  
  
JOB/GC/385  
 
16 February  2024 
(24-1375) Page: 1/43 
General Council  
   
 
  
SPECIAL MEETING OF THE G ENERAL COUNCIL  
WEDNESDAY, 14  FEBRUARY  2024 
Report by H.E. Mr. Petter ØLBERG , Chairman of the DSB* 
1.1.  Thank you for giving me the floor Mme Chairperson. I believe we all agree that the dispute 
settlement system is a vitally important element of the WTO system, and its reform is a top priority 
for Members.  
1.2.  Let me start by saying that since MC12, both the DSB and the dispute settlement system have 
continued to function, with ten new disputes brought, including six new p anels established by the 
DSB. Panel reports have been circulated to Members in 16 disputes, mutually agreed solutions have 
been formally notified in eight disputes, and in five other disputes panel proceedings have been 
suspended at the request of the comp lainants. Two Arbitration Awards have been circulated to the 
DSB under Article 25 of the DSU. Therefore, despite the current situation affecting dispute 
settlement, Members have continued using WTO dispute settlement proceedings through requests 
for consul tations and panels, as well as alternative ways of dispute resolution, to resolve their trade 
disputes.  
1.3.  At the same time, WTO Members have emphasized the challenges and concerns that they see 
with respect to the dispute settlement system, including those r elated to appellate or second tier 
review as well as accessibility for developing Members and LDCs. In this regard, I note that 31 panel 
reports have been appealed into the void so far.  
1.4.  In recognizing the importance and urgency of addressing those challeng es and concerns, 
Members have placed a high priority on dispute settlement reform.  
1.5.  In this regard, let me recall Ministers' commitment at MC12 to conduct discussions with the 
view to having a fully and well functioning dispute settlement system accessible to all Members by 
2024.  
1.6.   As you all know, an informal process on dispute settlement reform was convened by Mr  Marco 
Molina of Guatemala in February last year. For transparency purposes, starting in March  2023, 
Mr Molina has reported to the DSB on the ongoi ng work at every second regular DSB meeting. The 
most recent report was provided at the January DSB meeting this year. Following Mr  Molina's reports 
in the DSB meetings, many delegations stated that they saw great value in this process and 
recognized that the informal process has achieved significant progress so far, emphasizing that this 
work should be preserved. Almost all delegations commended Mr  Marco Molina for his outstanding 
leadership in this informal process.  
1.7.  At the same time, the issue of formaliz ation of this informal DS process has been raised in the 
DSB as well as during my consultations in January this year with interested delegations. However, 
at this juncture, there is no consensus to formalize the informal process on DS discussions. During 
my consultations, I observed that formalization of the process means different things to different 
delegations in terms of process, timing, purpose, and the leadership. My detailed report on this issue 
 
* The Chair's report contains the report by Mr. Marco Molina (conven or of the informal DS reform 
discussions). Annexed to the Chair's report is the consolidated text on dispute settlement reform  referred to in 
Mr. Molina's report , which is being circulated under the responsibility  of the  Chair of the DSB . JOB/GC/385  
 
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  at the January DSB meeting is reflected in the minutes of that meeting. I wish to recall that I reported 
at that meeting my conclusion that, because there has been no consensus on the formalization of 
the informal process, we should allow the informal process on DS reform to continue to do as much 
work as poss ible to achieve a successful outcome.  
1.8.  With these words of introduction, let me now invite Mr  Marco Molina to make a report to the 
General Council on this matter.  
REPORT BY  THE CONVENOR OF THE INFORMAL DS REFORM DISCUSSIONS – MR. MARCO 
MOLINA OF GUATEMALA  
1.9.  In three days, on 17 February, we will mark the first anniversary of the informal Dispute 
Settlement Reform Process that I have been facilitating.  
1.10.  We are also only 10 days from the start of the Ministerial Conference in Abu Dhabi.  This is a 
timely opportunity to brief Members and His Excellency, Minister Dr Thani bin Ahmed Al Zeyoudi, on 
the progress that we have achieved in the informal process on Dispute Settlement reform, including 
the presentation of the text that we have been working on, and to explore the necessary steps to 
successfully conclude the discussions.  
1.11.  I will start by providing an overview of the key aspects of the informal process. Specifically, 
I will outline our objectives and rationale for the actions taken so far and how these are reflected in 
the consolidated text. I will then address any remaining elements that require attention to fulfil our 
collective objective of having a we ll-functioning dispute settlement system accessible to all Members 
by 2024.  
1.12.  I would like to recall that the process that I am facilitating is not the traditional negotiations 
based on positions. The informal dispute settlement process follows a solution -oriented, 
interest -based, bottom -up approach.    
1.13.  The process is solution -oriented and builds up on the interests that Members identified in 
2022, when the United States convened meetings to understand Members’ expectations regarding 
the operation of the dis pute settlement system. From April 2022 to January 2023, Members identified 
and discussed over 230 different interests. We took those 230 interests that had already been 
identified by Members and classified them into different groups.  
1.14.  The informal process on dispute settlement reform started on 17 February 2023, when we 
transitioned to more focused and solution -oriented discussions, based on identified interests. 
Subsequently, I invited Members to propose ideas and conceptual approaches that could potential ly 
address the interests identified by Members.  
1.15.  The response and commitment by Members were unprecedented. Members presented more 
than 70 proposals. In doing so, Members themselves, collectively, defined the scope of the informal 
process on dispute settle ment reform. Based on these proposals, we started interest -based 
conversations. Please allow me to use an example to illustrate the interest -based concept:  
1.16.  Consider a scenario where two persons go to the market to buy a pumpkin, and there is only 
one left. In a position -based negotiation, they may pursue outcomes where one person wins and 
takes the pumpkin home, and the other person loses. Another outcome wou ld require the two finding 
a “compromise” and split the pumpkin, leading to suboptimal results.  
1.17.  In contrast, an interest -based approach seeks to understand the underlying interests. For 
example, one person may be interested in using the pumpkin for decora tion, while the other wants 
it for a soup. Through an interest -based approach, they can agree to purchase the pumpkin together, 
each can pay half of the price, and then divide the pumpkin according to their respective interests — 
one person could get the pu lp for the soup and the other the shell for decoration. The result is that 
both parties are fully satisfied, and the pumpkin is optimally used. Interest -based negotiations are 
highly recommended by top think tanks and universities, as one of the ways to ac hieve the best 
possible results.  JOB/GC/385  
 
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  1.18.  This is precisely the approach we have adopted in the informal process on dispute settlement 
reform since February 2023. We started open discussions with Members to uncover their interests 
and concerns behind their proposal s, akin to understanding what purpose each Member wanted to 
achieve with the pumpkin. Subsequently, we deliberated on the implementation of a potential 
agreement, delineating the terms and conditions of the transaction (in the example, that would be 
the co st allocation of the pumpkin, division arrangements, and timing). Following this, we 
documented our potential agreement in writing, embodied in a text that reflects the discussed terms 
and conditions. Finally, we have meticulously reviewed the text, refine d its language, and ensured 
its understanding among all Members. On certain occasions, we have recalibrated the terms and 
conditions to optimize results, striving to achieve the most favourable  outcome possible.  
1.19.  An interest -based approach offers the key a dvantage of reducing power imbalances and 
fostering inclusive dynamics, allowing every Member to contribute meaningfully. By centering 
discussions around interests and concerns rather than leverage, this approach ensures fairness and 
equality for all Membe rs, regardless of their size or status. This commitment to valuing every 
perspective equally ensures that our collective pursuit of optimal solutions remains untainted by 
external factors.  
1.20.  The outcome of our interest -based negotiations is a text devoid of square brackets, colour  
coding, attributions, or other markers typical of position -based negotiations. Through a collective 
effort to maximize outcomes, the text transcends individual national stances, embodying a shared 
pursuit of common goals. While the solutions presented may deviate from initial positions, they 
adeptly tackle the core interests and concerns underpinning those positions. Coming back to my 
example of the pumpkin, a Member may not have secured the entire pumpkin, but it acquired the 
part t hat what was essential or desired from the outcome to either prepare a soup or create a 
decoration.  
1.21.  During the informal process on dispute settlement reform , we have adhered to the principle 
that nothing is agreed until everything is agreed. Eventually, Me mbers will have the opportunity to 
review the text as a comprehensive package to determine its overall acceptability. I am confident 
that the text will gather acceptance as it effectively reconciles interests and concerns and provides 
optimal outcomes. How ever, it is still early for Members to consider the text as a whole because 
some crucial elements are yet to be incorporated into the text. The text represents the most optimal 
calibration achievable until today in most of the areas under consideration, bu t not in all of them.  
1.22.  In our work in the informal process on dispute settlement reform, we have also adopted a 
bottom -up approach led by dispute settlement experts based here in Geneva. This complements the 
interest -based approach integral to this process.  Success hinges on engaging in substantive and 
dynamic discussions to grasp the underlying interests and concerns, and to propose and deliberate 
on innovative ideas to reconcile them.  
1.23.   The text that I am presenting today is the seventh iteration. I would l ike to be clear; this is 
not a text that I have prepared by myself. This text and its previous versions are the result of 
Members’ collective efforts. Delegates have actively contributed to drafting the text and all changes 
are discussed in plenary session s.  
1.24.  As I reported to the Dispute Settlement Body, I personally invited all WTO Members to 
participate in the drafting exercise. Fifty -two delegates volunteered to work on the drafting exercise 
to prepare the draft chapters.  
1.25.  Each iteration of the text refl ects feedback received from the plenary sessions, to which all 
Members are invited to participate. The changes introduced into each iteration resulted from 
conversations and understandings reached during those plenary sessions. Each new re -calibration 
of elements reflected in the text responds to ideas discussed in plenary sessions and seeks to balance 
different views expressed by Members.  
1.26.  Transparency has been a cornerstone of this process, with the plenary informed of every 
small -group meeting. No change  has been introduced to the text without prior discussion in the 
plenary session. All Members are fully informed of each step taken and changes to the text are 
shown with tracked changes.  JOB/GC/385  
 
