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Derestricted Established in Existing Trade and Integration Agreements, Treaties and Arrangements in the Hemisphere and in the WTO Foreword This inventory was prepared by the Trade Unit of the Organization of American States (OAS) at the request of the Free Trade Area of the Americas (FTAA) Negotiating Group on Dispute Settlement (NGDS), and does not reflect necessarily the opinions of the OAS, its personnel, or its member states. Words in italics (or within quotation marks) represent direct quotations from the referenced material available to the OAS. They do not have the legal standing of the official texts of the original documents. The OAS has made every effort to ensure, but does not guarantee the accuracy of the information contained in this inventory. The information is provided without warranty of any kind, express or implied. I. Introduction
At their Second Ministerial Trade Meeting held in Cartagena, Colombia on 21 March, 1996, the Ministers Responsible for Trade requested “the OAS to start compiling information on the dispute settlement mechanisms being used in bilateral and subregional trade agreements in the Hemisphere.”1 The OAS distributed a first draft of a dispute settlement analytical compendium to the Ministers at their Third Ministerial Trade Meeting held in Belo Horizonte, Brazil on 16 May 1997. At that meeting, the Ministers set up the Working Group on Dispute Settlement (WGDS) and established its terms of reference. The Group was mandated inter alia to “[c]ompile an inventory of dispute settlement procedures and mechanisms included in agreements, treaties and arrangements of integration existing in the hemisphere and those of the WTO, appending the legal texts.” In this respect, the Group was instructed to “take into account the compilation of information prepared by the OAS, as requested at Cartagena.”2 The OAS submitted a revised compendium to the WGDS at its first meeting of 10-11 July 1997, and a “systematization” paper on dispute settlement procedures and mechanisms as requested by the Working Group at its third and last meeting of 19-20 February 1998. At that meeting, the WGDS adopted a working list of agreements and a structure for the inventory. At their Fourth Trade Ministerial Meeting held in San José, Costa Rica on 19 March 1998, the Ministers Responsible for Trade recommended to their Heads of State and Government, the initiation of FTAA negotiations. Ministers established the Trade Negotiations Committee (TNC) at the Vice-Ministerial level, as well as nine negotiating groups, one of which is on dispute settlement.3 The TNC, at its meeting in Buenos Aires on 19 June 1998, established the work program for the Negotiating Group on Dispute Settlement (NGDS). The Negotiating Group, inter alia, was instructed to continue the previous work of the Working Group on Dispute Settlement aimed at completing the inventory of dispute settlement mechanisms, procedures and legal texts established in the existing integration schemes, treaties and agreements in the hemisphere, as well as those of the WTO. In fulfillment of this mandate, the NGDS instructed the Tripartite Committee (OAS) to complete the inventory of dispute settlement mechanisms, procedures and legal texts. The present document responds to this instruction.
The focus of this inventory is limited to dispute settlement mechanisms applicable to disputes between states that are subject to a trade agreement and that may arise in this Hemisphere, with the exclusion of disputes involving foreign investment.4 Moreover, the focus has been limited further to general dispute settlement provisions under the agreements covered; and not to provisions that are specific to a particular trade practice, such as dumping or subsidies, or to a particular sector, such as agriculture, government procurement, or the temporary entry of business persons.
Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations and Marrakesh Agreement Establishing the World Trade Organization (which includes in Annex 2: Understanding on Rules and Procedures Governing the Settlement of Disputes) (WTO), 15 April 1994; Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes, WT/DSB/RC/1, 11 December 1996; Working Procedures for Appellate Review, WT/AB/WP/3, 28 February 1997
1. Montevideo Treaty Establishing the Latin American Integration Association (LAIA), 12 August 1980; Resolution 114, Procedure Aimed at Maintaining Compliance with Contractual Obligations, 22 March 1990 2. Cartagena Agreement (Official Codified Text of the Andean Subregional Integration Agreement, which includes changes from the Protocol Modifying the Andean Subregional Integration Agreement, 10 March 1996) (Andean Community), 25 June 1997; Treaty Creating the Court of Justice of the Cartagena Agreement, 25 May 1979; By-Laws of the Court of Justice of the Cartagena Agreement (Decision 184), 19 August 1983; Internal Rules of the Court of Justice of the Cartagena Agreement, 9 May 1984; Protocol Modifying the Treaty Creating the Court of Justice of the Cartagena Agreement, 28 May 1996 (has not entered into force yet) 3. Treaty Establishing the Caribbean Community and Common Market (CARICOM), 4 July 1973; Protocol Amending the Treaty Establishing the Caribbean Community, 1997; Agreement Establishing the Caribbean Court of Justice,______ 4. General Treaty on Central American Economic Integration Between Guatemala, El Salvador, Honduras and Nicaragua (CACM), 13 December 1960; Protocol of Tegulcigalpa to the Charter of the Organization of Central American States, 13 December 1991; Protocol of Guatemala to the General Treaty on Central American Economic Integration, 29 October 1993; Convenio del Estatuto de la Corte Centroamericana de Justicia, 13 December 1992 5. Treaty on Free Trade Between the Republic of Colombia, the Republic of Venezuela and the United Mexican States (Group of Three), 13 June 1994; Decision No. 9 of the Administrative Commission, ____ 6. Treaty of Asuncion Establishing the Southern Common Market (MERCOSUR) 26 March 1991; Council Decision MERCOSUR/CMD/DEC NO. 01/91: Protocol of Brasilia for Dispute Settlement, 17 December 1991; Additional Protocol to the Treaty of Asuncion on the Institutional Structure of Mercosur (Protocol of Ouro Preto), 17 December 1994; Rules of the Protocol of Brasilia for Dispute Settlement, 10 October 1998 7. North American Free Trade Agreement (NAFTA), 17 December 1992; Model Rules of Procedure for Chapter Twenty of the North American Free Trade Agreement; Code of Conduct for Dispute Settlement Procedures under Chapters 19 & 20 of the North American Free Trade Agreement 8. Economic Association Treaty Between Guatemala, Honduras and El Salvador (Tripartite Treaty), 6 February 1960 C. Bilateral Agreements (Group-State) 1. Agreement on Trade, Economic and Technical Cooperation Between the Caribbean Community (CARICOM) and the Government of the Republic of Colombia (CARICOM-Colombia), 24 July 1994 2. Agreement on Trade, Economic and Technical Cooperation Between the Caribbean Community (CARICOM) and the Government of the Republic of Venezuela (CARICOM-Venezuela), 13 October 1992 3. Treaty on Free Trade Between Central America and Dominican Republic (Central America-Dominican Republic), 16 April 1998 4. Economic Complement Agreement No. 36 Mercosur-Bolivia (MERCOSUR-Bolivia), 25 June 1996 5. Economic Complement Agreement No. 35 Mercosur-Chile (MERCOSUR-Chile), 25 June 1996 D. Bilateral Agreements (State-State) 1. Economic Complement Agreement No. 16 Between Argentina and Chile (Argentina-Chile), 2 August 1991; Second Protocol Additional to the Economic Complement Agreement No. 16, 17 June 1992 2. Economic Complement Agreement of Partial Scope Between Argentina and Venezuela (Argentina-Venezuela), 6 October 1992 3. Economic Complement Agreement No. 22 Between the Government of the Republic of Bolivia and the Government of the Republic of Chile (Bolivia-Chile), 6 April 1993 4. Free Trade Agreement Between the Republic of Bolivia and the United Mexican States (Bolivia-Mexico), 10 September 1994 5. Economic Complement Agreement of Partial Scope No. 25 Between Brazil and Peru (Brazil-Peru), 10 February 1994 6. Economic Complement Agreement No. 27 Brazil-Venezuela (Brazil-Venezuela), 15 July 1997 7. Free Trade Agreement Between the Government of Canada and the Government of the Republic of Chile (Canada-Chile), 5 December 1996 8. Economic Complement Agreement No. 24 for the Establishment of an Enlarged Economic Space Between Chile and Colombia (Chile-Colombia), 6 December 1993 9. Economic Complement Agreement No. 32 for the Establishment of an Enlarged Economic Space Between Chile and Ecuador (Chile-Ecuador), 20 December 1994 10. Economic Complement Agreement No. 17 Between the Government of the Republic of Chile and the Government of the United Mexican States (Chile-Mexico), 22 September 1991; Free Trade Treaty Between the Government of the Republic of Chile and the Government of the United Mexican States, _____________ 11. Economic Complement Agreement Between Chile and Peru for the Agreement on a Free Trade Area (Chile-Peru), 22 June 1998 12. Economic Complement Agreement No. 23 for the Establishment of an Enlarged Economic Space Between Chile and Venezuela (Chile-Venezuela), 2 April 1993 13. Agreement of Partial Scope Between the Republic of Colombia and the Republic of Honduras (Colombia-Honduras), _____________. 