dublin《关于争端解决规则和程序的谅解书》(英文)

2021年1月21日发(作者：代卖)

ANNEX 2
UNDERSTANDING ON RULES AND PROCEDURES
GOVERNING THE SETTLEMENT OF DISPUTES
Members hereby agree as follows:
Article 1
Coverage and Application
1. The rules and procedures of this Understanding shall apply to disputes brought pursuant to
the consultation and dispute settlement provisions of the agreements listed in Appendix 1 to
this Understanding (referred to in this Understanding as the
and procedures of this Understanding 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 Understanding as the

covered agreement.
2. The rules and procedures of this Understanding shall apply subject to such special or
additional rules and procedures on dispute settlement contained in the covered agreements as
are identified in Appendix 2 to this Understanding. To the extent that there is a difference
between the rules and procedures of this Understanding and the special or additional rules and
procedures set forth in Appendix 2, the special or additional rules and procedures in Appendix
2 shall prevail. In disputes involving rules and procedures under more than one covered
agreement, if there is a conflict between special or additional rules and procedures of such
agreements under review, and where the parties to the dispute cannot agree on rules and
procedures within 20 days of the establishment of the panel, the Chairman of the Dispute
Settlement Body provided for in paragraph 1 of Article 2 (referred to in this Understanding as
the
procedures to be followed within 10 days after a request by either Member. The Chairman shall
be guided by the principle that special or additional rules and procedures should be used
where possible, and the rules and procedures set out in this Understanding should be used to
the extent necessary to avoid conflict.

Article 2
Administration
1. The Dispute Settlement Body is hereby established to administer these rules and procedures
and, except as otherwise provided in a covered agreement, the consultation and dispute
settlement provisions of the covered agreements. Accordingly, the DSB shall have the authority
to establish panels, adopt panel and Appellate Body reports, maintain surveillance of
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implementation of rulings and recommendations, and authorize suspension of concessions and
other obligations under the covered agreements. With respect to disputes arising under a
covered agreement which is a Plurilateral Trade Agreement, the term
shall refer only to those Members that are parties to the relevant Plurilateral Trade
Agreement. Where the DSB administers the dispute settlement provisions of a Plurilateral Trade
Agreement, only those Members that are parties to that Agreement may participate in decisions
or actions taken by the DSB with respect to that dispute.
2. The DSB shall inform the relevant WTO Councils and Committees of any developments in
disputes related to provisions of the respective covered agreements.
3. The DSB shall meet as often as necessary to carry out its functions within the time-frames
provided in this Understanding.
4. Where the rules and procedures of this Understanding provide for the DSB to take a decision,
it shall do so by consensus.