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  1.27.  It is important to note that Members are not leaving anything to imp rovisation. What you see 
in the text is the result of discussions that have taken place since 2022. We have explored every 
possible angle of each question. Members have participated in frank and substantive discussions 
that have resulted in practical and i nnovative solutions to reconcile interests and concerns.  
1.28.  More importantly, we are not rushing any decisions. If delegates are unsure about certain 
aspects of the text or they need to consult with their Capitals, we leave the discussion and revisit 
issues at the following plenary session. When recalibration of interests and concerns is needed, this 
is reflected in the next iteration of the text.  
1.29.  Furthermore, this process has provided all Members with ample opportunities to participate 
and express their view s. Since 17 February 2023, I have convened more than 350 meetings, 
including 110 plenary sessions open to all WTO Members, as well as numerous small -group and 
bilateral meetings. Members have had ample opportunities to share their views. Further, I have 
responded positively to each request for bilateral meetings, resulting in more than 45 in -person and 
virtual meetings with Capital - and Geneva -based Officials. And this does not include the spontaneous 
conversations in WTO corridors or receptions. Additional ly, numerous meetings have taken place 
among delegations to discuss specific topics. Dispute settlement delegates should be commended 
for the admirable amount of energy, creativity and time invested into this process, which proves the 
unwavering commitment  of Members to achieve a fully functional dispute settlement system.  
1.30.  During the last year, over 145 Members, representing all regions, legal systems and stages 
of development, have participated in the meetings. The active participation, including long nigh ts 
and weekends shows the importance that Members attribute to the dispute settlement system.  
1.31.  In terms of substance, significant progress has been achieved. The seventh revision of the 
text, spanning more than 50 pages, reflects Members' collective underst andings and expectations 
regarding the system's operation. The text is organized into eleven Titles, each addressing different 
aspects of the dispute settlement mechanism. While currently proposed as a Ministerial Decision, 
the final form will be decided b y Members based on the document's substantive content.  
1.32.  The text is self -explanatory, and I would like to note that Members focused on providing 
incentives and disincentives to influence behaviours and foster efficiency of the dispute settlement 
process.  
1.33.  Members also developed alternative dispute resolution mechanisms to broaden the range of 
tools available for resolving disputes without the need for litigation.  
1.34.  Moreover, there is a concerted effort to enhance the efficiency and effectiveness of litigation , 
offering incentives for disputing parties and adjudicators to focus on what is necessary to resolve 
the disputes, promptly and effectively. The text further includes clear statements by Members 
outlining their expectations for the system's operation and provides guidance for adjudicators and 
the Secretariat in fulfilling their respective roles. The text also will mark a significant development 
as it will represent, for the first time, Members’ expression of their preferences for how the system 
should oper ate. 
1.35.  Furthermore, we are exploring mechanisms to guarantee the system functions as envisioned 
and to streamline corrective measures when required. The text consistently emphasizes addressing 
the capacity constraints faced by developing and least developed Members, with accessibility being 
a core focus in each chapter. Several flexibilities have been integrated to ensure that developing and 
least-developed Members can meaningfully participate, encompassing aspects such as mediation, 
conciliation, good office s, arbitration, and panel proceedings. Flexibilities extend to word and time 
limits, as well as the process for updating the indicative list of panelists, among other considerations.  
1.36.  Members are also exploring avenues to enhance accessibility through tailo r-made technical 
assistance, capacity building, and specific legal advice, by seeking synergies with other 
organizations, such as the Advisory Centre on WTO Law, and exploring viable and sustainable 
financing mechanisms for these activities.  
1.37.  I would like t o note that one key aspect that is not yet addressed in the text is the appeal or 
review mechanism, for which there is a placeholder in the text. Members have approached this issue JOB/GC/385  
 
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  with the same interest -driven methodology that has been used for the rest o f the text. Ongoing 
discussions are aimed at identifying viable solutions, and significant progress has been made. We 
all recognize that there are conceptual differences among Members regarding the operation of the 
system, and, therefore, we prioritized co ncluding other elements of the text to measure how 
effectively interests and concerns of Members would be addressed through other reforms.  
1.38.  The discussions on appeal or review mechanism are not intended to single -handedly resolve 
all the interests and concerns identified by Members. Many of these interests and concerns may 
already be addressed in the existing text.  
1.39.  We continue to work intensi vely to find a practical and viable solution on appeal or review 
mechanism that responds to Members concerns. This solution will be an integral part of a 
comprehensive dispute settlement reform package, where each reform contributes to addressing 
the inter ests and concerns that were identified by Members.  
1.40.  Let me be clear: Our commitment to deliver a solution on appeal or review mechanism as 
part of the reform package is strong. We will continue to work intensively to conclude these 
discussions as soon as p ossible, so that it can be incorporated into the consolidated text, and we 
can start its review in plenary sessions.  
1.41.  In conclusion, Madame Chair, I would like to outline the steps necessary to finalize the 
consolidated text:  
1.42.  First, Members need to conclude  discussions on the appeal or review mechanism and 
incorporate the solution into the consolidated text;  
1.43.  Second, Members should continue reviewing each chapter, ensuring that all their interests 
and concerns are addressed. Any reservations expressed by Mem bers should be clearly articulated 
as interests or concerns to facilitate appropriate recalibration of the respective provisions. The goal 
remains to reconcile the interests and concerns of all Members and achieve the most optimal 
calibration possible; and  
1.44.  Finally, Members need to undertake an editorial review of the text, determine its final form, 
and finalize the preamble and transitional provisions.  
1.45.  As always, I remain available to provide any further clarification or additional information.  
1.46.  Mr. Chair, Madame Chair, I will provide you with a copy of the consolidated text right after 
finalizing this meeting.  
1.47.  I thank you for the opportunity to present this report to the General Council.  
CONCLUDING REMARKS BY THE CHAIRMAN OF THE DSB  
1.48.  Thank you for the compre hensive report. It is clear that considerable work has been done on 
many important issues. At the same time, issues relating to appellate/second tier review are still 
being worked on and are not yet complete.  
1.49.  With regard to the latest version of the consol idated text on dispute settlement reform that 
Mr. Molina has referred to and has included in his report, I wish to inform delegations that 
Mr. Molina's report, including the text he referred to, will be included as part of my report to the 
General Council,  and will be circulated after the meeting under my own responsibility as Chair of the 
DSB. I will do so for transparency purposes, to ensure that all delegations, including capital 
colleagues, may have access.  
1.50.  Also, earlier this week, a group of five Memb ers circulated the document JOB/DSB/8, 
containing their reflections on some substantive issues.  
1.51.  It is also my intention to reach out to delegations in the remaining time left before MC13 to 
see what political message can be transmitted by Ministers at MC13 . In this regard, it is my view 
after some of my preliminary discussions with Members that such a message could recall Members' JOB/GC/385  
 
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  commitment made at MC12 for dispute settlement reform. Ministers could also recognize the work 
already done as a valuable contri bution to fulfilling this commitment and welcome all contributions 
that help advance our work. They could also instruct Members to continue building on the current 
progress and to work on pending issues to meet the commitment made at MC12.  
1.52.   As I stated ea rlier, I will be reaching out to delegations to further share these ideas and the 
means for expressing Ministers' views on this important topic.  Thank you for your attention . 
1.53.  This concludes my report.  
_______________  
 
 
 
  JOB/GC/385  
 
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  ANNEX 1 
CONSOLIDATED TEXT REFERRED TO IN MR. MOLINA'S REPORT  
MINISTERIAL DECISION ON DISPUTE SETTLEMENT1 
ADOPTED ON [DATE]  
The Ministerial Conference,  
PP1 Having regard to paragraph 1 of Article IV and paragraph 1 of Article IX of the Marrakesh 
Agreement Establishing the World Trade Organization, as well as  paragraph 4 of the Twelfth 
Ministerial Conference MC12 Outcome Document (WT/MIN(22)/24) , whereby Members committed 
to conduct discussions with the view to having a fully and well -functioning dispute settlement system 
accessible to all Members by 2024,  
PP2 Underscoring the objective of meaningful reform of the dispute settlement system so that 
it operates in a manner con sistent with the interests of all Members,  
PP3 Acknowledging  the imperative and significance of promoting increased accessibility for 
developing country Members, including least -developed country Members, to the dispute settlement 
system, while recognizing  the contribution of other organizations to this objective, including the 
Advisory Centre on WTO Law (ACWL),  
PP4 Recalling that the aim of the dispute settlement mechanism is to secure a positive solution 
to a dispute and that a solution mutually acceptabl e to the parties to a dispute and consistent with 
the covered agreements is clearly to be preferred,  
PP5 Desiring to  facilitate the settlement of disputes via the voluntary use of alternative 
methods of dispute resolution,  
PP6 Considering  that streamlinin g panel proceedings and strict adherence to timeframes and 
word limits contribute to the prompt settlement of disputes, which is essential to the effective 
functioning of the WTO,  
PP7 Acknowledging  the importance of selecting highly qualified adjudicators while fostering 
diversity in the composition of panels, with a specific emphasis on achieving gender balance, 
geographical representativeness, and a diverse range of legal backgrounds,  
[Appeal/ review  mechanism]  
PP8 Recognizing  that prompt compliance with r ecommendations or rulings of the DSB is 
essential in order to ensure effective resolution of disputes to the benefit of all Members,  
PP9 Determined  to ensure that these reforms are fully implemented in practice and are long 
lasting,  
PP10 Affirming  Members’  intention to regularly undertake a meaningful review of the operation 
of the dispute settlement system, with a focus on the implementation of the reforms to the dispute 
settlement system made in this Decision (" Reforms "), and to take any action considered  necessary,  
Decides  as follows,  
 
1 Note: It is proposed that the document takes the form of a Ministerial Decision. However, the final form 
shall be de cided by the plenary, in view of the substantive content of the document.   JOB/GC/385  
 
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  TITLE I  
ALTERNATIVE DISPUTE RESOLUTION PROCEDURES AND ARBITRATION  
Chapter I  
Good Offices, Conciliation and Mediation  
I. Definitions  
1. For the purposes of this Chapter:  
parties  means the Members participating in good offices, conciliation or mediation 
procedures by mutual agreement;  
good offices  means the participation of an impartial and independent third person, known as 
a "good officer", who shall provide support, including logistical support, such as the provision 
of a venue for meetings, and administrative assistance, to facilitate dialogue between the 
parties with a view to reaching a mutually agreed solution;  
conciliation  means the participation of an impartial and indep endent third person, known as 
a "conciliator" to facilitate and assist dialogue between the parties with a view to reaching a 
mutually agreed solution;  
mediation  means the participation of an impartial and independent third person, known as 
a "mediator", t o facilitate and assist dialogue between the parties with a view to reaching a 
mutually agreed solution, and who may offer advice or propose solutions for the parties to 
consider.  
II. General principles  
2. Members may, at any time, including before the initiatio n of consultations under Article  4 of 
the DSU2, agree to voluntarily undertake any procedure pursuant to Article 5 of the DSU regarding 
measures affecting the operation of the covered agreements referred to in Article 1.1 of the DSU.  
3. Pursuant to Article 24.2 of the DSU, where a satisfactory solution has not been found in the 
course of consultations under Article 4 of the DSU, and upon request by a least -developed country 
Member, the Director -General or the Chairperson of the DSB shall offer their good off ices, conciliation 
or mediation with a view to assisting the parties to settle their dispute, before a request for a panel 
is made. The Director -General or the DSB Chairperson, in providing the above assistance, may 
consult any source that either deems app ropriate. The Communication from the Director -General  in 
WT/DSB/25 is applicable to such requests.  
4. The participation of Members in any procedure pursuant to Article 5 of the DSU and this 
Chapter shall be without prejudice to their WTO rights and obligation s, including under the DSU, or 
to their rights and obligations under any other international agreement. Unless the parties agree 
otherwise, the good officer, conciliator or mediator shall not advise or comment on the consistency 
of any measure at issue wit h the covered agreements.  
5. Unless the parties agree otherwise, and except for the notifications provided pursuant to the 
provisions in Section V, the procedures undertaken pursuant to Article 5 of the DSU and this Chapter, 
including any advice or proposed solution, shall be confidential.  
6.  All mutually agreed solutions reached as an outcome of any procedure undertaken pursuant 
to Article 5 of the DSU and this Chapter, shall be consistent with the covered 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. The good officer, conciliator or media tor, within 
 
