Amy Horn

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Wto Agreement Dispute Settlement

2. Upon expiry of the time limit for receipt of comments from the parties to the dispute, the panel shall submit to the parties an interim report containing both the descriptive sections and the panel`s findings. Within a time limit set by the Panel, a Party may submit a written request to the Panel to consider certain detailed aspects of the interim report before submitting the final report to Members. At the request of a Party, the Panel shall hold a further meeting with the Parties on the matters referred to in the written comments. If no comments are received from a Party during the comment period, the interim report shall be deemed to be the final report of the panel and shall be sent to members without delay. Nineteen arbitrators under article 22, paragraph 6, have been withtrated so far; a list of these prices can be found under www.worldtradelaw.net/reports/226awards/suspensionawards.asp. Of the 19 awards, two concern retaliatory claims by the United States (European Communities – Measures on Meat and Meat Products (Hormones)(EC – Hormones)(DS26) and European Communities – Regime for the Import, Sale and Distribution of Bananas (EC – Bananas)(DS27), while 12 awards are subject to retaliation by WTO Members against the United States. The 12 awards include litigation on five different issues: United States – Tax Treatment for “Foreign Distributors” (United States – FSC) (DS108); United States – Anti-Dumping Act of 1916 (DS136); United States – Continued Dumping and Subsidy Offset Act of 2000 (United States—CDSOA (Byrd Amendment))(DS217/DS234); United States – Subsidies for Highland Cotton (DS 267); and United States – measures affecting the cross-border supply of gambling and betting services (DS285). The US has requested authorisation to impose sanctions on both EU hormones and EU bananas as a result of the arbitral awards and has imposed increased tariffs on EU goods in each case; The continuation of U.S. sanctions in the case of EC hormones is discussed in the text on pages 10-12.

Below are the steps of a WTO dispute settlement procedure with the applicable DSU articles. The committee is usually composed of three people. The WTO Secretariat proposes to the parties to the dispute the names of the participants in the discussion, who can only oppose it on “compelling reasons” (Article 8.6). If the parties to the dispute do not reach an agreement on the panelists within 20 days of the date of establishment of the panel, either party to the dispute may request the Director-General of the WTO to appoint the panel members. Since the Director-General can only act on request in this situation, it is possible that the disputing members do not make such a request immediately or not at all, so that they can try to settle their dispute before the start of the legal proceedings. 11. If a Member other than the Consultative Members considers that it has a significant commercial interest in consultations in accordance with Article XXII(1) of THE GATT 1994, Article XXII(1) of the GATS or the corresponding provisions of other covered agreements (4), that Member may inform the Consultative Members and the DSB thereof within 10 days of the date of circulation of the request for consultation under this Article. Participate in consultations. That member will participate in the consultations provided that the member to whom the request for consultation has been addressed agrees that the allegation is of significant interest.

In this case, they inform the DSB here. If the request to participate in 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. Here is how the WTO dispute settlement procedure works: if the dispute is not resolved within 60 days, the complaining Member may request a panel […].

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