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III - Dispute Settlement Decisions of the Contracting Parties to the GATT 1947 Referred to in the DSU

Published online by Cambridge University Press:  05 September 2012

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Summary

Decision of 12 April 1989 on Improvements to the GATT Dispute Settlement Rules and Procedures (BISD 36S/61)

Montreal Decision referred to in DSU 26.2 at p. 30, applicable to situation complaints under GATT 1994 Art. XXIII(1)(c).

Adoption of Panel Reports

1. In order to provide sufficient time for the members of the Council to consider panel reports, the reports shall not be considered for adoption by the Council until thirty days after they have been issued to the contracting parties.

2. Contracting parties having objections to panel reports shall give written reasons to explain their objections for circulation at least ten days prior to the Council meeting at which the panel report will be considered.

3. The parties to a dispute shall have the right to participate fully in the consideration of the panel report by the Council, and their views shall be fully recorded. The practice of adopting panel reports by consensus shall be continued, without prejudice to the GATT provisions on decision-making which remain applicable. However, the delaying of the process of dispute settlement shall be avoided.

4. The period from the request under Article XXII:1 or Article XXIII:1 until the Council takes a decision on the panel report shall not, unless agreed to by the parties, exceed fifteen months. The provisions of this paragraph shall not affect the provisions of paragraph 6 of Section F(f).

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Chapter
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The WTO Dispute Settlement Procedures
A Collection of the Relevant Legal Texts
, pp. 58 - 61
Publisher: Cambridge University Press
Print publication year: 2012

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