14. Agreement of Partial Scope Between the Republic of Colombia and the Republic of Nicaragua (Colombia-Nicaragua), ____________. 15. Commercial Convention Between the Government of the Republic of Costa Rica and the Government of the Republic of Argentina (Costa Rica-Argentina), 20 October 1979 16. Agreement of Partial Scope Between Costa Rica and Colombia (Costa Rica-Colombia), 2 March 1984 17. Free Trade Treaty Between the Republic of Costa Rica and the United Mexican States (Costa Rica-Mexico), 5 April 1994 18. Commercial Convention Subscribed Between the Republic of Costa Rica and the Republic of Uruguay (Costa Rica-Uruguay), 24 May 1983 19. Basic Convention of Economic and Trade Cooperation Between the Government of the Republic of Venezuela and the Government of Costa Rica (Costa Rica-Venezuela), 18 June 1980; Convention of Partial Scope Between the Government of Costa Rica and the Government of Venezuela, 21 March 1986 20. Commercial Convention Between the Government of the Dominican Republic and the Government of the Republic of Costa Rica (Dominican Republic-Costa Rica), 18 May 1981 21. Economic Complement Agreement of Partial Scope No. 21 Between Ecuador and Argentina (Ecuador-Argentina), _____________ 22. Agreement of Partial Scope No. 29 Between Ecuador and the United Mexican States (Ecuador-Mexico) _____________ 23. Economic Complement Agreement of Partial Scope No. 30 Between Ecuador and Paraguay (Ecuador-Paraguay), _____________ 24. Economic Complement Agreement No. 28 Between Ecuador and Uruguay (Ecuador-Uruguay), 1 May 1984 25. Agreement of Partial Scope Between the Republic of El Salvador and the Republic of Colombia (El Salvador-Colombia), _____________. 26. Agreement of Partial Scope Between the Republic of Guatemala and the Republic of Colombia (Guatemala-Colombia), _____________. 27. Free Trade Treaty Between the United Mexican States and the Republic of Nicaragua (Mexico-Nicaragua), ____ 28. Agreement of Partial Scope Between the Republic of Panama and the Republic of Colombia (Panama-Colombia), 9 July 1993 29. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Costa Rica (Panama-Costa Rica), 8 June 1973; Rules for the Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Costa Rica, 23 April 1986 30. Commercial Treaty Between the Republic of Panama and the Dominican Republic (Panama-Dominican Republic), 17 July 1985 31. Free Trade and Preferential Exchange Treaty Between the Republic of Panama and the Republic of El Salvador (Panama-El Salvador), 2 June 1970; Rules for the Free Trade and Preferential Exchange Treaty Between the Republic of Panama and the Republic of El Salvador, 14 December 1985 32. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Guatemala (Panama-Guatemala), 20 June 1974; Rules for the Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Guatemala, 22 September 1986 33. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Honduras (Panama-Honduras), 8 November 1973 34. Agreement of Partial Scope Between the Republic of Panama and the United Mexican States (Panama-Mexico), 22 May 1985 35. Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Nicaragua (Panama-Nicaragua), 26 July 1973; Rules for the Free Trade and Preferential Exchange Treaty Between the Republics of Panama and Nicaragua, 25 July 1974 III. Identification of Instruments
WTO Annex 2. Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU); Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes; Working Procedures for Appellate Review
LAIA Chapter VI: Institutional Organization, Articles 35 and 36, Resolution 114 Andean Community Cartagena Agreement, Chapter II, Section E - Concerning the Andean Community Tribunal of Justice, and Section I - Concerning Dispute Settlement; Treaty Creating the Court of Justice of the Cartagena Agreement; By-Laws of the Court of Justice of the Cartagena Agreement; Internal Rules of the Court of Justice of the Cartagena Agreement; Protocol Modifying the Treaty Creating the Court of Justice of the Cartagena Agreement CARICOM CARICOM Treaty, Chapter III: Coordination and Functional Cooperation, Article 19 - Settlement of Disputes, and Annex: The Caribbean Common Market, Chapter II: Organs of the Common Market, Article 11- Disputes Procedure within the Common Market, and Article 12 - Reference to Tribunal; Protocol