The English Version of This Agreement Shall Prevail

The English Version of This Agreement Shall Prevail

3. The Appellate Body shall be composed of persons of recognised authority with proven expertise in the fields of law, international trade and the subject matter of the agreements covered in general. They must not belong to any government. The composition of the Appellate Body is broadly representative of the composition of the WTO. All persons who are members of the Appellate Body will be available at any time and at short notice and will keep abreast of the WTO`s dispute settlement and other relevant activities. They shall not participate in the examination of disputes which give rise to a direct or indirect conflict of interest. 6. The dispute settlement body shall monitor the implementation of the recommendations or decisions adopted. The question of the implementation of recommendations or decisions may be raised by any Member at any time after their adoption by the Dispute Settlement Body. Unless the Dispute Settlement Body decides otherwise, the question of the implementation of recommendations or rulings shall be placed on the agenda of the meeting of the Dispute Settlement Body after six months from the date of setting the reasonable period of time referred to in paragraph 3 and shall remain on the agenda of the Dispute Settlement Body until the matter is resolved. At least 10 days before each such meeting of the Dispute Settlement Body, the Member concerned shall submit in writing to the Dispute Settlement Body a progress report on its progress in implementing the recommendations or decisions.

5. Any solution to issues formally raised under the consultation and dispute settlement provisions of the covered agreements, including arbitral awards, shall be consistent with such agreements and shall not nullify or impair the benefits enjoyed by a Member under such agreements or impede the achievement of any objective of such agreements. The list of rules and procedures in this Annex contains provisions for which only part of the provision may be relevant in this context. 2. Panels shall examine the relevant provisions of all covered agreements cited by the parties to the dispute. 3. Where more than one panel is established to consider complaints on the same issue, the same persons shall act as panel members to the extent possible within each panel and the timing of the proceedings in such disputes shall be harmonized. 6. Consultations shall be confidential and without prejudice to the rights of a Member in subsequent proceedings. 6. The Secretariat shall propose to the parties to the dispute appointments for the panel. The parties to the dispute may oppose applications only for compelling reasons.

2. While the Secretariat assists Members in resolving disputes at their request, it may also be necessary to provide additional legal advice and dispute settlement assistance to developing country Members. To this end, the Secretariat shall make available to each developing country, upon request, a qualified legal expert from the WTO Technical Cooperation Services. This expert shall assist the member of the developing country in order to ensure the continued impartiality of the Secretariat. The above calendar may be modified in light of unforeseen events. If necessary, additional meetings with the parties should be scheduled. (3) The comments made in the report of the panel of the various panel participants are anonymous. 9. The dispute settlement provisions of covered agreements may be invoked for measures affecting their compliance that are taken by governments or regional or local authorities in the territory of a Member. Where the Dispute Settlement Body has decided that a provision of a covered convention has not been complied with, the responsible member shall take appropriate measures at its disposal to ensure compliance. The provisions of the covered agreements and of this Agreement on compensation and suspension of concessions or other obligations shall apply in cases where such compliance could not be ensured.

(17) Where Article XXIII. (1) (c) of the GATT 1994 applies to a covered agreement, a panel may take decisions and recommendations only if a party considers that a benefit derived directly or indirectly from the protected agreement in question is nullified or affected or that the achievement of an objective of this Agreement is impeded by the existence of a situation other than this. Article XXIII (1) (a) and (b) of the GATT 1994. If and to the extent that party considers that the matter falls within the scope of this paragraph and a panel determines that the matter falls within the scope of this paragraph, the procedures of this Agreement shall apply only until the date of the proceedings, when the panel report has been circulated to Members. The rules and procedures laid down in the Decision of 12 April 1989 (BISD 36S/61-67) shall apply to the consideration of adoption and to the follow-up and implementation of recommendations and decisions. In addition, 7. In the case of a matter raised by a member of a developing country, the Dispute Settlement Body shall consider other measures it may take depending on the circumstances. 4. Articles 21 and 22 of this Agreement shall apply mutatis mutandis to arbitral awards. 5.

In the event of disagreement as to whether measures have been taken to implement the recommendations and rulings, whether a covered agreement exists or is consistent with a covered agreement, that dispute shall be resolved through the use of such dispute settlement procedures, including, where possible, recourse to the original panel. The Panel shall circulate its report within 90 days of the date of referral of the case. If the Panel considers that it is not in a position to submit its report within this period, it shall inform the Dispute Settlement Body in writing of the reasons for the delay, as well as an estimate of the time limit within which it will submit its report. 2. The rules and procedures of this Agreement shall apply subject to specific or additional dispute settlement rules and procedures contained in the covered agreements, as set out in Appendix 2 to this Agreement. To the extent that there are differences between the rules and procedures of this Agreement and the special or additional rules and procedures set out in Annex 2, the special or additional rules and procedures set out in Annex 2 shall prevail. In the case of disputes concerning rules and procedures under more than one covered agreement, there is a conflict between special or supplementary rules and procedures of those agreements that are devoid of purpose and the parties to the dispute cannot agree on rules and procedures within 20 days of the establishment of the panel, the Chair of the Dispute Settlement Body provided for in Article 2(1) (in this Agreement, as a dispute settlement body). ), in consultation with the parties to the dispute, shall lay down the rules and procedures to be followed within 10 days of the request of one of the two members. The President shall be guided by the principle that, to the extent possible, special or additional rules and procedures should be applied and that the rules and procedures established in this Agreement should be applied to the extent necessary to avoid conflicts.

(g) For the purposes of this paragraph, agreement means: 5. The parties to the dispute shall have access to all relevant information submitted to a group of experts for consideration, unless it is of a confidential nature. Confidential information made available to the Panel of Experts for review shall not be disclosed without the formal authorization of the government, organization or person providing the information. Where such information is requested by the Expert Review Panel but disclosure of such information by the Expert Review Panel is not permitted, a non-confidential summary of the information shall be provided by the Government, organization or person providing the information. 3. After hearing the parties to the dispute, the panellists shall determine, as soon as possible and, if possible, within one week of the agreement on the composition and terms of reference of the panel, the timetable for the proceedings, taking into account, where appropriate, the provisions of Article 4(9). (7) The arbitrator acting in accordance with subsection 6(16) shall not consider the nature of the concessions or other obligations to be suspended: but shall determine whether the level of suspension is equivalent to the degree of cancellation or impairment […].

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