2 For greater clarity, a request for consultations pursuant to Article 4 of the DSU  is not required as a 
precondition to voluntarily undertake any procedure pursuant to Article 5 of the DSU.  JOB/GC/385  
 
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  their respective roles as defined in this Chapter, shall bear the foregoing in mind when providing 
support, offering advice or proposing solutions.  
7. The parties may agree to convert any of the procedures undertaken pursuant to Article  5 of 
the D SU to another procedure under the same provision, at any time.  
8. Parties shall undertake the procedures pursuant to Article 5 of the DSU and this Chapter in 
good faith.  
III. Request for information  
9. Members should request non -confidential information in the releva nt WTO bodies, when 
appropriate and to the extent possible, before making a request for information under this Section.  
10. At any time before the initiation of a procedure pursuant to Article 5 of the DSU, a Member 
may request, in writing, information regardi ng any measure affecting the operation of a covered 
agreement, in respect of which the requesting Member is considering requesting good offices, 
conciliation or mediation. For the purpose of collecting statistical information for the Accountability 
Mechani sm under Title X, the requesting Member shall copy the DSB Chairperson on this request. 
Unless the relevant Members agree otherwise, the DSB Chairperson shall keep confidential the 
request and the fact that such a request has been made.  
11. The Member to whic h such request is made, is encouraged to provide a written response 
containing its comments on the requested information, within 30 days of the date of receipt of the 
request, or at a later date after notifying the requesting Member of the reasons for the delay. For 
the purpose of collecting statistical information for the Accountability Mechanism under Title X, the 
Member to which such a request pursuant to paragraph 10 is made shall notify the DSB Chairperson 
about its written response. Unless the relevan t Members agree otherwise, the DSB Chairperson shall 
keep confidential whether a written response was provided. For the avoidance of doubt, the DSB 
Chairperson shall anonymize the identity of the relevant Members when collating the statistics under 
this Se ction.  
12. All Members are encouraged to use this Section before the initiation of a procedure pursuant 
to Article 5 of the DSU.  
IV. Initiation or termination of procedures  
13. Any Member may make a request to another Member to use any procedure pursuant to 
Article  5 of the DSU, with respect to any measure affecting the operation of any covered agreement 
taken within the territory of the latter. The request shall be submitted in writing and shall give 
reasons for the request, including identification of the measures  at issue and an indication of the 
concerns of the requesting Member. The requesting Member shall copy the WTO Secretariat on this 
request, to enable the Secretariat to provide assistance, if and when required pursuant to 
paragraph  29. The Secretariat shall keep the request and the fact that the request has been made 
confidential, unless the parties agree to notify the DSB pursuant to Section V. 
14. The Member to which the request is made shall give sympathetic consideration to the request. 
Unless agreed otherwise with the requesting Member, the Member to which the request is made 
shall reply in writing no later than 14 days after the date of receipt of the request. In the absence 
of a reply accepting the request in writing from the Member to which the request is made, within 
this deadline, the request shall be deemed as declined.  
15. The date of initiation of a procedure pursuant  to Article 5 of the DSU and this Chapter shall be 
the date of the reply accepting the request.  
16. Any procedure undertaken pursuant to Article 5 of the DSU and this Chapter may be 
suspended or terminated at any time, by either of the parties, via notificati on in writing to the other 
party and the good officer, conciliator or mediator. In case of procedures involving more than two 
parties, the procedures shall continue for those who voluntarily wish to continue.  
17. A good offices, conciliation or mediation proc edure shall be terminated:  JOB/GC/385  
 
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  a. if the parties are unable to agree on the conciliator or mediator, or on the procedure 
to select the mediator or conciliator, within the time -period set out in paragraph 24 
or any other time -period agreed by the parties;  
b. by the c onclusion of a mutually agreed solution by the parties, on the date of the 
conclusion thereof;  
c. by mutual agreement of the parties at any stage of the procedure, on the date of 
that agreement;  
d. by a written declaration of the good officer, conciliator or med iator, after consultation 
with the parties, that further efforts at the procedure would be to no avail, on the 
date of that declaration; or  
e. by notice in writing by either party to the other party and the good officer, conciliator 
or mediator, at any stage of the procedure, on the date of that notice.  
V. Notification to the DSB  
18. For the purpose of collecting statistical information for the Accountability Mechanism under 
Title X, the parties shall jointly notify the DSB Chairperson of their agreement to undertak e a 
procedure pursuant to Article 5 of the DSU and this Chapter, in writing, no later than five days 
following the date of their agreement. In this notification, the parties shall specify the procedure 
undertaken and indicate whether the DSB Chairperson ma y circulate the notification to the DSB. 
Parties are encouraged to permit the notification to the DSB.  
19. If the parties agree that the notification may be circulated to the DSB, the parties are 
encouraged to include a summary of the matters under considerati on in the notification.  
20.  The parties shall notify any mutually agreed solution reached as an outcome of the procedure 
undertaken to the DSB and the relevant WTO bodies, where any Member may raise any point relating 
thereto.  
21.  For the purpose of collecting  statistical information for the Accountability Mechanism under 
Title X, the parties shall jointly notify the DSB Chairperson of the termination of a procedure pursuant 
to Article 5 of the DSU and this Chapter, in writing, no later than five days after the  termination. In 
this notification, the parties shall state the reason for the termination and indicate whether the DSB 
Chairperson may circulate the notification to the DSB. Parties are encouraged to permit the 
notification to the DSB.  
22. The notifications r eferred to in this Section shall not contain any information that a party has 
designated as confidential.  
VI. Appointment of good officer, conciliator or mediator  
23. In good offices procedures, the parties may agree to submit a request to the Director -General 
of the WTO or the DSB Chairperson to provide good offices. The Director -General may appoint a 
representative to provide good offices, subject to the agreement of the parties. The parties may 
apply the Communication from the Director -General  in WT/DSB/25 to t he extent practicable, for any 
such request to the Director -General.  
24. The parties shall, within 10 days after initiation of conciliation or mediation under Article 5 of 
the DSU or any other period agreed by the parties, endeavour to agree on a conciliator or mediator 
or on a procedure to select the conciliator or mediator. To that end, the parties may have recourse 
to:  
a. pre-established list of conciliators and mediators, which the DSB may adopt at any 
time;  
b. the indicative list maintained under Article 8.4 o f the DSU;  JOB/GC/385  
 
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  c. persons from relevant international organizations with subject -specific expertise, 
including scientific expertise;  
d. the list of serving Chairpersons of relevant WTO bodies under the covered 
agreements;  
e. consultations with the Director -General who  may propose names to the parties;  
f. the assistance of an external authority; or  
g. any other means that may facilitate the selection of a conciliator or mediator.  
25. Unless the parties agree otherwise, a conciliator or mediator shall not be a citizen of, or 
affiliated with, either party.  
26. A good officer, conciliator or mediator shall comply with the Rules of Conduct for the 
Understanding on Rules and Procedures Governing the Settlement of Disputes  (as set out in 
WT/DSB/RC/1 and any subsequent amendments), mutatis mutandis . 
27. The expenses of good officers, conciliators or mediators, including travel and subsistence 
allowance, shall be met from the WTO bud get in accordance with criteria to be adopted by the 
General Council, based on recommendations of the Committee on Budget, Finance and 
Administration.  
VII.  Rules of procedure in the Appendices  
28. The procedures in Appendix 1 ( Rules of Procedure for Mediation ), Ap pendix 2 ( Rules of 
Procedure for Conciliation ), Appendix 3 ( Supplementary Rules of Procedure for Conciliator or 
Mediator Assistance During Consultations under Article 4 of the DSU ) and Appendix 4 
(Supplementary Rules for Procedures Undertaken Pursuant to T itle IV (Compliance) ) to this Chapter 
apply to the corresponding procedure undertaken by the parties. Parties may agree in writing to 
modify or depart from any of the rules of procedure in Appendices 1 to 3.  
VIII.  Secretariat support  
29. Parties, or the conciliator  or mediator with the parties' consent, may request the WTO 
Secretariat to provide secretarial and technical support at any time during the use of any of the 
procedures pursuant to Article 5 of the DSU and this Chapter.  
30. Unless the parties agree otherwise,  Secretariat staff that have assisted a particular conciliation 
or mediation shall not assist a panel or an arbitrator in other dispute settlement procedures under 
the DSU involving the same measures subject to the conciliation or mediation.  
IX. Relationship b etween these procedures and other dispute settlement procedures  
31. A party in these procedures shall not rely on, or introduce as evidence, in other dispute 
settlement procedures under the DSU or any other international agreement, any advice or proposed 
solutions from a mediator, or positions taken by the other party or confidential information 
exclusively obtained from the other party during good offices, conciliation, or mediation procedures. 
This restriction does not apply if the information is obtained thr ough other means unrelated to such 
procedures. In the absence of an agreement between the parties, a panel established under Article  6 
or Article 21.5 of the DSU, or an arbitrator appointed under Article 21.3(c) or Article 22.6 or 
Article  25 of the DSU, or  the [Appeal/Review mechanism], shall not consider the aforementioned 
advice, proposed solutions, positions or confidential information unless obtained in accordance with 
the preceding sentence.  
32. Unless the parties agree otherwise, a conciliator or mediato r shall not serve as a member of 
a panel or an arbitrator in other dispute settlement procedures under the DSU, or under any other 
international agreement, involving the same measures for which the person has been the conciliator 
or mediator.  JOB/GC/385  
 
