observed, the responsible
Member shall take such reasonable measures as may be
available to it to ensure its observance. The provisions
of the covered agreements and this Understanding relating
to compensation and suspension of concessions or other
obligations apply in cases where it has not been possible
to secure such observance (17).
Article
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Strengthening
of the Multilateral System
1.
When Members seek the redress of a violation of
obligations or other nullification or impairment of
benefits under the covered agreements or an impediment to
the attainment of any objective of the covered
agreements, they shall have recourse to, and abide by,
the rules and procedures of this Understanding.
2.
In such cases, Members shall:
(a)
not make a determination to the effect that a violation
has occurred, that benefits have been nullified or
impaired or that the attainment of any objective of the
covered agreements has been impeded, except through
recourse to dispute settlement in accordance with the
rules and procedures of this Understanding, and shall
make any such determination consistent with the findings
contained in the panel or Appellate Body report adopted
by the DSB or an arbitration award rendered under this
Understanding;
(b)
follow the procedures set forth in Article 21 to
determine the reasonable period of time for the Member
concerned to implement the recommendations and rulings;
and
(c)
follow the procedures set forth in Article 22 to
determine the level of suspension of concessions or other
obligations and obtain DSB authorization in accordance
with those procedures before suspending concessions or
other obligations under the covered agreements in
response to the failure of the Member concerned to
implement the recommendations and rulings within that
reasonable period of time.
Article
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Special
Procedures Involving Least-Developed Country Members
1.
At all stages of the determination of the causes of a
dispute and of dispute settlement procedures involving a
least-developed country Member, particular consideration
shall be given to the special situation of
least-developed country Members. In this regard, Members
shall exercise due restraint in raising matters under
these procedures involving a least-developed country
Member. If nullification or impairment is found to result
from a measure taken by a least-developed country Member,
complaining parties shall exercise due restraint in
asking for compensation or seeking authorization to
suspend the application of concessions or other
obligations pursuant to these procedures.
2.
In dispute settlement cases involving a least-developed
country Member, where a satisfactory solution has not
been found in the course of consultations the
Director-General or the Chairman of the DSB shall, upon
request by a least-developed country Member offer their
good offices, conciliation and mediation with a view to
assisting the parties to settle the dispute, before a
request for a panel is made. The Director-General or the
Chairman of the DSB, in providing the above assistance,
may consult any source which either deems appropriate.
Article
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Arbitration
1.
Expeditious arbitration within the WTO as an alternative
means of dispute settlement can facilitate the solution
of certain disputes that concern issues that are clearly
defined by both parties.
2.
Except as otherwise provided in this Understanding,
resort to arbitration shall be subject to mutual
agreement of the parties which shall agree on the
procedures to be followed. Agreements to resort to
arbitration shall be notified to all Members sufficiently
in advance of the actual commencement of the arbitration
process.
3.
Other Members may become party to an arbitration
proceeding only upon the agreement of the parties which
have agreed to have recourse to arbitration. The parties
to the proceeding shall agree to abide by the arbitration
award. Arbitration awards shall be notified to the DSB
and the Council or Committee of any relevant agreement
where any Member may raise any point relating thereto.
4.
Articles 21 and 22 of this Understanding shall apply mutatis
mutandis to arbitration awards.
Article
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1.
Non-Violation Complaints of the Type Described in
Paragraph 1(b) of Article XXIII of GATT 1994
Where
the provisions of paragraph 1(b) of Article XXIII of GATT
1994 are applicable to a covered agreement, a panel or
the Appellate Body may only make rulings and
recommendations where a party to the dispute considers
that any benefit accruing to it directly or indirectly
under the relevant covered agreement is being nullified
or impaired or the attainment of any objective of that
Agreement is being impeded as a result of the application
by a Member of any measure, whether or not it conflicts
with the provisions of that Agreement. Where and to the
extent that such party considers and a panel or the
Appellate Body determines that a case concerns a measure
that does not conflict with the provisions of a covered
agreement to which the provisions of paragraph 1(b) of
Article XXIII of GATT 1994 are applicable, the procedures
in this Understanding shall apply, subject to the
following:
(a)
the complaining party shall present a detailed
justification in support of any complaint relating to a
measure which does not conflict with the relevant covered
agreement;
(b)
where a measure has been found to nullify or impair
benefits under, or impede the attainment of objectives,
of the relevant covered agreement without violation
thereof, there is no obligation to withdraw the measure.
However, in such cases, the panel or the Appellate Body
shall recommend that the Member concerned make a mutually
satisfactory adjustment;
(c)
notwithstanding the provisions of Article 21, the
arbitration provided for in paragraph 3 of Article 21,
upon request of either party, may include a determination
of the level of benefits which have been nullified or
impaired, and may also suggest ways and means of reaching
a mutually satisfactory adjustment; such suggestions
shall not be binding upon the parties to the dispute;
(d)
notwithstanding the provisions of paragraph 1 of Article
22, compensation may be part of a mutually satisfactory
adjustment as final settlement of the dispute.
