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ON THIS PAGE:
> EC — Hormones, para. 154
> US — 1916 Act, para. 150
> US — FSC (Article 21.5 — EC), para. 243
> US — FSC (Article 21.5 — EC), para. 245
> US — FSC (Article 21.5 — EC), para. 249
> Chile — Price Band System, para. 163
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T.8.1 EC — Hormones, para. 154
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(WT/DS26/AB/R, WT/DS48/AB/R)
… Although Article 12.1 and Appendix 3 of the DSU do not
specifically require the Panel to grant … [“enhanced” third party
rights] to the United States, we believe that this decision falls within
the sound discretion and authority of the Panel, particularly if the
Panel considers it necessary for ensuring to all parties due process of
law. …
T.8.2 US — 1916 Act, para. 150 back to top
(WT/DS136/AB/R, WT/DS162/AB/R)
A panel’s decision whether to grant “enhanced” participatory
rights to third parties is thus a matter that falls within the
discretionary authority of that panel. Such discretionary authority is,
of course, not unlimited and is circumscribed, for example, by the
requirements of due process. In the present cases, however, the European
Communities and Japan have not shown that the Panel exceeded the limits
of its discretionary authority. …
T.8.3 US — FSC (Article 21.5
— EC), para. 243
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(WT/DS108/AB/RW)
… the rights of third parties in panel proceedings are limited to
the rights granted under Article 10 and Appendix 3 to the DSU. Beyond
those minimum guarantees, panels enjoy a discretion to grant additional
participatory rights to third parties in particular cases, as long as
such “enhanced” rights are consistent with the provisions of the DSU
and the principles of due process. However, panels have no discretion to
circumscribe the rights guaranteed to third parties by the provisions of
the DSU.
T.8.4 US — FSC (Article 21.5
— EC), para. 245
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(WT/DS108/AB/RW)
Article 10.3 of the DSU is couched in mandatory language. By its
terms, third parties “shall” receive “the submissions of the
parties to the first meeting of the panels”. (emphasis added)
Article 10.3 does not say that third parties shall receive “the
first submissions” of the parties, but rather that they shall
receive “the submissions” of the parties. (emphasis added)
The number of submissions that third parties are entitled to receive is not
stated. Rather, Article 10.3 defines the submissions that third parties
are entitled to receive by reference to a specific step in the
proceedings — the first meeting of the panel. It follows, in our view,
that, under this provision, third parties must be given all of the
submissions that have been made by the parties to the panel up to the
first meeting of the panel, irrespective of the number of such
submissions which are made, including any rebuttal submissions filed in
advance of the first meeting.
T.8.5 US — FSC (Article 21.5
— EC), para. 249
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(WT/DS108/AB/RW)
… Article 10.1 directs panels “fully” to take into account the
interests of Members other than the parties to the dispute, and Article 10.2 requires panels to grant to third parties “an opportunity to be
heard”. Article 10.3 ensures that, up to a defined stage in the panel
proceedings, third parties can participate fully in the proceedings, on
the basis of the same written submissions as the parties themselves.
Article 10.3 thereby seeks to guarantee that the third parties can
participate at a session of the first meeting with the panel in a full
and meaningful fashion that would not be possible if the third parties
were denied written submissions made to the panel before that meeting.
Moreover, panels themselves will thereby benefit more from the
contributions made by third parties and will, therefore, be better able
“fully” to take into account the interests of Members, as directed
by Article 10.1 of the DSU.
T.8.6 Chile — Price Band System, para. 163 back to top
(WT/DS207/AB/R)
… Third parties to a dispute cannot make claims. It was for
Argentina, as the claimant, to make its claim; Argentina cannot rely on
third parties to do so on its behalf. Moreover, we note that Argentina
did not adopt these arguments of the third parties in subsequent
proceedings.
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The texts reproduced here do not have the legal standing of the original
documents which are entrusted and kept at the WTO Secretariat in Geneva.
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