WORLD TRADE
ORGANIZATIONWT/DS160/21
19 February 2002
(02-0847)
UNITED STATES – SECTION 110(5)  OF THE US COPYRIGHT ACT
Recourse by the European Communities and its Member States
to Article 22.6 of the DSU
Constitution of the Arbitrator
Note by the Secretariat
1. At its meeting on 18 January 2002, the Dispute Se ttlement Body (DSB) ag reed that the matter
raised by the European Communities and its member States in document WT/DS160/19 shall bereferred to arbitration in accordance with Article 22.6 of the DSU.
2. Article 22.6 of the DSU provides as follows:
"When the situation described in paragraph 2 occurs, the DSB, upon request, shall
grant authorization to suspend concessions or other obligations within 30 days of theexpiry of the reasonable period of time unless the DSB decides by consensus to reject
the request.  However, if the Member concerned objects to the level of suspension
proposed, or claims that the principles and procedures set forth in paragraph 3 have
not been followed where a complaining party has requested authorization to suspend
concessions or other obligations pursuant to paragraph 3(b) or (c), the matter shall be
referred to arbitration. Such arbitration shall be carried out by the original panel, if
members are available, or by an arbitrator
15 appointed by the Director-General and
shall be completed within 60 days after the date of expiry of the reasonable period of
time.  Concessions or other obligations shall not be suspended during the course of
the arbitration."
(original footnote) 15  The expression "arbitrator" shall be interpreted as referring either to an
individual or a group.
3. The arbitration will be carried out by the following individuals:1
Chairman: Mr. Ian F. Sheppard
Members: Mrs. Margaret Liang
Mr. David Vivas-Eugui
__________
                                                     
1 The parties agreed that the arbitration should be carried out by the individuals that served in earlier
arbitration proceedings between the pa rties under Article 25 of the DSU.  See document WT/DS160/16.