2. Complaints of the Type Described in Paragraph 1(c) of
Article XXIII of GATT 1994
Where
the provisions of paragraph 1(c) of Article XXIII of GATT
1994 are applicable to a covered agreement, a panel may
only make rulings and recommendations where a party
considers that any benefit accruing to it directly or
indirectly under the relevant covered agreement is being
nullified or impaired or the attainment of any objective
of that Agreement is being impeded as a result of the
existence of any situation other than those to which the
provisions of paragraphs 1(a) and 1(b) of Article XXIII
of GATT 1994 are applicable. Where and to the extent that
such party considers and a panel determines that the
matter is covered by this paragraph, the procedures of
this Understanding shall apply only up to and including
the point in the proceedings where the panel report has
been circulated to the Members. The dispute settlement
rules and procedures contained in the Decision of 12
April 1989 (BISD 36S/61-67) shall apply to consideration
for adoption, and surveillance and implementation of
recommendations and rulings. The following shall also
apply:
(a)
the complaining party shall present a detailed
justification in support of any argument made with
respect to issues covered under this paragraph;
(b)
in cases involving matters covered by this paragraph, if
a panel finds that cases also involve dispute settlement
matters other than those covered by this paragraph, the
panel shall circulate a report to the DSB addressing any
such matters and a separate report on matters falling
under this paragraph.
Article
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Responsibilities
of the Secretariat
1.
The Secretariat shall have the responsibility of
assisting panels, especially on the legal, historical and
procedural aspects of the matters dealt with, and of
providing secretarial and technical support.
2.
While the Secretariat assists Members in respect of
dispute settlement at their request, there may also be a
need to provide additional legal advice and assistance in
respect of dispute settlement to developing country
Members. To this end, the Secretariat shall make
available a qualified legal expert from the WTO technical
cooperation services to any developing country Member
which so requests. This expert shall assist the
developing country Member in a manner ensuring the
continued impartiality of the Secretariat.
3.
The Secretariat shall conduct special training courses
for interested Members concerning these dispute
settlement procedures and practices so as to enable
Members' experts to be better informed in this regard.
APPENDIX
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AGREEMENTS
COVERED BY THE UNDERSTANDING
(A)
Agreement Establishing the World Trade Organization
(B)
Multilateral Trade Agreements
Annex
1A: Multilateral Agreements on Trade in Goods
Annex
1B: General Agreement on Trade in Services
Annex
1C: Agreement on Trade-Related Aspects of Intellectual
Property Rights
Annex
2: Understanding on Rules and Procedures Governing the
Settlement of Disputes
(C)
Plurilateral Trade Agreements
Annex
4: Agreement on Trade in Civil Aircraft
Agreement
on Government Procurement
International
Dairy Agreement
International
Bovine Meat Agreement
The
applicability of this Understanding to the Plurilateral
Trade Agreements shall be subject to the adoption of a
decision by the parties to each agreement setting out the
terms for the application of the Understanding to the
individual agreement, including any special or additional
rules or procedures for inclusion in Appendix 2, as
notified to the DSB.
APPENDIX
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SPECIAL
OR ADDITIONAL RULES AND PROCEDURES CONTAINED
IN THE COVERED AGREEMENTS
Agreement Rules and Procedures
Agreement
on the Application of Sanitary and
Phytosanitary Measures 11.2
Agreement
on Textiles and Clothing 2.14, 2.21, 4.4, 5.2, 5.4, 5.6,
6.9,
6.10,
6.11, 8.1 through 8.12
Agreement
on Technical Barriers to Trade 14.2 through 14.4, Annex 2
Agreement
on Implementation of Article VI of
GATT 1994 17.4 through 17.7
Agreement
on Implementation of Article VII of
GATT 1994 19.3 through 19.5, Annex II.2(f), 3, 9, 21
Agreement
on Subsidies and Countervailing Measures 4.2 through
4.12, 6.6, 7.2 through 7.10, 8.5, footnote
35, 24.4, 27.7, Annex V
General
Agreement on Trade in Services XXII:3, XXIII:3
Annex
on Financial Services 4
Annex
on Air Transport Services 4
Decision
on Certain Dispute Settlement
Procedures
for the GATS 1 through 5
The
list of rules and procedures in this Appendix includes
provisions where only a part of the provision may be
relevant in this context.
Any
special or additional rules or procedures in the
Plurilateral Trade Agreements as determined by the
competent bodies of each agreement and as notified to the
DSB.
APPENDIX
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WORKING
PROCEDURES
l.
In its proceedings the panel shall follow the relevant
provisions of this Understanding. In addition, the
following working procedures shall apply.
2.
The panel shall meet in closed session. The parties to
the dispute, and interested parties, shall be present at
the meetings only when invited by the panel to appear
before it.
3.
