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Members hereby
agree as follows:
Article 1:Coverage and Application
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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.
Article 2: Administration back to top
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)
Article 3: General Provisions back to top
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.
Article 4: Consultations back to top
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.
Article 5: Good Offices, Conciliation and
Mediation
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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 6: Establishment of Panels
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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.
Article
7: Terms of Reference of Panels back to top
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 8:
Composition of Panels back to top
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.
Article 9:
Procedures for Multiple
Complainants back to top
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 10:
Third Parties back to top
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.
Article 11:
Function of Panels back to top
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 12:
Panel Procedures back to top
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 13:
Right to Seek Information back to top
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.
Article 14:
Confidentiality back to top
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 back to top
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 back to top
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.
Article 17:
Appellate Review back to top
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 18:
Communications with the Panel or
Appellate Body back to top
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 19:
Panel and Appellate Body
Recommendations back to top
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 20: Time-frame for DSB Decisions back to top
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 21: Surveillance of Implementation of
Recommendations and Rulings back to top
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 22: Compensation and the Suspension
of Concessions back to top
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 23: Strengthening of the Multilateral
System back to top
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 24: Special Procedures Involving
Least-Developed Country Members back to top
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 25: Arbitration back to top
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.
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 27: Responsibilities of the
Secretariat back to top
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 1: Agreements Covered by the Understanding back to top
(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.
Contained in the Covered Agreements
back to top
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 3: Working Procedures
back to top
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: |
_______ |
3-6
weeks |
|
|
(2)
Party complained against: |
_______ |
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 4: Expert Review Groups
back to top
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.
|