Article 3
General Provisions
1. Members affirm their adherence to the principles for the management of disputes heretofore
applied under Articles XXII and XXIII of GATT 1947, and the rules and procedures as further
elaborated and modified herein.
2. The dispute settlement system of the WTO is a central element in providing security and
predictability to the multilateral trading system. The Members recognize that it serves to
preserve the rights and obligations of Members under the covered agreements, and to clarify
the existing provisions of those agreements in accordance with customary rules of
interpretation of public international law. Recommendations and rulings of the DSB cannot add
to or diminish the rights and obligations provided in the covered agreements.
3. The prompt settlement of situations in which a Member considers that any benefits accruing
to it directly or indirectly under the covered agreements are being impaired by measures taken
by another Member is essential to the effective functioning of the WTO and the maintenance of
a proper balance between the rights and obligations of Members.
4. Recommendations or rulings made by the DSB shall be aimed at achieving a satisfactory
settlement of the matter in accordance with the rights and obligations under this
Understanding and under the covered agreements.
5. All solutions to matters formally raised under the consultation and dispute settlement
provisions of the covered agreements, including arbitration awards, shall be consistent with
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those agreements and shall not nullify or impair benefits accruing to any Member under those
agreements, nor impede the attainment of any objective of those agreements.
6. Mutually agreed solutions to matters formally raised under the consultation and dispute
settlement provisions of the covered agreements shall be notified to the DSB and the relevant
Councils and Committees, where any Member may raise any point relating thereto.
7. Before bringing a case, a Member shall exercise its judgement as to whether action under
these procedures would be fruitful. The aim of the dispute settlement mechanism is to secure a
positive solution to a dispute. A solution mutually acceptable to the parties to a dispute and
consistent with the covered agreements is clearly to be preferred. In the absence of a
mutually agreed solution, the first objective of the dispute settlement mechanism is usually
to secure the withdrawal of the measures concerned if these are found to be inconsistent with
the provisions of any of the covered agreements. The provision of compensation should be
resorted to only if the immediate withdrawal of the measure is impracticable and as a
temporary measure pending the withdrawal of the measure which is inconsistent with a covered
agreement. The last resort which this Understanding provides to the Member invoking the
dispute settlement procedures is the possibility of suspending the application of concessions
or other obligations under the covered agreements on a discriminatory basis vis-
à
-vis the
other Member, subject to authorization by the DSB of such measures.
8. In cases where there is an infringement of the obligations assumed under a covered
agreement, the action is considered prima facie to constitute a case of nullification or
impairment. This means that there is normally a presumption that a breach of the rules has an
adverse impact on other Members parties to that covered agreement, and in such cases, it shall
be up to the Member against whom the complaint has been brought to rebut the charge.
9. The provisions of this Understanding are without prejudice to the rights of Members to seek
authoritative interpretation of provisions of a covered agreement through decision-making
under the WTO Agreement or a covered agreement which is a Plurilateral Trade Agreement.
10. It is understood that requests for conciliation and the use of the dispute settlement
procedures should not be intended or considered as contentious acts and that, if a dispute
arises, all Members will engage in these procedures in good faith in an effort to resolve the
dispute. It is also understood that complaints and counter-complaints in regard to distinct
matters should not be linked.
11. This Understanding shall be applied only with respect to new requests for consultations
under the consultation provisions of the covered agreements made on or after the date of entry
into force of the WTO Agreement. With respect to disputes for which the request for
consultations was made under GATT 1947 or under any other predecessor agreement to the covered
agreements before the date of entry into force of the WTO Agreement, the relevant dispute
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settlement rules and procedures in effect immediately prior to the date of entry into force of
the WTO Agreement shall continue to apply.
12. Notwithstanding paragraph 11, if a complaint based on any of the covered agreements is
brought by a developing country Member against a developed country Member, the complaining
party shall have the right to invoke, as an alternative to the provisions contained in
Articles 4, 5, 6 and 12 of this Understanding, the corresponding provisions of the Decision of
5 April 1966 (BISD 14S/18), except that where the Panel considers that the time-frame provided
for in paragraph 7 of that Decision is insufficient to provide its report and with the
agreement of the complaining party, that time- frame may be extended. To the extent that there
is a difference between the rules and procedures of Articles 4, 5, 6 and 12 and the
corresponding rules and procedures of the Decision, the latter shall prevail.

Article 4
Consultations
1. Members affirm their resolve to strengthen and improve the effectiveness of the
consultation procedures employed by Members.
2. Each Member undertakes to accord sympathetic consideration to and afford adequate
opportunity for consultation regarding any representations made by another Member concerning
measures affecting the operation of any covered agreement taken within the territory of the
former.
3. If a request for consultations is made pursuant to a covered agreement, the Member to which
the request is made shall, unless otherwise mutually agreed, reply to the request within 10
days after the date of its receipt and shall enter into consultations in good faith within a
period of no more than 30 days after the date of receipt of the request, with a view to
reaching a mutually satisfactory solution. If the Member does not respond within 10 days after
the date of receipt of the request, or does not enter into consultations within a period of no
more than 30 days, or a period otherwise mutually agreed, after the date of receipt of the
request, then the Member that requested the holding of consultations may proceed directly to
request the establishment of a panel.
4. All such requests for consultations shall be notified to the DSB and the relevant Councils
and Committees by the Member which requests consultations. Any request for consultations shall
be submitted in writing and shall give the reasons for the request, including identification
of the measures at issue and an indication of the legal basis for the complaint.
5. In the course of consultations in accordance with the provisions of a covered agreement,
before resorting to further action under this Understanding, Members should attempt to obtain
satisfactory adjustment of the matter.
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6. Consultations shall be confidential, and without prejudice to the rights of any Member in
any further proceedings.
7. If the consultations fail to settle a dispute within 60 days after the date of receipt of
the request for consultations, the complaining party may request the establishment of a panel.
The complaining party may request a panel during the 60-day period if the consulting parties
jointly consider that consultations have failed to settle the dispute.
8. In cases of urgency, including those which concern perishable goods, Members shall enter
into consultations within a period of no more than 10 days after the date of receipt of the
request. If the consultations have failed to settle the dispute within a period of 20 days
after the date of receipt of the request, the complaining party may request the establishment
of a panel.
9. In cases of urgency, including those which concern perishable goods, the parties to the
dispute, panels and the Appellate Body shall make every effort to accelerate the proceedings
to the greatest extent possible.
10. During consultations Members should give special attention to the particular problems and
interests of developing country Members.
11. Whenever a Member other than the consulting Members considers that it has a substantial
trade interest in consultations being held pursuant to paragraph 1 of Article XXII of GATT
1994, paragraph 1 of Article XXII of GATS, or the corresponding provisions in other covered
agreements , such Member may notify the consulting Members and the DSB, within 10 days after
the date of the circulation of the request for consultations under said Article, of its desire
to be joined in the consultations. Such Member shall be joined in the consultations, provided
that the Member to which the request for consultations was addressed agrees that the claim of
substantial interest is well-founded. In that event they shall so inform the DSB. If the
request to be joined in the consultations is not accepted, the applicant Member shall be free
to request consultations under paragraph 1 of Article XXII or paragraph 1 of Article XXIII of
GATT 1994, paragraph 1 of Article XXII or paragraph 1 of Article XXIII of GATS, or the
corresponding provisions in other covered agreements.

