Book contents
- Frontmatter
- Contents (outline)
- Contents
- Foreword to the 1995–2013 edition
- List of Abbreviations for Parts I and II
- Part I Appellate Body Reports
- PART II Arbitration Awards under Article 21.3(c) of the DSU
- ARB.1 Mandate of Arbitrator under Article 21.3(c)
- ARB.2 Prompt Compliance
- ARB.3 Withdrawal or Modification of the Measure
- ARB.4 “Reasonable Period of Time”
- ARB.5 “Particular Circumstances”
- ARB.6 Burden of Proof
- Annexes
- Abbreviations used in the Table of References to the Covered Agreements and Other Instruments and in the Indexes
- Table of References to the Covered Agreements and Other Instruments by Article
- Subject Index
- Subject Index by Case (Appellate Body Reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
ARB.5 - “Particular Circumstances”
from PART II - Arbitration Awards under Article 21.3(c) of the DSU
Published online by Cambridge University Press: 05 March 2015
- Frontmatter
- Contents (outline)
- Contents
- Foreword to the 1995–2013 edition
- List of Abbreviations for Parts I and II
- Part I Appellate Body Reports
- PART II Arbitration Awards under Article 21.3(c) of the DSU
- ARB.1 Mandate of Arbitrator under Article 21.3(c)
- ARB.2 Prompt Compliance
- ARB.3 Withdrawal or Modification of the Measure
- ARB.4 “Reasonable Period of Time”
- ARB.5 “Particular Circumstances”
- ARB.6 Burden of Proof
- Annexes
- Abbreviations used in the Table of References to the Covered Agreements and Other Instruments and in the Indexes
- Table of References to the Covered Agreements and Other Instruments by Article
- Subject Index
- Subject Index by Case (Appellate Body Reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
Summary
General
ARB.5.1.1 Japan – Alcoholic Beverages II, para. 11
(WT/DS8/15, WT/DS10/15, WT/DS11/13)
… Article 21(3)(c) of the DSU also stipulates, however, that the “reasonable period of time” may be shorter or longer than 15 months, depending upon the “particular circumstances”. The term, “particular circumstances”, is not defined in the DSU.
ARB.5.1.2 Japan – Alcoholic Beverages II, para. 27
(WT/DS8/15, WT/DS10/15, WT/DS11/13)
As stated in Article 3(2) of the DSU, the dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system. Therefore, all WTO Members have a strong interest in prompt compliance with and full implementation of the recommendations and rulings of the DSB. This interest is clearly reflected in the provisions of the DSU, and in particular in Article 21(3)(c), which stipulates that a “reasonable period of time” for implementation should not exceed 15 months unless there are “particular circumstances” justifying a longer or shorter period. In this case, I am not persuaded that the “particular circumstances” advanced by Japan and the United States justify a departure from the 15-month “guideline” either way. …
ARB.5.1.3 Australia – Salmon, para. 38
(WT/DS18/9)
It has been pointed out that the arbitrator is not obliged to grant 15 months as the reasonable period for implementation in all cases. “Particular circumstances” justifying a longer or shorter period must be taken into account on a case-by-case basis. In the present case, there are certain considerations which persuade me that the reasonable period of time should be significantly less than 15 months. …
ARB.5.1.4 Chile – Alcoholic Beverages, para. 39
(WT/DS87/15, WT/DS110/14)
The concept of reasonableness, which is, of course, built into the notion of “a reasonable period of time” for implementation, inherently involves taking into account the relevant circumstances. In some cases these circumstances may be singular or few in number but in other cases they may be multiple.
- Type
- Chapter
- Information
- WTO Appellate Body Repertory of Reports and Awards1995–2013, pp. 1684 - 1734Publisher: Cambridge University PressPrint publication year: 2014
- 1
- Cited by