- 12 - 
 
  Appendix 13 
Rules of Procedure for Mediation  
1. Within 10 days after the appointment of the mediator, the party that requested the mediation 
procedure shall deliver to the mediator and the other party a detailed written description of the 
concerns and the specific measu res at issue, identified in its request to initiate mediation submitted 
in accordance with paragraph 13, Section IV, Chapter I, Title I.  
2. Within 30 days after the delivery of this description, the other party shall provide written 
comments to the invoking party and the mediator. Either party may include any information that it 
deems relevant in its description or comments.  
3. The mediator shall assist the parties in an impartial and transparent manner in bringing clarity 
to the matters at issue and in reaching  a mutually agreed solution. In particular, the mediator may 
organize meetings between the parties, consult the parties jointly or individually, seek the assistance 
of, or consult with, relevant experts and stakeholders and provide any additional support r equested 
by the parties. The mediator shall notify a party of the mediator’s intention to consult with the other 
party individually. The mediator shall consult with, and obtain the consent of, both parties before 
seeking the assistance of, or consulting wi th, relevant experts and stakeholders. The mediator may 
raise questions of its own to clarify the facts but shall not make the case for either party.  
4. The mediator may offer advice and propose a solution for the consideration of the parties. The 
parties ma y accept or reject the proposed solution, or agree on a different solution. Unless the 
parties agree otherwise, the mediator shall not advise or comment on the consistency of any 
measure at issue with the covered agreements.  
5. The mediation procedure shall take place on the WTO premises, or by mutual agreement, in 
any other location or by any other means.  
6. The parties shall endeavour  to reach a mutually agreed solution within 60 days of the 
appointment of the mediator. Whenever possible, pending the conclusion of the procedures, the 
parties may agree on interim solutions, particularly in cases of urgency, including those concerning 
perishable goods.  
7. Upon request of either party, the mediator shall issue to the parties a draft written factual 
report, providing:  
a. a brief summary of the matters at issue in the mediation procedure;  
b. the procedures followed;  
c. any mutually agreed solution reached as the outcome of the mediation procedure, 
including any interim solutions; and  
d. any other elements that the parties jointly request the mediator to include.  
8. The mediator shall allow the parties 15 days to comment on the draft written factu al report. 
After considering the comments received, the mediator shall, within 15 days after receipt of the 
parties' comments, deliver a final factual report to the parties. Unless the parties agree otherwise, 
the factual report shall not include any inter pretation of the WTO Agreement  or the covered 
agreements, or any advice or comment on the consistency of any measure at issue with the covered 
agreements. The factual report shall be confidential.  
 
3 Note: There is a request to streamline Appendices 1 to 4. This will be considered once the plenary agrees 
on the substantive content of each.  JOB/GC/385  
 
- 13 - 
 
  Appendix 2  
Rules of Procedure for Conciliation  
1. Within 10 days after the appointment of the conciliator, the party which that requested the 
conciliation procedure shall deliver to the conciliator and the other party a detailed written 
description of the concerns and the specific measures at issue, identified in i ts request to initiate 
conciliation submitted in accordance with paragraph 13, Section IV, Chapter I, Title I.  
2. Within 30 days after the delivery of this description, the other party shall provide written 
comments to the invoking party and the conciliator. Either party may include any information that 
it deems relevant in its description or comments.  
3. The conciliator shall assist the parties in an impartial and transparent manner in bringing 
clarity to the matters at issue and in reaching a mutually agreed so lution. In particular, the conciliator 
may organize meetings between the parties, consult the parties jointly or individually, seek the 
assistance of, or consult with, relevant experts and stakeholders and provide any additional support 
requested by the pa rties. The conciliator shall notify a party of the conciliator’s intention to consult 
with the other party individually. The conciliator shall consult with, and obtain the consent of, both 
parties before seeking the assistance of, or consulting with, relev ant experts and stakeholders. The 
conciliator may raise questions of its own to clarify the facts but shall not make the case for either 
party.  
4. The conciliation procedure shall take place on the WTO premises, or by mutual agreement in 
any other location or  by any other means.  
5. The parties shall endeavour to reach a mutually agreed solution within 60 days of the 
appointment of the conciliator. Whenever possible, pending the conclusion of the procedures, the 
parties may agree on interim solutions, particularly  in cases of urgency, including those concerning 
perishable goods.  
6. Upon request of either party, the conciliator shall issue to the parties a draft written factual 
report, providing:  
a. a brief summary of the matters at issue in the conciliation procedure;  
b. the procedures followed;  
c. any mutually agreed solution reached as the outcome of the conciliation procedure, 
including any interim solutions; and  
d. any other elements that the parties jointly request the conciliator to include.  
7. The conciliator shall allow the parties 15 days to comment on the draft written factual report. 
After considering the comments received, the conciliator shall, within 15 days after receipt of the 
parties' comments, deliver a final factual report to the par ties. Unless the parties agree otherwise, 
the factual report shall not include any interpretation of the WTO Agreement  or the covered 
agreements, or any advice or comment on the consistency of any measure at issue with the covered 
agreements. The factual r eport shall be confidential.  
Appendix 3  
Supplementary Rules of Procedure for Conciliator or Mediator Assistance During Consultations 
under Article 4 of the DSU  
I. Request for conciliator or mediator assistance during consultations under Article  4 
of the DSU  
1. A Member (complaining party) may include in its request for consultations under Article 4 of 
the DSU, a request to engage a conciliator or mediator to assist in the consultations with the aim of 
facilitating a mutually agreed solution.  JOB/GC/385  
 
- 14 - 
 
  2. In its reply pursua nt to Article 4.3 of the DSU, the Member to which the request for 
consultations is made (responding party) shall indicate whether it accepts or rejects the request to 
engage a conciliator or mediator. In the absence of a reply accepting the request in writ ing from the 
Member to which the request is made, the request shall be deemed as declined.  
3. A responding party may include in its reply pursuant to Article 4.3 of the DSU accepting a 
request for consultations, a request to engage a conciliator or mediator to assist in the consultations 
with the aim of facilitating a mutually agreed solution. Unless mutually agreed otherwise, the 
complaining party shall reply in writing no later than 10 days after the date of receipt of such a 
request. In the absence of repl y accepting the request in writing from the complaining party, within 
this deadline, the request shall be deemed as declined. The responding party shall copy the WTO 
Secretariat on its request, to enable the Secretariat to provide the assistance described in 
paragraph  29 of Section VIII, Chapter I, Title I.  
4. The parties shall undertake the conciliator or mediator -assisted consultations in good faith. 
The parties' participation in the conciliator or mediator -assisted consultations shall be without 
prejudice t o their WTO rights and obligations, including under any other dispute settlement 
proceedings pursuant to the DSU.  
II. Selection of conciliator or mediator  
5. Immediately after the Member to which the request under paragraph 1 or 3 is made, replies 
with its accep tance, the parties shall jointly notify the DSB of their agreement. The date of initiation 
of conciliator or mediator -assisted consultations shall be the date of the reply accepting the request 
to engage a conciliator or mediator.  
6. Within 10 days after init iation of conciliator or mediator -assisted consultations, or any other 
period agreed by the parties, they shall endeavour to agree on a conciliator or mediator or on a 
procedure to select the conciliator or mediator pursuant to paragraph 24 of Section VI, Chapter I, 
Title I. If the parties are unable to agree on the conciliator or mediator, or on the procedure to select 
the mediator or conciliator, within the 10 -day time -period or any other time -period agreed by the 
parties, the conciliatior or mediatior -assisted consultations shall be considered terminated.  
7. The conciliator or mediator shall serve in his or her individual capacity. Unless the parties 
agree otherwise, a conciliator or mediator shall not be a citizen of, or affiliated with, either party.  
III. Procedure for the conciliator or mediator -assisted consultation  
8. The conciliator or mediator shall discuss and confirm with the parties the general parameters 
of the conciliator's or mediator's role before the first consultation meeting and confirm that the 
conciliator or mediator will receive any relevant communications between the parties, for example, 
the list of questions to be discussed at a consultation meeting.  
9. The conciliator or mediator shall assist the parties in an impartial and transparent manner in  
bringing clarity to the measures under consultation, the facts to be discussed or agreed upon and 
the issues in dispute with a view to assisting the parties to reach a mutually agreed solution.  
10. At the parties' request, the conciliator or mediator may att end the consultation meeting(s) 
between the parties. Within the scope of their respective roles, the conciliator or mediator may 
consult the parties jointly or individually, seek the assistance of, or consult with, relevant experts 
and stakeholders and pro vide any additional support requested by the parties. The conciliator or 
mediator shall notify a party of its intention to consult the other party individually. The conciliator 
or mediator shall consult with, and obtain the consent of, both parties before seeking the assistance 
of, or consulting with, relevant experts and stakeholders. The conciliator or mediator may raise 
questions of its own to clarify the facts but shall not make the case for either party.  
11. The conciliator or mediator shall assist the pa rties in identifying agreed facts or the scope of 
the dispute to be consulted or both. The mediator may also offer advice and propose a solution for 
the parties' consideration. The parties may accept or reject the proposed solution, or agree on a 
different  solution. Unless the parties agree otherwise, the conciliator or mediator shall not advise or 
comment on the consistency of any measure at issue with the covered agreements.  JOB/GC/385  
 
- 15 - 
 
  12. The conciliator or mediator may suggest an alternative method of dispute resoluti on for the 
parties' consideration.  
13. Within 60 days from the date of receipt of the request for consultations (the "60 -day period"), 
the assistance of the conciliator or mediator may be terminated:  
a. by the conclusion of a mutually agreed solution by the parti es, on the date of the 
conclusion thereof;  
b. by mutual agreement of the parties at any stage of the procedure, on the date of 
that agreement;  
c. by a written declaration of the conciliator or mediator, after consultation with the 
parties, that further efforts to assist would be to no avail, on the date of that 
declaration; or  
d. by notice in writing by either party to the other party and the conciliator or mediator, 
at any stage of the procedure, on the date of that notice.  
14. After the termination of the pro cedures pursuant to subparagraphs ( b), (c) or ( d), the 
complaining party may only request the establishment of a panel 60 days after the date of receipt 
of the request for consultations, unless the parties jointly consider before the expiration of that 
deadline that consultations have failed to settle the dispute.  
15. If the conciliator or mediator -assisted consultations have not terminated within the 60 -day 
period pursuant to p aragraph 13, and unless otherwise agreed, the conciliator or mediator -assisted 
consultations shall terminate automatically on the 60th day after th e date of receipt of the request 
for consultations.  
16. At the parties' request, at the first DSB meeting following the termination of the conciliator or 
mediator -assisted consultation, the conciliator or mediator may report to the DSB on the process 
and outc ome, if any, including any steps the parties have agreed upon to progress or to resolve their 
dispute.  
17. To the extent that there is a difference between the rules of procedure in Appendix 1 ( Rules 
of Procedure for Mediation) with the special or additional r ules of procedure in this Appendix, or 
between the  rules of procedure in Appendix 2 ( Rules of Procedure for Conciliation ) with the special 
or additional rules of procedure in this Appendix, the special or additional rules of procedure in this 
Appendix shal l prevail.  
Appendix 4  
Supplementary Rules for Procedures Undertaken Pursuant to Title IV (Compliance)  
1. This Appendix develops the procedures referred to in paragraph 2 of Title IV (Compliance).  
I. Initiation of good offices, conciliation or mediation  
2.  The com plaining party4 may invite the Member concerned to engage in good offices, 
conciliation or mediation, indicating the proposed method within 10 days after the circulation of an 
adjudicative report.  
3. When the request is made by a developing or least -developed country Membe r, the party to 
which the request is made shall give sympathetic consideration to the request.  
4. The Member concerned is expected to respond to the complaining party’s invitation within 10 
days, indicating whether it agrees to engage in good offices, concili ation or mediation and with the 
 