Article 5
Good Offices, Conciliation and Mediation
1. Good offices, conciliation and mediation are procedures that are undertaken voluntarily if
the parties to the dispute so agree.
2. Proceedings involving good offices, conciliation and mediation, and in particular positions
taken by the parties to the dispute during these proceedings, shall be confidential, and
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without prejudice to the rights of either party in any further proceedings under these
procedures.
3. Good offices, conciliation or mediation may be requested at any time by any party to a
dispute. They may begin at any time and be terminated at any time. Once procedures for good
offices, conciliation or mediation are terminated, a complaining party may then proceed with a
request for the establishment of a panel.
4. When good offices, conciliation or mediation are entered into within 60 days after the date
of receipt of a request for consultations, the complaining party must allow a period of 60
days after the date of receipt of the request for consultations before requesting the
establishment of a panel. The complaining party may request the establishment of a panel
during the 60-day period if the parties to the dispute jointly consider that the good offices,
conciliation or mediation process has failed to settle the dispute.
5. If the parties to a dispute agree, procedures for good offices, conciliation or mediation
may continue while the panel process proceeds.
6. The Director- General may, acting in an ex officio capacity, offer good offices,
conciliation or mediation with the view to assisting Members to settle a dispute.

Article 6
Establishment of Panels
1. If the complaining party so requests, a panel shall be established at the latest at the DSB
meeting following that at which the request first appears as an item on the DSB's agenda,
unless at that meeting the DSB decides by consensus not to establish a panel.
2. The request for the establishment of a panel shall be made in writing. It shall indicate
whether consultations were held, identify the specific measures at issue and provide a brief
summary of the legal basis of the complaint sufficient to present the problem clearly. In case
the applicant requests the establishment of a panel with other than standard terms of
reference, the written request shall include the proposed text of special terms of reference.

Article 7
Terms of Reference of Panels
1. Panels shall have the following terms of reference unless the parties to the dispute agree
otherwise within 20 days from the establishment of the panel:
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cited by the parties to the dispute), the matter referred to the DSB by (name of party) in
document ... and to make such findings as will assist the DSB in making the recommendations or
in giving the rulings provided for in that/those agreement(s).
2. Panels shall address the relevant provisions in any covered agreement or agreements cited
by the parties to the dispute.
3. In establishing a panel, the DSB may authorize its Chairman to draw up the terms of
reference of the panel in consultation with the parties to the dispute, subject to the
provisions of paragraph 1. The terms of reference thus drawn up shall be circulated to all
Members. If other than standard terms of reference are agreed upon, any Member may raise any
point relating thereto in the DSB.

