Dsb Agreement

(11) Where one or more of the parties are members of a developing country, the panel`s report explicitly contains the form that has been taken into account the relevant and more favourable treatment provisions for members of developing countries that are part of the covered agreements concluded by the member of the developing country in dispute settlement procedures. 4. If a third party believes that a measure already subject to panel proceedings nullifies or compromises the benefits owed to it under a covered agreement, that member may resort to normal dispute resolution procedures under this agreement. Such a dispute is, as far as possible, referred to the original panel. 5. In the event of agreement or agreement with a covered agreement on the measures taken to comply with the recommendations and decisions, this litigation committee is decided, as far as possible, by appealing to the original body, based on these dispute resolution procedures. The panel distributes its report within 90 days of the date of referral of the case. If the group feels that it is unable to submit its report within this time frame, it informs the SDC in writing of the reasons for the delay, as well as an estimate of the time frame within which it will present its report. (3) The early resolution of situations in which a member believes that all the benefits it presents, directly or indirectly, of the covered agreements are affected by measures taken by another member is essential to the proper functioning of the WTO and to maintaining the right balance between the rights and obligations of members. 2. Unless otherwise stated in this agreement, the use of arbitration is subject to the mutual agreement of the parties agreeing to the procedures to be followed. Arbitration agreements are notified to all members in a timely manner prior to the effective commencement of arbitration.

The DSU is looking at respect and retaliation. Within 30 days of the adoption of the report, the member concerned informs the SSB of its intentions in implementing the recommendations and judgments. If the member declares that it is not possible to comply immediately with the recommendations and judgments, he has a « reasonable period of time » in which he responds to the invitation. This appropriate period should not exceed 15 months. [26] In the absence of agreement on the reasonable period of compliance, this issue is subject to binding arbitration proceedings; the arbitrator is appointed by appointment between the parties. If there is disagreement as to the satisfactory nature of the respondent`s actions to comply with the report, that disagreement must be decided by a court, if possible by the same body that heard the original litigation, but apparently without the possibility of appealing its decision. The DSU provides that the DSB must monitor the implementation of the recommendations, even if the respondent states that he complied with the recommendation in a report and even if the complainant or the proceeding accepts that allegation. [27] 12. Notwithstanding paragraph 11, when a member of a developing country files a complaint on the basis of one of the agreements against a member of a developed country: The complaining party has the right to invoke as an alternative to the provisions of Articles 4, 5, 6 and 12 of this agreement the corresponding provisions of the decision of 5 April 1966 (BISD 14S/18), except that if the proceeding considers that the time frame provided in paragraph 7 of this decision is not sufficient to present its report and may be extended with the consent of the complainant.