4 For greater clarity, the Member concerned is not precluded from inviting the complaining party to engage 
in good offices, conciliation or mediation. In such case, the deadlines provided for in paragraphs 2 and 4 shall 
apply.  JOB/GC/385  
 
- 16 - 
 
  proposed method. If the parties cannot agree on the proposed method within 5 days after the 
deadline for the response of the Member concerned, the parties shall engage in good offices .5 
5. The parties shall notify to the DSB t he request, the response and the method selected within 
7 days of acceptance by the Member concerned of the invitation to engage in good offices, 
conciliation or mediation. If the parties cannot reach an agreement or any party withdraws its 
agreement to en gage in good offices, conciliation or mediation, they are also required to notify the 
DSB. 
II. Selection of conciliator or mediator  
6. The parties shall endeavor to agree6 on the conciliator or mediator within 10 days from the 
date of the agreement to engage in the proceedings.  
7. If the parties are unable to agree on the conciliator or mediator, they may agree to request 
the assistance of the Director -General in the selection  process. To this end, both parties shall send 
the request in writing within 5 days after the expiration of the deadline provided for in paragraph 6, 
indicating the qualifications that each party seeks in the conciliator or mediator.  
8. The Director -General s hall select the conciliator or mediator within 10 days after receiving the 
request from the parties.  
9. If the parties cannot agree to request the appointment of a conciliator or mediator pursuant 
to paragraph 7, then the parties shall engage in good offices .7 
III. Intervention of a good officer  
10. The parties may agree to engage in good offices. Good offices shall be the default method if 
the parties are unable to agree in the selection of another method under paragraph 4 or are unable 
to select the conciliator or mediator under paragraph 7.  
11. Unless otherwise agreed by the parties, the Director -General shall act as a good officer.  
IV. Objective of good offices, conciliation or mediation at the compliance stage  
12. At the compliance stage of dispute settlement proceedings, w ith a view to securing a mutually 
agreed solution to a dispute in accordance with Article 3.7 of the DSU, a good officer, conciliator or 
mediator8 may assist, within the scope of their respective functions, the parties in reaching a 
common understanding, including on: a) the measures that could be taken to implement the rulings 
and recommendations of the DSB or an arbitration award pursuant to Article 25 of the DSU; or 
b) the reasonable period of time for implementation; or c) both.  
V. Timeframe  
13. Unless otherw ise agreed by the parties, the procedures under this Appendix shall conclude 
within 45 days following the selection of the good officer, conciliator or mediator.  
 
5 For greater clarity, notwithst anding this provision, each party retains the possibility to withdraw its 
agreement to engage in good offices, conciliation and mediation. In that case, whenever the Member concerned 
decides to withdraw its agreement, paragraph 4 of Title IV (Compliance) s hall apply. If it is complaining party 
who decides to withdraw its agreement, then paragraphs 5 and 6 of Title IV (Compliance) shall apply.  
6 The parties may have recourse to the options provided for in paragraph 25, Section VI, Title I.  
7 For greater clar ity, notwithstanding this provision, each party retains the possibility to withdraw its 
agreement to engage in good offices. In that case, whenever the Member concerned decides to withdraw its 
agreement, paragraph 3 of Title IV (Compliance) shall apply. If  it is the complaining party who decides to 
withdraw its agreement, then paragraph 3 of Title IV (Compliance) shall not apply.  
8 As defined in paragraph 1, Section I, Title I.  JOB/GC/385  
 
- 17 - 
 
  VI. Implementation of mutually agreed solution  
14. Any mutually agreed solution reached between the p arties pursuant to this Appendix shall be 
notified to the DSB and the relevant Councils and Committees, where any Member may raise any 
point relating thereto.  
15. The implementation of a mutually agreed solution may be raised at the DSB by any Member 
at any ti me. 
16. To the extent that there is a difference between the rules of procedure in Appendix 1 ( Rules 
of Procedure for  Mediation ) with the special or additional rules of procedures in this Appendix, or 
between the rules of procedures in Appendix 2 ( Rules of Pro cedure for Conciliation ) with the special 
or additional rules of procedures in this Appendix, the special or additional rules of procedures in 
this Appendix shall prevail.  
Chapter II  
Simplified Arbitration Proceedings Pursuant to Article 25 of the DSU  
1. Whenever Members agree9 to resort to arbitration pursuant to Article 25 of the DSU for the 
resolution of certain disputes, the Model Rules of Procedure for Simplified Arbitration Proceed ings, 
outlined in the Appendix of this Chapter, may be applied and adapted10 if Members so mutually 
agree.  
2. In accordance with paragraph 7 of Title IV (Compliance), when entering into an arbitration 
agreement pursuant to Article 25 of the DSU, the Parties may agree to apply to the arbitration 
awards the provisions of Title IV, subject to any adaptations they deem appropriate.  
Appendix 1  
Model Rules of Procedure for Simplified Arbitration Proceedings  
Pursuant to Article 25 of the DSU  
1. [The parties to the disp ute] (the parties) agree, in accordance with Article  25.2 of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes  (DSU), to resort to 
arbitration under Article 25 of the DSU. This agreement extends to following the rules of proced ure 
outlined below and abiding by the arbitration award.  
I. Terms of reference  
2. The arbitrator shall have the following terms of reference:  
To examine, in the light of the relevant provisions in (name of the covered agreement(s) cited 
by the parties to the d ispute), the matter (clearly defined by the parties) and to make such 
findings and recommendations that will assist the parties to resolve their dispute.  
3. The arbitrator shall only address those issues that are necessary for the resolution of the 
dispute.  
 
9 Members have the discretion to enter into arbitration at any time and choose their preferred method to 
initiate arbitration, consistent with Article 25 of the DSU. By way of illustration, Members may agree to resort to 
arbitration if the consultations pursuant to Article 4 of the DSU fail to settle the dispute. Another possible 
approach, among others, entails a Member submitting a written request to another Member, clearly identifying 
the proposed subject matter of arbitration. If applicable, the request should also provide a brief summary of the 
legal basis to present the problem c learly. The Member receiving the request is encouraged to give sympathetic 
consideration to a request from a developing or least -developed country Member. If the Member to whom the 
request is made does not intend to enter into arbitration, it should provid e reasons for this decision to the 
requesting party. Unless the parties agree otherwise, the request and the reply shall be confidential.  
10 Members’ agreed arbitration procedures may be used as notification to the DSB pursuant to Article 25.2 
of the DSU.  JOB/GC/385  
 
- 18 - 
 
  4. The arbitration shall be governed by these rules of procedure. For procedural matters not 
expressly regulated by these rules, t he arbitrator, in consultation with the parties, may supplement 
these rules of procedure with the provisions of the DSU and of [t his Decision] applicable to panel 
proceedings.  
II. Composition of the arbitrator  
5. The arbitrator shall be composed of three individuals.  
6. Where a party to an arbitration is a developing country Member, the arbitrator shall, if the 
developing country Member so  requests, include at least one individual from a developing country 
Member.  
7. The parties shall endeavour to agree on the appointment of the arbitrator or the method11 for 
the selection of the individuals within 15 days from the date of the notification of agreement to resort 
to arbitration. If the parties fail to agree on the appointment of the arbitrator or the method for the 
selection of the individuals within the de adline, any of them may request the Director -General of the 
WTO to appoint the arbitrator. In this case, the Director -General shall appoint the arbitrator, after 
consulting the parties, within 15 days after receiving a request.  
8. The parties shall jointly n otify to the DSB the composition of the arbitrator within 10 days 
after finalizing the appointments.  
9. There shall be no ex parte  communications with the arbitrator concerning matters under 
consideration by the arbitrator.  
III. Third parties  
10. The participation of third parties [shall/shall not] be accepted in these procedures.12  
[If parties agree to accept third parties:  
11. Members shall n otify, to the DSB and the parties, their interest to participate as third parties 
in the arbitration procedure within seven days after the parties' notification to resort to arbitration 
pursuant to Article 25.2 of the DSU.]  
IV. Timeline  
12. The arbitrator shall is sue the award within 90 days following the notification of the composition 
of the arbitrator to the DSB under paragraph 8.  
13. To that end, the arbitr ator may implement effective organizational measures to streamline 
the proceedings, giving due consideration to the views of the parties [and third parties]. These 
measures may include decisions on word limits, time -limits, strict adherence to deadlines, a nd the 
duration and number of hearings required.  
V. Suspension  
14. The arbitrator may suspend its work at any time at the request of the complaining party13 for 
a period not exceeding 12 months. Any suspension extending beyond the 12 -month period shall be 
agreed by the parties.  
15. In the event of a suspension, the time -frames of the arbitration proceeding shall be extended 
by the amount of time that the work was suspended.  
 