Amending the Treaty, Articles III, IV, V, VII, VIII, and XI CACM General Treaty, Chapter X: General Provisions, Article XXVI; Protocol de Tegulcigalpa, Article 35 and Transitional Provisions Article 3 Group of Three Chapter XIX: Dispute Settlement, Chapter XX: Administration of the Treaty; Decision No. 9 of the Administrative Commission adopting Model Rules of Procedure governing dispute settlement under Chapter XIX of the Treaty MERCOSUR Treaty of Asuncion, Annex III: Dispute Settlement; Protocol of Brasilia for Dispute Settlement; Protocol of Ouro Preto, Chapter VI: Dispute Settlement System, Annex: General Procedure for Complaints to the MERCOSUR Trade Commission; Rules of the Protocol of Brasilia for Dispute Settlement NAFTA Chapter 20: Institutional Arrangements and Dispute Settlement Procedures; Model Rules of Procedure for Chapter Twenty of the North American Free Trade Agreement; Code of Conduct for Dispute Settlement Procedures under Chapters 19 & 20 of the North American Free Trade Agreement Tripartite Treaty Article XXIX
CARICOM-Colombia Chapter I Article 2: The Joint Council, Chapter IV Article 21: Settlement of Disputes CARICOM-Venezuela Article 2: The Joint Council, Article 17: Settlement of Disputes Central America-Dominican Republic Chapter XVI: Dispute Settlement, Chapter XVIII: Administration of the Treaty MERCOSUR-Bolivia Title VIII: Dispute Settlement, Article 21, Title XVII: Administration and Evaluation of the Agreement, Articles 39 and 40, Annex XI: Dispute Settlement System MERCOSUR-Chile Title VIII: Dispute Settlement, Article 22, Title XIX: Administration and Evaluation of the Agreement, Articles 46 and 47, Annex 14: Dispute Settlement System
Argentina-Chile Chapter XIII: Dispute Settlement, Article 27; Second Additional Protocol Argentina-Venezuela Chapter IX: Administration of the Agreement, Chapter X: Dispute Settlement Bolivia-Chile Chapter XI: Administrative Commission of the Agreement; Chapter XIII: Dispute Settlement Bolivia-Mexico Chapter XVIII: Administration of the Treaty, Chapter XIX: Dispute Settlement Brazil-Peru Annex IV: Dispute Settlement Mechanism Brazil-Venezuela Article 26 Canada-Chile Chapter N: Institutional Arrangements and Dispute Settlement Procedures Chile-Colombia Chapter XVII: Dispute Settlement, Chapter XVIII: Administration of the Agreement Chile-Ecuador Chapter XVIII: Dispute Settlement, Chapter XIX: Administration of the Agreement Chile-Mexico Chapter XVI: Dispute Settlement, Chapter XVII: Administration of the Agreement; Free Trade Treaty, Chapter 17: Administration of the Treaty, Chapter 18: Dispute Settlement Chile-Peru Chapter XVI: Dispute Settlement, Annex 8: Dispute Settlement System Chile-Venezuela Chapter XVI: Dispute Settlement, Chapter XVIII: Administration of the Agreement Colombia-Honduras Chaper XI: Administration of the Agreement Colombia-Nicaragua Chapter XI: Administration of the Agreement Costa Rica-Argentina Article 9 Costa Rica-Colombia Chapter XI: Administration of the Agreement, Articles 18 and 19 Costa Rica-Mexico Chapter XVI: Administration of the Treaty, Chapter XVII: Dispute Settlement Costa Rica-Uruguay Article XII Costa Rica-Venezuela Basic Convention, Article 8; Partial Scope Convention, Chapter XII: Administration of the Agreement, Articles 45-47 Dominican Republic-Costa Rica Second Chapter: Administration of the Convention, Articles XI, XII and XVI Ecuador-Argentina Chapter XII: Dispute Settlement, Article 23 Ecuador-Mexico Chapter XIV: Administration of the Agreement, Article 33 Ecuador-Paraguay Chapter XIV: Administration of the Agreement, Article 40 Ecuador-Uruguay Article 22 El Salvador-Colombia Chapter XI: Administration of the Agreement Guatemala-Colombia Chapter XI: Administration of the Agreement Mexico-Nicaragua Chapter XIX: Administration of the Treaty, Chapter XX: Dispute Settlement Panama-Colombia Chapter XI: Dispute Settlement, Article32, Chapter XIV: Administration of the Agreement, Articles 35 and 36 Panama-Costa Rica Articles 23-25; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 16, 17, and 22, Chapter VI: Concerning Dispute Settlement, Articles 27-31 Panama-Dominican Republic Articles XVI-XVIII Panama-El Salvador Article 18; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 19, 20, and 25, Chapter VI: Concerning Dispute Settlement, Articles 30-34 Panama-Guatemala Articles 21-23; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 19, 20, and 26, Chapter VI: Concerning Dispute Settlement, Articles 31-35 Panama-Honduras Articles 23-25 Panama-Mexico Chapter XIII: Administration of the Agreement, Article 25 Panama-Nicaragua Articles 23-25; Rules, Chapter V: Concerning the Permanent Mixed Commission, Articles 15-17, and 21, Chapter VI: Concerning Dispute Settlement, Articles 26-30 IV. Mechanisms and Procedures for Dispute Settlement in the WTO Agreement
