The English Version of This Agreement Shall Prevail

The English Version of This Agreement Shall Prevail

6. Mutually agreed solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements shall be notified to the Dispute Settlement Body and to the relevant Councils and Committees, within which each Member may raise questions in this regard. The above calendar may be modified in light of unforeseen events. If necessary, additional meetings with the parties should be scheduled. (c) apply the procedures set out in Article 22 to determine the level of suspension of concessions or other obligations and to obtain the approval of the dispute settlement body in accordance with those procedures before suspending concessions or other obligations arising from the covered agreements if the Member concerned does not implement the recommendations and decisions within that reasonable period of time. 2. Except as otherwise provided in this Agreement, recourse to arbitration shall be subject to the mutual agreement of the parties who agree on the applicable procedures. Agreements on the use of arbitration shall be notified to all members in good time before the actual commencement of arbitration. 2. Panels shall examine the relevant provisions of all covered agreements cited by the parties to the dispute. 1. The Secretariat shall be responsible for assisting the bodies, in particular in the legal, historical and procedural aspects of the matters dealt with, and for providing the secretariat and technical assistance. 2.

In accordance with Article 3(2), the panel and the Appellate Body shall not supplement or reduce, in their conclusions and recommendations, the rights and obligations provided for in the covered agreements. 8. In cases of urgency, including perishable foodstuffs, Members shall enter into consultations within a maximum period of 10 days of receipt of the request. If the consultations have not resulted in the settlement of the dispute within 20 days of receipt of the request, the complaining Party may request the establishment of a panel. 3. When establishing a panel, the dispute settlement body may authorize its chair to establish the terms of reference of the panel in consultation with the parties to the dispute, subject to paragraph 1. The mandate thus created shall be transmitted to all members. If an atypical work decree is adopted, each member may raise all relevant issues within the Dispute Settlement Body. 10. In the interests of full transparency, the observations, rebuttals and statements referred to in paragraphs 5 to 9 shall be made in the presence of the parties.

In addition, each Party`s written comments, including any comments on the descriptive part of the report and responses to the Panel`s questions, shall be made available to the other Parties or Parties. 9. Working procedures shall be established by the Appellate Body in consultation with the Chair of the Dispute Settlement Body and the Director-General and shall be communicated to members for information. 4. Within 60 days of the date of transmission of a panel report to members, the report shall be adopted at a meeting of the Dispute Settlement Body (7), unless a party to the dispute formally notifies the Dispute Settlement Body of its decision to appeal or the Dispute Settlement Body mutually decides not to accept the report. Where a party has notified its decision on appeal, the panel report shall not be considered for adoption by the dispute settlement body until the complaint has been concluded. This adoption procedure is without prejudice to the right of members to comment on a panel report. (3) The comments made in the report of the panel of the various panel participants are anonymous. 11.

Where one or more of the Parties are members of a developing country, the Panel report shall explicitly indicate the form in which the relevant provisions on differential and more favourable treatment of developing countries that are part of the agreements covered by the developing country Member in dispute settlement proceedings have been taken into account. 2. For any State or body justifying its consent to be bound by this Agreement after the requirements of paragraph 1 have been fulfilled, this Agreement shall enter into force on the thirtieth day following the date on which its consent to the undertaking is established. (a) provide the complaining Party with a detailed statement of reasons in support of all arguments put forward on the issues covered by this paragraph; 3. Citizens of members whose governments (6) are parties to the dispute or third parties within the meaning of Article 10(2) shall not be represented in a panel dealing with that dispute, unless the parties to the dispute agree otherwise. IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly empowered thereto, have signed this Agreement. (e) Where that Party decides to seek authorization to suspend concessions or other obligations in accordance with subparagraphs (b) or (c), it shall state the reasons therefor in its request. In parallel with the transmission of the request to the dispute settlement body, it shall also be transmitted to the competent councils and, in the case of a request referred to in point (b), also to the competent sectoral bodies; 2. Participation in expert groups shall be limited to persons with professional status and experience in the field concerned. 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. Where Article XXIII(1)(b) of the GATT 1994 applies to a covered agreement, a panel or appellate body may make decisions and recommendations only if a party to the dispute considers that a benefit conferred on it directly or indirectly by the relevant covered agreement is nullified or affected by the submission of the request or that the achievement of an objective of this Agreement is impeded. by a Member of any measure, whether or not contrary to the provisions of this Convention. If and to the extent that party reviews and an appellate body determines that a matter concerns a measure that does not conflict with the provisions of a covered agreement to which Article XXIII(1)(b) of the GATT 1994 applies, the procedures of this Agreement shall apply; subject to the following provisions: (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. 5. At its first substantive meeting with the parties, the panel invites the party that made the complaint to present its arguments. Later, and at the same meeting, the party against whom the complaint was filed is invited to present its position.

11. Where a Member other than the Advisory Members considers that it has a substantial commercial interest in consultations taking place in accordance with Article XXII(1) of GATT 1994, Article XXII(1) of the GATS or the corresponding provisions of other covered agreements(4), that Member may so inform the consulting members and the dispute settlement body; within 10 days of the date of transmission of the request for consultation under that Article, of its wish to participate in the consultations. That member shall participate in the consultations, provided that the member to whom the request for consultation has been addressed agrees that the allegation of significant interest is well founded. In that case, they shall inform the Dispute Settlement Body. If the request to participate in the consultations is not granted, the requesting Member is free to request consultations in accordance with Article XXII(1) or Article XXIII(1) of the GATT 1994, Article XXII(1) or Article XXIII(1) of the GATS or the corresponding provisions of other covered agreements. 6. Each party to the dispute shall file its pleadings with the Secretariat for immediate transmission to the panel and the other party to the dispute. .

/ Uncategorized

Share the Post


Comments are closed.