11 The parties may consider the methods for selection provided for in Chapter II, Title II.  
12 When agreeing the rules of procedure applicable  to a dispute, the parties shall decide whether to accept 
the participation of third parties. The rules shall be adapted accordingly.  
13 If the nature of the arbitration prevents the identification of the complaining party or the responding 
party, the arbi trator may suspend its work at any time upon the request of both parties.   JOB/GC/385  
 
- 19 - 
 
  16. The arbitrator shall resume the proceedings after the expiration of the suspension, unless th at 
the parties agree to extend the suspension or terminate the proceedings.  
VI. Submissions and hearings  
17. The arbitration proceedings shall be conducted based on written submissions and exhibits.14 
Parties [and third parties] shall have the right to submit at least one written submission. The 
arbitrator will determine whether further written submissions are necessary and, after consulting 
with the parties, establish a timeline for such submissions.  
18. The arbitrator may also conduct meetings with the parties [and  third parties], after consulting 
the parties. [Third parties shall have the right to participate in [the meeting between the arbitrator 
and the parties/a session dedicated to third parties]]. A copy of the oral statements made by parties 
[and third partie s] shall be submitted to the arbitrator as delivered.  
19. Unless otherwise agreed by the arbitrator in consultation with the parties and the WTO 
Secretariat, the meetings with the parties [and third parties] shall take place on the WTO premises.15 
20. Prior to issuing the final award, the arbitrator shall issue an interim award to the parties, 
including both the descriptive sections and the arbitrator’s findings and conclusions. The arbitrator 
shall afford the parties an opportunity to provide comments.  
VII.  Informat ion before the arbitrator  
21. The arbitrator shall have the right to seek information and technical advice from any individual 
or body that it deems appropriate. However, before the arbitrator seeks such information or technical 
advice from any individual or b ody within the jurisdiction of a Member, it shall inform the authorities 
of that Member. Article 13.2 and Appendix 4 of the DSU shall apply mutatis mutandis . 
VIII.  Confidentiality  
22. Title VIII of this [Decision]16 and Articles 14 and 18 of the DSU shall be applicable to arbitration 
proceedings.  
IX. Mutually agreed solution  
23. A solution mutually acceptable to the parties and consistent with the covered agreements is 
clearly to be preferred. The arbitrator should consult r egularly with the parties to the dispute and 
give them adequate opportunity to develop a mutually satisfactory solution.  
24. Mutually agreed solutions to matters formally raised under the arbitration shall be jointly 
notified to the arbitrator, the DSB and th e relevant WTO bodies, where any Member may raise any 
point relating thereto.  
X. Secretariat support  
25. The arbitrator will be provided with appropriate administrative and legal support by the WTO 
Secretariat. Title VII of this [Decision]17 shall be observed.  
 
14 Unless decided otherwise by the arbitrator in consultation with the parties, the parties shall make 
written submissions not exceeding 20,000 words; and third parties shall make wr itten submissions not exceeding 
4,000 words. For the purposes of word limits, written submissions do not include the table of contents, annexes 
and supporting documentation, but shall include footnotes. The facts of the dispute and arguments shall be 
prese nted in the written submissions. Exhibits shall be referred to in the text of the submission and their function 
is to serve as evidence to prove or illustrate a particular aspect of a party’s submission on which it is seeking to 
rely. Therefore, exhibits, annexes and supporting documentation shall not be used to circumvent the word limits.  
15 Due consideration shall be given to the special situation of developing and least -developed countries 
with a view to facilitating their participation at the meetings.  
16 Note: the final version of this Appendix shall make reference to the complete name of the Decision.  
17 Note: the final version of this Appendix shall make reference to the complete name of the Decision.  JOB/GC/385  
 
- 20 - 
 
  XI. Arbitration award  
26. The arbitrator's final award shall be notified to the DSB and the council or committee of any 
relevant agreement pursuant to Article 25.3 of the DSU at the time of issuance to the parties.  
TITLE II  
PANEL PROCEEDINGS  
Chapter I  
Establishment  of Panels  
Each Member agrees not to exercise its right to object to the establishment of a panel at the DSB 
meeting at which the request first appears as an item on the DSB's agenda.18  
Chapter II  
Panel Composition  
I. Citizens of third parties  
1. In reference to Article 8.3 of the DSU, Members agree, with respect to any dispute, that a 
citizen of a Member whose government is a third party to the dispute and who is not employed by, 
or affiliated with, the government of any party or third party in th at dispute19, may be nominated 
and considered to serve on a panel concerned with that dispute.20  
2. Notwithstanding paragraph 1, Members may object to appointments of citizens of Members 
whose governments are third parties to the dispute when the Director -General is requested to 
determine the composition of a panel pursuant to Article 8.7 of the DSU. If either party objects to 
such appointments in a dispute, citizens of Members whose governments are third parties to that 
dispute shall not be appointed.  
II. Indica tive list  
Meaningful indicative list  
1. Further to Article 8.4 of the DSU, in order to support the maintenance of a meaningful 
indicative list established in line with paragraph 7 of this Section, each Member is encouraged to 
nominate up to three citizens for  inclusion on the indicative list.  Each Member may also nominate 
one person who is not a citizen of that Member for inclusion on the indicative list.21,22 
2. In order to support the maintenance of an indicative list that supports panel members being 
selected  with a view to ensuring a sufficiently diverse background and a wide spectrum of 
experience, as provided for in Article 8.2 of the DSU, Members should promote gender balance and 
geographic representation in making nominations to the indicative list . 
 
18 Note: If Members wish this Decision to be made via an amendment to the DSU, the text of Article 6.1 
of the DSU could be amended as follows: " If the complaining party so requests, a panel shall be established at 
the DSB meeting at which the request 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. " 
19 This concerns persons currently employed by, or affiliated with, a government of any  party or third 
party in the dispute, and persons who have been employed by, or affiliated with, such government within a 
period of two years preceding the panel composition.  
20 For greater clarity, a party may nevertheless oppose such nominations pursuant to Article 8.6 of the 
DSU. 
21 For greater clarity, a Member may nominate: (a) one, two or three citizens and one non -citizen; (b)  one, 
two or three citizens and no non -citizen; (c) one non -citizen only; or (d) make no nomination.  
22 With respect to nominatio ns to be made by the European Union and by its Member States pursuant to 
this sentence, Members take note of their intention to nominate persons who are not citizens of a Member State 
of the European Union.  JOB/GC/385  
 
- 21 - 
 
  Qualifications of individuals nominated to the indicative list  
3. Members affirm their interest in panels being composed of well -qualified individuals, as 
provided for in Article 8.1 of the DSU.  To that end, nominations to the indicative list made under 
paragraph  1 of this Section shall comprise of individuals possessing significant relevant experience .23 
4. For purposes of paragraph 3 of this Section, relevant experience shall consist of:24 
a. experience as a legal practitioner principally dealing with international ec onomic and 
trade law matters;25 or 
b. experience relating to the subject matter of the covered agreements.26 
5. Academic experience in teaching or publishing on international economic and trade law and 
policy, including on the subject matter of the covered agreements may also be taken into account 
for purposes of reaching the significant relevant experience provided for in paragraph 3 of this 
Section, provided that the nominated person also possesses the experience set out in paragraph 4 
of this Sect ion.27  
6. Individuals nominated to the indicative list under paragraph 1 of this Section shall also 
possess:  
a. high ethical standards; and  
b. the ability to effectively communicate orally and in writing in one or more of the 
official working languages of the WTO.  
Establishment and maintenance of the indicative list  
7. A new indicative list shall be adopted by the DSB  within six months of the adoption of this 
Decision by Members, on the basis of nominations to be submitted by Members within four months 
of the adoption of this Decision.  The new indicative list shall be composed in line with this Section, 
and with the a ssistance of the Chairperson of the DSB following the procedures set out in 
Appendix  I.28 
8. Members are encouraged to make nominations when the indicative list is being composed 
pursuant to paragraph 7 of this Section.  Members shall submit nominations to th e Chairperson of 
the DSB, and nominations shall be confidential until the Chairperson of the DSB transmits the list to 
the DSB for adoption.  If a Member does not make a nomination at the time the indicative list is 
being composed pursuant to paragraph 7, it may do so following the same process at any time for 
the remainder of the time period before the next re -composition as referred to in paragraph 9 of 
this Section . 
 
23 Members understand that significant experience means at least 10 years of experience. For greater 
clarity, the duration of relevant experience need not be continuous and may be cumulative.  
24 For greater clarity, relevant experience may be a combination of experience set out in 
subparagraphs  (a) and (b)  of paragraph 4.  
25 Relevant experience includes, for example, experience as a legal practitioner in international dispute 
settlement on international trade law matters, as a panelist, arbitrator, or counsel to the parties, or senior legal 
support to an arb itration tribunal or panel.  
26 Relevant experience includes, for example, experience as a government official, conciliator, mediator, 
negotiator or diplomat directly relating to the subject matter of the covered agreements; experience in the 
conduct of, or participation in, domestic trade remedies proceedings; or experience within domestic authorities 
or the private sector, the activity of which directly relates to the subject matter of the covered agreements (such 
as, for example, customs authorities).  
27 For the purposes of this paragraph, Members understand that the nominated person would need to 
possess at least four years of the experience set out in paragraph 4 of this Section.  
28 For greater clarity, if for any reason the new indicative list is not compo sed pursuant to paragraph 7 of 
this Section, or is not re -composed pursuant to paragraph 9 of this Section, the composition of panels shall 
proceed on the basis of the procedures set out in Article 8 of the DSU.  JOB/GC/385  
 
- 22 - 
 
  9. The indicative list shall be recomposed every four years in order to ensure it remains up -to-
date. To this end:  
a. The Chairperson of the DSB shall invite Members to submit nominations in the period 
of between six and four months before the expiry of the four -year period since the 
adoption of the previous list.  
b. Members may re -nominate the same in dividual nominated previously.  
c. The previous indicative list remains valid until the re -composed list is adopted by the 
DSB, but for no longer than two years beyond the four -year period referred to in 
paragraph 9 in the event the indicative list is not re -composed pursuant to this 
paragraph.  
10. The timeframes referred to in paragraph 9 of this Section may be modified by the DSB.  
11. Members are encouraged to ensure their nominations to the indicative list remain available to 
serve as panelists during the period the y are on the indicative list. If a person included on the 
indicative list is no longer available to remain on the indicative list, the nominating Member may 
make another nomination for the remaining time ahead of the next re -composition. In that case the 
same nomination process set out in this Section is to be followed by the nominating Member.  
12. In order to assist Members making nominations to the indicative list, the Secretariat shall 
launch a call for expressions of interest by individuals one month after the adoption of this decision, 
and thereafter eight months ahead of each re -composition of the indicative list as provided for in 
paragraph 9 of this Section.  This call for expressions of interest should aim to compile, in a database 
accessible by Members , a list of interested and eligible individuals seeking to be nominated by a 
Member to the indicative list.  In seeking expressions of interest, the Secretariat should provide the 
opportunity for individuals, in a standard electronic form, to outline how t hose individuals meet the 
qualification requirements outlined in paragraphs 3 to 5 of this Section as well as languages spoken.  
13. The indicative list, once adopted by the DSB, shall be made available online for Members to 
access.  To assist in the selection of panelists, the indicative list shall include, for each nominated 
individual, relevant information relating to the qualification requirements set out in paragraphs 3, 4, 
5 and 6 b) of this Section.  
14. Members are encouraged to pay particular attention to th e statistical information provided 
ahead of the indicative list being recomposed, as provided for in paragraph  9 of this Section, and 
factor this into their consideration of nominations to the indicative list.29 
Use of the indicative list  
15. The Secretariat i s encouraged to use the indicative list in proposing nominations for the panel 
to the parties pursuant to Article 8.6 of the DSU.  
III. Appointments made by the Director -General  
1. In the context of Article 8.7 of the DSU, where the parties so agree at the panel composition 
meeting with the Secretariat,30 each party shall submit to the Director -General, in accordance with 
paragraph 2 (a) of this Section, a list comprising of at least 30 individuals that are on the indicative 
list.  Parties may agree on a dif ferent number of individuals to submit to the Director -General.  Such 
lists shall be treated as confidential . 
 