The deliberations of the panel and the documents
submitted to it shall be kept confidential. Nothing in
this Understanding shall preclude a party to a dispute
from disclosing statements of its own positions to the
public. Members shall treat as confidential information
submitted by another Member to the panel which that
Member has designated as confidential. Where a party to a
dispute submits a confidential version of its written
submissions to the panel, it shall also, upon request of
a Member, provide a non-confidential summary of the
information contained in its submissions that could be
disclosed to the public.
4.
Before the first substantive meeting of the panel with
the parties, the parties to the dispute shall transmit to
the panel written submissions in which they present the
facts of the case and their arguments.
5.
At its first substantive meeting with the parties, the
panel shall ask the party which has brought the complaint
to present its case. Subsequently, and still at the same
meeting, the party against which the complaint has been
brought shall be asked to present its point of view.
6.
All third parties which have notified their interest in
the dispute to the DSB shall be invited in writing to
present their views during a session of the first
substantive meeting of the panel set aside for that
purpose. All such third parties may be present during the
entirety of this session.
7.
Formal rebuttals shall be made at a second substantive
meeting of the panel. The party complained against shall
have the right to take the floor first to be followed by
the complaining party. The parties shall submit, prior to
that meeting, written rebuttals to the panel.
8.
The panel may at any time put questions to the parties
and ask them for explanations either in the course of a
meeting with the parties or in writing.
9.
The parties to the dispute and any third party invited to
present its views in accordance with Article 10 shall
make available to the panel a written version of their
oral statements.
10.
In the interest of full transparency, the presentations,
rebuttals and statements referred to in paragraphs 5 to 9
shall be made in the presence of the parties. Moreover,
each party's written submissions, including any comments
on the descriptive part of the report and responses to
questions put by the panel, shall be made available to
the other party or parties.
11.
Any additional procedures specific to the panel.
12.
Proposed timetable for panel work:
(a)
Receipt of first written submissions of the parties:
- (1)
complaining Party:
- (2) Party
complained against:
|
3-6 weeks
2-3 weeks |
(b)
Date, time and place of first substantive meeting
- with
the parties; third party session:
|
1-2 weeks |
| (c)
Receipt of written rebuttals of the parties: |
2-3
weeks |
(d)
Date, time and place of second substantive
- meeting
with the parties:
|
1-2 weeks |
| (e)
Issuance of descriptive part of the report to the
parties: |
2-4 weeks |
|
|
| (f)
Receipt of comments by the parties on the descriptive
part of the report: |
2 weeks |
|
(g)
Issuance of the interim report, including the findings
and conclusions, to the parties:
|
2-4 weeks |
| (h)
Deadline for party to request review of part(s) of
report: |
1 week |
|
(i)
Period of review by panel, including possible additional
meeting with parties:
|
2 weeks |
| (j)
Issuance of final report to parties to dispute: |
2
weeks |
| (k)
Circulation of the final report to the Members: |
3
weeks |
The
above calendar may be changed in the light of unforeseen
developments. Additional meetings with the parties shall
be scheduled if required.
APPENDIX
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EXPERT
REVIEW GROUPS
The
following rules and procedures shall apply to expert
review groups established in accordance with the
provisions of paragraph 2 of Article 13.
1.
Expert review groups are under the panel's authority.
Their terms of reference and detailed working procedures
shall be decided by the panel, and they shall report to
the panel.
2.
Participation in expert review groups shall be restricted
to persons of professional standing and experience in the
field in question.
3.
Citizens of parties to the dispute shall not serve on an
expert review group without the joint agreement of the
parties to the dispute, except in exceptional
circumstances when the panel considers that the need for
specialized scientific expertise cannot be fulfilled
otherwise. Government officials of parties to the dispute
shall not serve on an expert review group. Members of
expert review groups shall serve in their individual
capacities and not as government representatives, nor as
representatives of any organization. Governments or
organizations shall therefore not give them instructions
with regard to matters before an expert review group.
4.
Expert review groups may consult and seek information and
technical advice from any source they deem appropriate.
Before an expert review group seeks such information or
advice from a source within the jurisdiction of a Member,
it shall inform the government of that Member. Any Member
shall respond promptly and fully to any request by an
expert review group for such information as the expert
review group considers necessary and appropriate.
5.
The parties to a dispute shall have access to all
relevant information provided to an expert review group,
unless it is of a confidential nature. Confidential
information provided to the expert review group shall not
be released without formal authorization from the
government, organization or person providing the
information. Where such information is requested from the
expert review group but release of such information by
the expert review group is not authorized, a
non-confidential summary of the information will be
provided by the government, organization or person
supplying the information.
6.
The expert review group shall submit a draft report to
the parties to the dispute with a view to obtaining their
comments, and taking them into account, as appropriate,
in the final report, which shall also be issued to the
parties to the dispute when it is submitted to the panel.
The final report of the expert review group shall be
advisory only.
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