Article 1: 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. Article 2: 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. Article 3: General Provisions 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. 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…. 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.6 12. …[I]f 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.
Article 4: Consultations 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. (footnote omitted) 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.
Article 4: Consultations 3. …. 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. 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. 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….[i]f 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.
Article 4: Consultations 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, 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. (footnote omitted)
Article 5: 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. Article 24: Special Procedures Involving Least-Developed Country Members 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 25: 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. [Special procedures for conciliation by the Director-General, including time-limits, also remain available for disputes between a developing country member and a developed country member. Conciliation: Procedures under Article XXIII (Decision of 5 April 1966), BISD 14S/18.]
Article 2: 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. Article 3: General Provisions 2….Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements. 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.
Article 6: 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. (footnote omitted) 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. Article 8: 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 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. (footnote omitted) 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. Article 9: 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. 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.
Article 13: Right to Seek 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. APPENDIX 4: 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.
Article 17: 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. …. 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.
Working Procedures for Appellate Review, WT/AB/WP3 Chairman Rule 5.
Divisions Rule 6.
Presiding Member of the Division Rule 7.
Article 7: 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. Article 11: 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. Article 13: 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.
APPENDIX 4: EXPERT REVIEW GROUPS 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. …. 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.
Article 17: Appellate Review 6. An appeal shall be limited to issues of law covered in the panel report and legal interpretations developed by the panel. …. 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.
Article 3: 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. …. 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. Article 9: 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. Article 18: 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 20: 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 26 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; …. 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 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;
Article 4: Consultations 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. Article 9: Procedures for Multiple Complainants 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. Article 12: 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. Article 14: 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. Article 15: 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. Article 16: 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. APPENDIX 3: 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. …. 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….
APPENDIX 4: 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. 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.
Article 4: Consultations 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. Article 16: Adoption of Panel Reports 4. Within 60 days after the date of circulation of a panel report to the Members, the report shall be adopted at a DSB meeting7 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. Article 17: Appellate Review 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. …. 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.
Working Procedures for Appellate Review, WT/AB/WP3 PART II: PROCESS General Provisions Rule 16.
Rule 17.
Documents Rule 18.
Ex Parte Communications Rule 19.
Commencement of Appeal Rule 20.
Appellant's Submission Rule 21. |
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