29 Note: to introduce a cross -reference to th e accountability mechanism with a view to make it clear the 
type of information needed.  
30 The Secretariat shall ascertain at the first panel composition meeting whether the parties agree to 
resort to the mechanism in this Section in the event a party makes  a request pursuant to Article 8.7 of the 
DSU.   JOB/GC/385  
 
- 23 - 
 
  2. Where the parties so agree pursuant to paragraph 1, the Director -General is requested to 
follow the following process for determining the composit ion of the panel when requested by a party 
under Article 8.7 of the DSU:  
a. Consult with the parties to the dispute, including to obtain the panel composition 
criteria of the parties and the lists of individuals submitted pursuant to paragraph 1 
of this Sect ion. 
b. Consult the lists submitted by the parties pursuant to paragraph 1 of this Section 
with a view to establishing whether there is overlap in the individuals that have been 
included in each list.  
c. Determine the composition of the panel by appointing the p anelists from the overlap, 
taking into account, to the extent possible, the parties’ panel composition criteria.  
d. Should the overlap provide less than three individuals, the Director -General shall 
complete the panel composition.  In completing the panel co mposition the Director -
General is not excluded from considering names from the lists of individuals 
submitted pursuant to paragraph 1 of this Section.  
3. The Director -General is requested to consider, in exercising the responsibility provided for in 
Article 8 .7 of the DSU, Members’ interest in panel members being selected with a view to ensuring 
a sufficiently diverse background and a wide spectrum of experience, as provided for in Article 8.2 
of the DSU and elaborated in paragraph 2 of Section II.  
Appendix I  
Assistance from the Chairperson of the DSB in composing and recomposing the indicative list 
referred to in paragraph 7 and paragraph 9 of Section II  
Members request the following assistance from the Chairperson of the DSB in composing and re -
composing the indicative list referred to in paragraph 7 and paragraph 9 of Section II:  
1. The Chairperson of the DSB, with the support of the Secretariat as appropriate, shall prepare 
a standardized electronic form to facilitate the provision of information relevant to th e nomination 
by Members, including information related to the qualification requirements set out in paragraphs 3 
to 5 of Section II.  Particular attention should be given to collating information related to qualification 
requirements and the length of rele vant experience in an objectively verifiable manner . 
2. The Chairperson of the DSB, with the support of the Secretariat as appropriate, shall check 
nominations made by Members with a view to ensuring nominated individuals meet the qualification 
requirements s et out in paragraphs 3 to 5 of Section II.  
3. Should the Chairperson of the DSB have insufficient information to assess whether the 
qualification requirements have been met or consider that any of the qualification requirements in 
paragraphs 3 to 5 of Section  II have not been met, the Chairperson of the DSB shall consult with 
the nominating Member.  
4. If, following consultations with the nominating Member, the Chairperson of the DSB  continues 
to have insufficient information or hold the view that the nominated individual does not meet the 
qualification requirements in paragraphs 3 to 5 of Section II, the Chairperson may recommend to 
the nominating Member that it not nominate the rele vant individual.  The nominating Member may 
decide either to make an alternative nomination, or to nevertheless proceed with the nomination 
following consultations with the nominated individual.  
5. The Chairperson of the DSB shall transmit the list to the DSB  for adoption. The Chairperson 
of the DSB shall inform Members at that time, without identifying specific Members or individuals, 
whether any recommendations were made to a nominating Member who nevertheless decided to 
proceed with the relevant nomination,  as contemplated in paragraph 4 of this Appendix. Any Member 
may subsequently request consultations with the Chairperson of the DSB to understand which 
nominating Member received such a recommendation and nevertheless proceeded with the relevant JOB/GC/385  
 
- 24 - 
 
  nomination . The content of such consultations shall remain confidential between the requesting 
Member and the Chairperson of the DSB . 
Chapter III  
Streamlining the Panel Process  
1. The panel shall adopt, as part of the working procedures issued following the organiza tional 
meeting, procedures that are consistent with paragraphs 2 to 7.  
I.  Submission of evidence  
2. The panel shall require the parties to submit all evidence, except evidence for the purposes of 
rebuttal, in their first written submissions. The panel may grant an exception if a party shows good 
cause.  
II.  Timing of filing of submissions  
3. The parties' first written submissions and rebuttal submissions shall be sequential, with the 
complaining party submitting its submissions before the respondi ng party's submissions.31  
III.  Meetings with the panel  
4. Subject to paragraphs 5 and 6, a single substantive meeting with the parties shall be held 
after the filing of the responding party's rebuttal submission. A session of this substantive meeting 
shall be set aside for the third parties.  
5. Upon a party's request at the organizational meeting, the panel will hold the third -party 
session after the filing of the parties' first written submissions and before the filing of the complaining 
party's rebuttal  submission. The panel shall decide, following consultation with the parties and third 
parties, the format of the third -party session (either via a virtual platform or in a hybrid format to 
enable participation both in person and via a virtual platform) an d the date of the session.  
6. Upon a party's request and to ensure the effective conduct of the dispute, the panel will hold 
an additional substantive meeting with the parties focused on selected issues after the filing of the 
parties' first written submis sions and before the filing of the complaining party's rebuttal submission. 
The requesting party should briefly explain the rationale behind its request and identify the selected 
issues on which the meeting should focus. Such a request should be made at th e organizational 
meeting, and in no case be made later than one week after the filing of the first written submission 
of the responding party. Any such additional substantive meeting shall be held no later than three 
weeks32 after the filing of the first w ritten submission of the responding party.  
7. If, in accordance with paragraph 6, an additional substantive meeting is held, the panel shall 
decide, following consultation with the parties, the issues on which the additional substantive 
meeting shall focus , the format of the meeting (in person, via a virtual platform or in a hybrid format 
(enabling participation both in person and via a virtual platform)) and the date(s) of the meeting.  
Advance Written Questions by Panels  
1. In order to improve the efficien cy of the proceedings, each panel shall send written questions 
to the parties at least 10 days before each substantive meeting of the panel with the parties and, to 
the third parties, at least 10 days before the third party session.  
2. This is without prej udice to the panel 's decision to ask questions at any time. However, the 
panel is encouraged to pose all questions before the end of the substantive meeting of the panel 
with the parties.  
 
31 For greater certainty, Members shall not object to sequential filing of rebuttal submissions on the 
grounds that Article 12.6 of the DSU provides for simultaneous submissions..  
32 Note: to review this timefr ame after completing the table in Appendix 1, Chapter IV.   JOB/GC/385  
 
- 25 - 
 
  Chapter IV  
Conciseness and Time -Frame Adherence  
1. The panel shall adop t, as part of the working procedures issued following the organizational 
meeting, word limits for written submissions33, time limits for oral submissions, and a complete 
timetable, taking into account the complexity of the dispute. The panel is expected to enforce word 
and time limits and ensure strict adherence to timeframes.  
Word and Time -Limits  
2. In standard disputes, the following limits shall apply:  
a. The parties' first written submissions shall not exceed 30,000  words.34 The parties' 
second wri tten submissions shall not exceed 24,000 words.35 The third parties' 
written submissions shall not exceed 6,000 words.36  
b. The parties' opening oral statements shall not exceed 60 minutes. The third parties' 
opening oral statements shall not exceed 15 minutes .  
3. In exceptional situations,37 the panel may determine that a dispute is complex or 
extraordinarily complex for the purpose of establishing appropriate word and time -limits. In 
determining or reconsidering the complexity of the dispute, the panel s hall consult the parties and 
take into account the complexity of legal and factual issues, including but not limited to, the 
complexity of the analysis required to determine a breach or a defence, the amount of expert and 
other complex evidence and the com plexity of the measures at issue.  
4. The panel shall reconsider the level of complexity of the dispute at the request of a party. If 
the panel changes its determination as to the level of complexity of the dispute, the working 
procedures shall be amended as r equired taking into consideration procedural fairness between 
parties.  
5. If a dispute is determined to be complex according to paragraph 3, the following word and 
time-limits shall apply:  
 
33 For the purposes of word limits, written submissions do not include the table of contents, annexes and 
supporting documentation, but shall include footnotes. In that respect, Members recall that,  consistent with 
para. 4 of Appendix 3 of the DSU, the facts of the dispute and arguments shall be presented in the written 
submissions. Exhibits shall be referred to in the text of the submission and their function is to serve as evidence 
to prove or illustrate a particular aspect of a party's submission on which it is seeking to rely. Therefore, exhibits, 
annexes and supporting documentation shall not be used to circumvent the word limits.  
34 Note: Based on an understanding of approximately 400 words p er page, including footnotes, 
30,000  words is equivalent to 75 pages.  
35 Note: Based on an understanding of approximately 400 words per page, including footnotes, 
24,000  words is equivalent to 60 pages.  
36 Note: Based on an understanding of approximately 40 0 words per page, including footnotes, 
6,000  words is equivalent to 15 pages.  
37 The establishment of word and time limits reflects Members’ understanding that submissions should 
focus on what is necessary to resolve the dispute and Members’ expectation tha t the majority of disputes will 
normally fall into the standard category. A determination that a dispute is complex or extraordinarily complex 
requires the requesting Member to establish the complexity of the dispute and demonstrate the impossibility of 
adequately presenting the case within the limits for standard disputes, taking into consideration the provisions 
in paragraphs 3 and 4 of this Chapter. Extraordinarily complex disputes should be construed as arising from truly 
exceptional circumstances. Adju dicators are expected to exercise circumspection if categorizing disputes as 
complex or extraordinarily complex.  JOB/GC/385  
 
- 26 - 
 
  a. The parties' first written submissions shall not exceed 48,000 words.38 The parties' 
second written submissions shall not exceed 40,000 words.39 The third parties' 
written submissions shall not exceed 8,000 words.40  
b. The parties' opening oral statements shall not exceed 90 minutes. The third parties' 
oral statements shall no t exceed 20 minute s.  
6. Where a dispute is determined to be extraordinarily complex according to paragraph 3, the 
panel may set word and time -limits i n excess of those set out above for complex disputes. In no 
case shall a written submission exceed 90,000 words41 nor shall an oral statement exceed 
120 minutes.  
7. Where a single panel has been established under Article 9.1 of the DSU, and the complainants 
are not making joint submissions, the responding party may request additional flexibility for each 
limit in paragraphs 2, 5, 6, 8 and 9 of up to 100% for each additional complainant.  
8. Any separate request for a preliminary ruling and response to such request shall not exceed 
6,000 words.42 Third parties ' comments shall not exceed 2,000 words.43  
 
