First Hearing: The Complaining Country`s Arguments and The Defence: The complaining country(ies), the responding country(ies) and those that have announced that they have an interest in the dispute shall plead their case at the first hearing of the panel. 1. The rules and procedures of this Agreement shall apply to disputes brought under the consultation and dispute settlement provisions of the agreements listed in Appendix 1 to this Agreement (hereinafter referred to in this Agreement as the “Covered Agreement”). The rules and procedures of this Agreement 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 WTO Agreement) and this Agreement, either in isolation or in combination with other covered agreements. 10. Where there is a dispute between a member of a developing country and a member of an industrialized country, the Group shall, at the request of the developing country, convene at least one panelist from a developing country member. The World Trade Organization (WTO) Dispute Settlement Agreement establishes a set of rules and procedures and provides a forum for the settlement of trade disputes between WTO member countries. If disputes cannot be resolved, the agreement allows for the application of trade sanctions against the member country that has violated a WTO agreement. 2. Written submissions to the panel or appellate body shall be treated as confidential but shall be made available to the parties to the dispute. Nothing in this Agreement shall prevent a disputing party from disclosing its views to the public.
Members shall treat as confidential information that another Member has provided to the Panel or the Appellate Body and that that Member has designated as confidential. A disputing party shall also, at the request of a Member, provide a non-confidential summary of the information contained in its written submissions that may be made available to the public. 6. The panel of experts shall submit a draft report to the parties to the dispute to enable them to submit their comments and, where appropriate, take them into account in the final report, which shall also be submitted to the parties to the dispute when submitted to the panel. The final report of the expert group is provided in an advisory capacity only. (3) The other members may become parties to the arbitration only with the consent of the parties who have agreed to invoke the arbitration. The parties to the proceedings undertake to respect the arbitral award. Arbitral awards shall be notified to the Dispute Settlement Body and to the Council or Committee of any relevant agreement in which a Member may comment in this regard. (3) Good offices, conciliation or mediation may be requested by any party to the dispute at any time. They can start at any time and be finished at any time. Once the good offices, conciliation or mediation procedures have been completed, a complaining Party may submit a request for the establishment of a panel. Taking into account the relevant provisions in (name of agreement(s) cited by the parties to the dispute), the dispute supervisory body with (name of party) in the document.
and to make findings to assist the Dispute Settlement Body in making recommendations or taking decisions provided for in the agreement or agreements. (b) Where, in cases relating to matters covered by this paragraph, a panel finds that the cases are also dispute settlement matters other than those covered by this paragraph, the panel shall circulate to the dispute settlement body a report on those matters and a separate report on the matters covered by this paragraph. 2. Upon expiry of the time limit for receipt of comments from the parties to the dispute, the panel shall prepare an interim report for the parties containing both the descriptive sections and the panel`s findings. Within a time limit set by the Panel, a Party may submit to the Panel a written request for consideration of certain aspects of the interim report before the final report is circulated 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 transmitted to the Members without delay. 7. Before lodging an appeal, a member shall decide whether an appeal under these procedures would be admissible. The purpose of the dispute settlement mechanism is to ensure a positive resolution of a dispute. A solution that is mutually acceptable to the parties to the dispute and consistent with the agreements involved is clearly preferable. In the absence of an amicable solution, the primary objective of the dispute settlement mechanism is generally to ensure the withdrawal of the measures concerned if they are found to be inconsistent with the provisions of one of the covered agreements.
The award of compensation should only be used where the immediate withdrawal of the measure is not feasible and as a temporary measure until the withdrawal of the measure incompatible with a covered agreement. The last remedy offered by this Agreement to the Member on the basis of dispute settlement procedures is the possibility of suspending the application of concessions or other obligations under the Covered Agreements on a discriminatory basis against the other Member, subject to the approval of such measures by the Dispute Settlement Body. 10. For recommendations in cases where there is no violation of GATT 1994 or any other covered agreement, see Article 26. back to text 6. Where customs unions or common markets are parties to the dispute, this provision shall apply to citizens of all Member States of customs unions or common markets. the function of panels is to assist the panel in carrying out its tasks under this Agreement and the covered agreements. Accordingly, a panel should make an objective assessment of the case before it, including an objective assessment of the facts of the case and the applicability and consistency with the relevant covered agreements, and draw other conclusions to assist the dispute settlement body in making the recommendations or taking the decisions provided for in the covered agreements. .