Article 8
Composition of Panels
1. Panels shall be composed of well-qualified governmental and/or non-governmental individuals,
including persons who have served on or presented a case to a panel, served as a
representative of a Member or of a contracting party to GATT 1947 or as a representative to
the Council or Committee of any covered agreement or its predecessor agreement, or in the
Secretariat, taught or published on international trade law or policy, or served as a senior
trade policy official of a Member.
2. Panel members should be selected with a view to ensuring the independence of the members, a
sufficiently diverse background and a wide spectrum of experience.
3. Citizens of Members whose governments are parties to the dispute or third parties as
defined in paragraph 2 of Article 10 shall not serve on a panel concerned with that dispute,
unless the parties to the dispute agree otherwise.
4. To assist in the selection of panelists, the Secretariat shall maintain an indicative list
of governmental and non-governmental individuals possessing the qualifications outlined in
paragraph 1, from which panelists may be drawn as appropriate. That list shall include the
roster of non- governmental panelists established on 30 November 1984 (BISD 31S/9), and other
rosters and indicative lists established under any of the covered agreements, and shall retain
the names of persons on those rosters and indicative lists at the time of entry into force of
the WTO Agreement. Members may periodically suggest names of governmental and non-governmental
individuals for inclusion on the indicative list, providing relevant information on their
knowledge of international trade and of the sectors or subject matter of the covered
agreements, and those names shall be added to the list upon approval by the DSB. For each of
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the individuals on the list, the list shall indicate specific areas of experience or expertise
of the individuals in the sectors or subject matter of the covered agreements.
5. Panels shall be composed of three panelists unless the parties to the dispute agree, within
10 days from the establishment of the panel, to a panel composed of five panelists. Members
shall be informed promptly of the composition of the panel.
6. The Secretariat shall propose nominations for the panel to the parties to the dispute. The
parties to the dispute shall not oppose nominations except for compelling reasons.
7. If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council or
Committee, shall determine the composition of the panel by appointing the panelists whom the
Director-General considers most appropriate in accordance with any relevant special or
additional rules or procedures of the covered agreement or covered agreements which are at
issue in the dispute, after consulting with the parties to the dispute. The Chairman of the
DSB shall inform the Members of the composition of the panel thus formed no later than 10 days
after the date the Chairman receives such a request.
8. Members shall undertake, as a general rule, to permit their officials to serve as panelists.
9. Panelists shall serve in their individual capacities and not as government representatives,
nor as representatives of any organization. Members shall therefore not give them instructions
nor seek to influence them as individuals with regard to matters before a panel.
10. When a dispute is between a developing country Member and a developed country Member the
panel shall, if the developing country Member so requests, include at least one panelist from
a developing country Member.
11. Panelists' expenses, including travel and subsistence allowance, shall be met from the WTO
budget in accordance with criteria to be adopted by the General Council, based on
recommendations of the Committee on Budget, Finance and Administration.

Article 9
Procedures for Multiple Complainants
1. Where more than one Member requests the establishment of a panel related to the same matter,
a single panel may be established to examine these complaints taking into account the rights
of all Members concerned. A single panel should be established to examine such complaints
whenever feasible.
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2. The single panel shall organize its examination and present its findings to the DSB in such
a manner that the rights which the parties to the dispute would have enjoyed had separate
panels examined the complaints are in no way impaired. If one of the parties to the dispute so
requests, the panel shall submit separate reports on the dispute concerned. The written
submissions by each of the complainants shall be made available to the other complainants, and
each complainant shall have the right to be present when any one of the other complainants
presents its views to the panel.
3. If more than one panel is established to examine the complaints related to the same matter,
to the greatest extent possible the same persons shall serve as panelists on each of the
separate panels and the timetable for the panel process in such disputes shall be harmonized.

Article 10
Third Parties
1. The interests of the parties to a dispute and those of other Members under a covered
agreement at issue in the dispute shall be fully taken into account during the panel process.
2. Any Member having a substantial interest in a matter before a panel and having notified its
interest to the DSB (referred to in this Understanding as a
opportunity to be heard by the panel and to make written submissions to the panel. These
submissions shall also be given to the parties to the dispute and shall be reflected in the
panel report.
3. Third parties shall receive the submissions of the parties to the dispute to the first
meeting of the panel.
4. If a third party considers that a measure already the subject of a panel proceeding
nullifies or impairs benefits accruing to it under any covered agreement, that Member may have
recourse to normal dispute settlement procedures under this Understanding. Such a dispute
shall be referred to the original panel wherever possible.

Article 11
Function of Panels
The function of panels is to assist the DSB in discharging its responsibilities under this
Understanding and the covered agreements. Accordingly, a panel should make an objective
assessment of the matter before it, including an objective assessment of the facts of the case
and the applicability of and conformity with the relevant covered agreements, and make such
other findings as will assist the DSB in making the recommendations or in giving the rulings
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provided for in the covered agreements. Panels should consult regularly with the parties to
the dispute and give them adequate opportunity to develop a mutually satisfactory solution.

