./.WORLD TRADE
ORGANIZATIONTN/DS/W/53
21 March 2003
(03-1648)
Dispute Settlement Body
Special SessionOriginal:  English
JORDAN'S FURTHER CONTRIBUTION TOWARDS THE IMPROVEMENT AND
CLARIFICATION OF THE DISPUTE SETTLEMENT UNDERSTANDING
Communication from Jordan
The following communication, dated 18 March 2003, has been received from the Permanent
Mission of the Hashemite Kingdom of Jordan.
_______________
Jordan refers to its proposal on improving and clarifying the WTO Dispute Settlement
Understanding (TN/DS/W/43), and would like to elaborate on a number of items and revise a numberof legal texts referred to therein taking into consideration the comments and suggestions we have
received from Members during the last three months of negotiations at the Dispute Settlement Body in
its Special Session.
• We refer to item III of the Jordanian proposal and hereby replace the previous legal text we
have suggested in respect of the new proposed paragraph (12) of Article (4) of the DSU withthe following:
"A request for consultations may be withdraw n by the complaining party at any point of
time prior to submitting a request for the establishment of a panel.  A request for
consultations shall be deemed to have been  withdrawn by the complaining party if that
Party has not submitted a request for the establishment of a panel within (12) months
after the date of receipt of the request for consultations."
• We refer to item IV of the Jordanian proposal and hereby replace the previous legal text we
have suggested in respect of the new proposed paragraph (3) of Article (6) of the DSU with
the following:
"A request for the establishment of a panel my be withdrawn by the complaining party
at any time prior to the composition of the panel."
• We refer to item V of the Jordanian proposal and hereby replace the previous legal text that
we have suggested in respect of amending paragraph (10) of Article (8) of the DSU with thefollowing:
"In disputes involving developing-country Members and/or least-developed country
Members the following shall be applicable:TN/DS/W/53
Page 2
(a) When a dispute is between a developed-country Member and a developing-
country Member the panel shall include one panelist from a developing-country
Member should the latter request same wi thin (85) days from the establishment
of the panel.
(b) When a dispute is between a least-developed country Member and a developed-
country Member the panel shall include one panelist from a least-developed country
Member should the latter request same within  (5) days from the establishment of the
panel.
(c) When a dispute is between a developing-country Member and a least-developed
country Member the panel shall include a panelist from a developing-country Memberor a least-developed country Member should  e i t h e r  o n e  o r  b o t h  r e q u e s t  s a m e  w i t h i n
(5) days from the establishment of the panel."
• We refer as well to another item that has been addressed in the Jordanian proposal and would
like to clarify same as follows:
In item XI of the above referenced proposal we suggested the establishment of a fund that
would remit all costs and expenses that may be incurred by a developing or a least-developed
country in reviewing, analyzing and/or respo nding to issues raised in an unsolicited amicus
curiae  brief in a dispute before the panel or the Appellate Body.
In this respect, we would like to further clarify our position ad therefore replace, without
prejudice to our formal statement that has been submitted on the issue of unsolicited amicus
curiae  briefs during the DSB Special Session meeting on 18 February 2003, the legal text,
suggested in paragraph (38) of our proposal, with the following:
"8. Panelists and Appellate Body members shall promptly draw up in their
respective working procedures rules and pro cedures that are considered necessary to
regulate, operationalize and define the scope of  this Article taking into consideration the
interests and concerns of developing and least-developed country Members.  These
procedures shall include, inter alia , specific reference to a fund that would be established
by (developed WTO country Members) with the aim of remitting any costs or expenses
that may be incurred by a developing or a least-developed country Member in reviewing,
analyzing and/or responding to i ssues raised in an unsolicited amicus curiae  brief.  The
above-mentioned rules ad procedures shall be  drawn up in consultation with the Chair of
the DSB and the Director-General, and shall be submitted to the DSB for adoption."
• We refer to item VII of the Jordanian proposal and hereby replace the previous legal text that
we have suggested in respect of amending paragraph (2) of Article (10) of the DSU with the
following:
"Any Member having a substantial interest in a mater before a panel and having notified its
interest to the DSB within 10 days from the establishment of a panel (referred to in this
Understanding as a "third party") shall have an opportunity to be heard by the panel and to
make written submissions to the panel.  These submissions shall also be given to the parties tothe dispute and shall be reflected in the panel report."
The original proposal (TN/DS/W/43) should be considered, mutatis mutandis , part and parcel
of this proposal.
__________