Article 12
Panel Procedures
1. Panels shall follow the Working Procedures in Appendix 3 unless the panel decides otherwise
after consulting the parties to the dispute.
2. Panel procedures should provide sufficient flexibility so as to ensure high-quality panel
reports, while not unduly delaying the panel process.
3. After consulting the parties to the dispute, the panelists shall, as soon as practicable
and whenever possible within one week after the composition and terms of reference of the
panel have been agreed upon, fix the timetable for the panel process, taking into account the
provisions of paragraph 9 of Article 4, if relevant.
4. In determining the timetable for the panel process, the panel shall provide sufficient time
for the parties to the dispute to prepare their submissions.
5. Panels should set precise deadlines for written submissions by the parties and the parties
should respect those deadlines.
6. Each party to the dispute shall deposit its written submissions with the Secretariat for
immediate transmission to the panel and to the other party or parties to the dispute. The
complaining party shall submit its first submission in advance of the responding party's first
submission unless the panel decides, in fixing the timetable referred to in paragraph 3 and
after consultations with the parties to the dispute, that the parties should submit their
first submissions simultaneously. When there are sequential arrangements for the deposit of
first submissions, the panel shall establish a firm time-period for receipt of the responding
party's submission. Any subsequent written submissions shall be submitted simultaneously.
7. Where the parties to the dispute have failed to develop a mutually satisfactory solution,
the panel shall submit its findings in the form of a written report to the DSB. In such cases,
the report of a panel shall set out the findings of fact, the applicability of relevant
provisions and the basic rationale behind any findings and recommendations that it makes.
Where a settlement of the matter among the parties to the dispute has been found, the report
of the panel shall be confined to a brief description of the case and to reporting that a
solution has been reached.
8. In order to make the procedures more efficient, the period in which the panel shall conduct
its examination, from the date that the composition and terms of reference of the panel have
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been agreed upon until the date the final report is issued to the parties to the dispute,
shall, as a general rule, not exceed six months. In cases of urgency, including those relating
to perishable goods, the panel shall aim to issue its report to the parties to the dispute
within three months.
9. When the panel considers that it cannot issue its report within six months, or within three
months in cases of urgency, it shall inform the DSB in writing of the reasons for the delay
together with an estimate of the period within which it will issue its report. In no case
should the period from the establishment of the panel to the circulation of the report to the
Members exceed nine months.
10. In the context of consultations involving a measure taken by a developing country Member,
the parties may agree to extend the periods established in paragraphs 7 and 8 of Article 4. If,
after the relevant period has elapsed, the consulting parties cannot agree that the
consultations have concluded, the Chairman of the DSB shall decide, after consultation with
the parties, whether to extend the relevant period and, if so, for how long. In addition, in
examining a complaint against a developing country Member, the panel shall accord sufficient
time for the developing country Member to prepare and present its argumentation. The
provisions of paragraph 1 of Article 20 and paragraph 4 of Article 21 are not affected by any
action pursuant to this paragraph.
11. Where one or more of the parties is a developing country Member, the panel's report shall
explicitly indicate the form in which account has been taken of relevant provisions on
differential and more-favourable treatment for developing country Members that form part of
the covered agreements which have been raised by the developing country Member in the course
of the dispute settlement procedures.
12. The panel may suspend its work at any time at the request of the complaining party for a
period not to exceed 12 months. In the event of such a suspension, the time-frames set out in
paragraphs 8 and 9 of this Article, paragraph 1 of Article 20, and paragraph 4 of Article 21
shall be extended by the amount of time that the work was suspended. If the work of the panel
has been suspended for more than 12 months, the authority for establishment of the panel shall
lapse.

Article 13
Right to Seek Information
1. Each panel shall have the right to seek information and technical advice from any
individual or body which it deems appropriate. However, before a panel seeks such information
or advice from any individual or body within the jurisdiction of a Member it shall inform the
authorities of that Member. A Member should respond promptly and fully to any request by a
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panel for such information as the panel considers necessary and appropriate. Confidential
information which is provided shall not be revealed without formal authorization from the
individual, body, or authorities of the Member providing the information.
2. Panels may seek information from any relevant source and may consult experts to obtain
their opinion on certain aspects of the matter. With respect to a factual issue concerning a
scientific or other technical matter raised by a party to a dispute, a panel may request an
advisory report in writing from an expert review group. Rules for the establishment of such a
group and its procedures are set forth in Appendix 4.

Article 14
Confidentiality
1. Panel deliberations shall be confidential.
2. The reports of panels shall be drafted without the presence of the parties to the dispute
in the light of the information provided and the statements made.
3. Opinions expressed in the panel report by individual panelists shall be anonymous.

Article 15
Interim Review Stage
1. Following the consideration of rebuttal submissions and oral arguments, the panel shall
issue the descriptive (factual and argument) sections of its draft report to the parties to
the dispute. Within a period of time set by the panel, the parties shall submit their comments
in writing.
2. Following the expiration of the set period of time for receipt of comments from the parties
to the dispute, the panel shall issue an interim report to the parties, including both the
descriptive sections and the panel's findings and conclusions. Within a period of time set by
the panel, a party may submit a written request for the panel to review precise aspects of the
interim report prior to circulation of the final report to the Members. At the request of a
party, the panel shall hold a further meeting with the parties on the issues identified in the
written comments. If no comments are received from any party within the comment period, the
interim report shall be considered the final panel report and circulated promptly to the
Members.
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3. The findings of the final panel report shall include a discussion of the arguments made at
the interim review stage. The interim review stage shall be conducted within the time- period
set out in paragraph 8 of Article 12.

Article 16
Adoption of Panel Reports
1. In order to provide sufficient time for the Members to consider panel reports, the reports
shall not be considered for adoption by the DSB until 20 days after the date they have been
circulated to the Members.
2. Members having objections to a panel report shall give written reasons to explain their
objections for circulation at least 10 days prior to the DSB 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 DSB, and their views shall be fully recorded.
4. Within 60 days after the date of circulation of a panel report to the Members, the report
shall be adopted at a DSB meeting unless a party to the dispute formally notifies the DSB of
its decision to appeal or the DSB decides by consensus not to adopt the report. If a party has
notified its decision to appeal, the report by the panel shall not be considered for adoption
by the DSB until after completion of the appeal. This adoption procedure is without prejudice
to the right of Members to express their views on a panel report.

Article 17
Appellate Review
Standing Appellate Body
1. A standing Appellate Body shall be established by the DSB. The Appellate Body shall hear
appeals from panel cases. It shall be composed of seven persons, three of whom shall serve on
any one case. Persons serving on the Appellate Body shall serve in rotation. Such rotation
shall be determined in the working procedures of the Appellate Body.
2. The DSB shall appoint persons to serve on the Appellate Body for a four-year term, and each
person may be reappointed once. However, the terms of three of the seven persons appointed
immediately after the entry into force of the WTO Agreement shall expire at the end of two
years, to be determined by lot. Vacancies shall be filled as they arise. A person appointed to
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replace a person whose term of office has not expired shall hold office for the remainder of
the predecessor's term.
3. The Appellate Body shall comprise persons of recognized authority, with demonstrated
expertise in law, international trade and the subject matter of the covered agreements
generally. They shall be unaffiliated with any government. The Appellate Body membership shall
be broadly representative of membership in the WTO. All persons serving on the Appellate Body
shall be available at all times and on short notice, and shall stay abreast of dispute
settlement activities and other relevant activities of the WTO. They shall not participate in
the consideration of any disputes that would create a direct or indirect conflict of interest.
4. Only parties to the dispute, not third parties, may appeal a panel report. Third parties
which have notified the DSB of a substantial interest in the matter pursuant to paragraph 2 of
Article 10 may make written submissions to, and be given an opportunity to be heard by, the
Appellate Body.
5. As a general rule, the proceedings shall not exceed 60 days from the date a party to the
dispute formally notifies its decision to appeal to the date the Appellate Body circulates its
report. In fixing its timetable the Appellate Body shall take into account the provisions of
paragraph 9 of Article 4, if relevant. When the Appellate Body considers that it cannot
provide its report within 60 days, it shall inform the DSB in writing of the reasons for the
delay together with an estimate of the period within which it will submit its report. In no
case shall the proceedings exceed 90 days.
6. An appeal shall be limited to issues of law covered in the panel report and legal
interpretations developed by the panel.
7. The Appellate Body shall be provided with appropriate administrative and legal support as
it requires.
8. The expenses of persons serving on the Appellate Body, including travel and subsistence
allowance, shall be met from the WTO budget in accordance with criteria to be adopted by the
General Council, based on recommendations of the Committee on Budget, Finance and
Administration.
Procedures for Appellate Review
9. Working procedures shall be drawn up by the Appellate Body in consultation with the
Chairman of the DSB and the Director- General, and communicated to the Members for their
information.
10. The proceedings of the Appellate Body shall be confidential. The reports of the Appellate
Body shall be drafted without the presence of the parties to the dispute and in the light of
the information provided and the statements made.
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