9. Parties ' comments on the panel's interim report shall not exceed 12,000 words.44  
10. When establishing the limits set out in paragraph 2, the panel may apply flexibility by setting 
limits up to 35% higher than specified in paragraph 2. When establishing the limits set out in 
paragraphs 5, 8 and 9, the panel may apply flexibility by setting a l imit of up to 25% higher than 
specified in the applicable paragraphs.  
11. Where submissions are provided in French or Spanish, the above word limits shall be increased 
by 15%.  
Adherence to Time -Frames45 
12. To ensure the prompt settlement of disputes, panel proceedings shall strictly adhere to  the 
following time -frames. The parties shall cooperate with the panel to enable the panel to issue the 
report within the applicable time -frame.  
13. In standard disputes, the period in which the panel shall conduct its examination, from the 
date of issuance of the working procedures46 following the organizational meeting until the date of 
issuance of the final report to the parties shall not exceed nine months.47 In cases of urgency, 
 
38 Note: Based on an understanding of approximately 400 words per page, including footnotes, 
48,000  words is equivalent to 120 pages.  
39 Note: Based on an understanding of approximately 400 words per page, including footnotes, 
40,000  words is equivalent to 10 0 pages.  
40 Note: Based on an understanding of approximately 400 words per page, including footnotes, 
8,000  words is equivalent to 20 pages.  
41 Note: Based on an understanding of approximately 400 words per page, including footnotes, 
90,000  words is equivale nt to 225 pages.  
42 Note: Based on an understanding of approximately 400 words per page, including footnotes, 
6,000  words is equivalent to 15 pages. If the preliminary ruling request is included in the first written submission, 
the word limit for the first  written submission shall apply.  
43 Note: Based on an understanding of approximately 400 words per page, including footnotes, 
2,000  words is equivalent to 5 pages.  
44 Note: To be reconsider after reviewing the operation of the interim review.  
45 Note: To con sider appropriate amendments to DSU.  
46 The working procedures shall be issued to the parties no later than three weeks after the date of panel 
composition.  
47 The Panel shall ensure that, following the issuance of the working procedures subsequent to the 
organizational meeting: a) the substantive meeting between the panel and the parties, as per paragraph (e), 
occurs no later than 19 weeks; and b) the issuance of the interim report, as per paragraph (h), occurs no later 
than 28 weeks.  JOB/GC/385  
 
- 27 - 
 
  including those relating to perishabl e goods, the panel shall aim to issue its report to the parties 
within three months.48 
14. In the exceptional situation that a dispute is determined to be complex under paragraph 3, 
the period in which the panel shall conduct its examination, from the date of issuance of the working 
procedures49 following the organizational meeting until the date of issuance of the final report to the 
parties, shall not e xceed 12  months.50 
15. In order to ensure compliance with applicable time -frames and enhance predictability, the 
panel and the parties shall follow the standardized timetable as set out in Appendix 1 for panel work 
for a standard dispute or a complex dispute u nder paragraph 13 and paragraph 14 respectively. 
Subject to strict adherence to the deadlines set forth in paragraphs 13 and 14, as well as those set 
out in footnotes [48 and 51], the panel, in consultation with the parties, may modify certain parts 
of the standardized timetable. When modifyin g the standardized timetable, the panel shall ensure 
fairness between the parties.  
16. Where a dispute is determined to be extraordinarily complex under paragraph 3, the period 
in which the panel shall conduct its examination, from the date of issuance of the working 
procedures51 following the organizational meeting until the date of issuance of the final report to the 
parties, shall not exceed 18  months.  The panel may adapt the standardized timetable in Appendix 1 
accordingly.52 
17. In case of force majeure , i.e. an unforeseen event beyond the control of the panel and the 
parties that prevents the conduct  of panel work, the panel may, following consultations with the 
parties, suspend the proceedings as long as the unforeseen event continues to prevent the co nduct 
of panel work.  
18. If the panel suspends the proceedings pursuant to paragraph 17, it shall inform the DSB in 
writing, within one week of the sus pension decision, providing an estimate of the suspension period 
and the reasons that prevent the continuation of its work.  
19. For the avoidance of doubt, the time -frames set out in paragraphs 13, 14 and 16 shall be 
extended by the duration of the suspension of the proceedings pursuant to a decision in accordance 
with Article 12.12 of the DSU or for the reasons set out in paragraph 17.  
20. Where the suspension period set out in paragraph 18 exceeds two months, the panel shall 
inform the DSB  in writing at least one week before expiry of the first two months, and thereafter 
every month, of the continuous suspension, and of any update, or not, on the information provided 
to the DSB in accordance with paragraph 18. 
21. The panel shall ensure strict adherence to the time -frames provided for in paragraphs 13, 14 
and 16. Failure to meet these time -frames will be subject to monitoring by Members as part of the 
Accountability Mechanism under Title X. Furthermore, the DSB Chair shall issue a public 
communication to the concerned  panelists and Secretariat staff, reminding them about t he critical 
importance of adhering strictly to time -frames. In the event of panelists participating in multiple 
 
48 Note: Paragraph based  on Article 12.8 of the DSU.  
49 The working procedures shall be issued to the parties no later than three weeks after the date of panel 
composition.  
50 The Panel shall ensure that, following the issuance of the working procedures subsequent to the 
organizati onal meeting: a) the substantive meeting between the panel and the parties, as per paragraph (e), 
occurs no later than 26 weeks; and b) the issuance of the interim report, as per paragraph (h), occurs no later 
than 39 weeks.  
51 The working procedures shall be issued to the parties no later than three weeks after the date of panel 
composition.  
52 The Panel shall ensure that, following the issuance of the working procedures subsequent to the 
organizational meeting: a) the substantive meeting between the panel a nd the parties, as per paragraph (e), 
occurs no later than 39 weeks; and b) the issuance of the interim report, as per paragraph (h), occurs no later 
than 58 weeks.  JOB/GC/385  
 
- 28 - 
 
  disputes showing a pattern of repeated delays, the Secretariat shall refrain from proposing those 
individuals to the parties pursuant to Article  8.6 of the DSU.53   
Appendix 1  
Pursuant to paragraph 15, the standardized timetable for panel work is set out below for standard 
disputes under paragraph 13 and complex disputes under paragraph 14: 
 Procedures  
 Standard 
Disputes  Complex 
Disputes  
(a) Receipt of parties' first written submissions (including evidence)  
(1) Complaining party  2 weeks  2 weeks  
(2) Responding party  5 weeks  7 weeks  
(b) 
 Additional substantive meeting  with the parties in addition to 
(e) (Note: Subject to request of a party )  3 weeks  4 weeks  
Third-party session (Note: Subject to request of a party) , 
otherwise (e)  
(c) Receipt of the parties' second written submissions  
(1) Complaining party  4 weeks, after 
the responding 
party's FWS, if 
no meeting 
under (b)  
3 weeks after 
the additional 
substantive 
meeting 
(6 weeks, after 
the responding 
party’s FWS), if 
meeting 
requested 
under  (b) 6 weeks  
after the 
responding 
party's FWS, if 
no meeting 
under (b)  
4 weeks after 
the additional 
substantive 
meeting 
(8 weeks, after 
the resp onding 
party’s FWS), if 
meeting 
requested 
under  (b) 
(2) Responding party  4 weeks  
3 weeks in case 
of the additional 
substantive 
meeting 
under  (b). 
 6 weeks  
4 weeks in case 
of the additional 
substantive 
meeting 
under  (b). 
(d) Receipt by parties of advance written questions by panel  At least 10 days 
ahead of the 
substantive 
meeting 
under  (e) At least 10 days 
ahead of the 
substantive 
meeting 
under  (e) 
(e) Substantive  meeting with the parties  Up to 4 weeks 
(after the 
responding 
party's SWS)  
Up to 3 weeks 
in case of the 
additional 
substantive 
meeting 
under  (b) Up to 5 weeks 
(after the 
responding 
party's SWS)  
Up to 4 weeks 
in case of the 
additional 
substantive 
meeting 
under  (b) Third-party session , if not already held under (b)  
(f) Issuance of descriptive part of the report to the parties  
(Note: Receipt of response to panel 's written questions and 
cross comments)  1 week  1 week  
(g)  Receipt of comments by the parties on the descriptive part of 
the report  2 weeks  2 weeks  
(h) Issuance of the interim report, including the findings and 
conclusions, to the parties  7 weeks  11 weeks  
 
53 If, following the review of the operation of the dispute settlement system pursuant to Ti tle X 
(Accountability Mechanism), it is determined that the mandatory timeframes are exceeded, the DSB may 
consider measures relating to the remuneration of panelists in cases of delays attributable to them.  JOB/GC/385  
 
- 29 - 
 
   Procedures  
 Standard 
Disputes  Complex 
Disputes  
(i) Deadline for party to request review of part(s) of report  3 weeks  4 weeks  
(j) Period of review by panel, including possible additional meeting 
with parties  3 weeks  4 weeks  
(k) Issuance of final report to parties to dispute  3 weeks  4 weeks  
(l) Circulation of the final report to the Members  3 weeks  4 weeks  
Total number of weeks (excluding (l) circulation of the final report to 
Members)  37 weeks  51 weeks  
In any case, the total number of weeks from (a) to (k) shall 
not exceed  39 weeks or 9 
months  52 weeks or 
12 months  
 
 
TITLE III  
APPEAL/REVIEW MECHANISM  
[Work in Progress]  
 JOB/GC/385  
 
- 30 - 
 
  TITLE IV  
COMPLIANCE54 
1. With respect to references to the "RPT" in this Title, Members recall that, pursuant to 
Article  21.3 of the DSU the Member concerned shall have a reasonable period of time to comply with 
the recommendations and rulings if it is impracticable to comply immediately.  
2. With a view to securing a mutually agreed solution to a dispute in accordance with Article 3.7 
of the DSU, the parties shall consult, upon request in writing,55 at the level of ministers or designated 
senior officials within 30 days following adoption of an adjud icative report by the DSB.  
3. Following the circulation of an adjudicative report,56 the parties are encouraged to engage in 
the procedures provided for in Appendix 4, Chapter I, Title I of this Decision.57  
4. If the Member concerned58 declines59 to engage in consultations pursuant to paragraph 2 or 
the procedures pursuant to paragraph 3, t he RPT shall be six months from the date of adoption of 
an adjudicative report by the DSB.60  
5. Except where paragraph 4 applies, if the Parties do not agree on an RPT within 45 days in 
accordance with Article 21.3 (b) of the DSU, including through the consu ltations pursuant to 
paragraph 2 or the procedures pursuant to paragraph 3, and if neither party requests binding 
arbitration in accordance with paragraph 6, the RPT shall be nine months from the date of adoption 
of an adjudicative report by the DSB.  
6. If a party decides to request binding arbitration pursuant to Article 21.3(c) of the DSU,61 the 
request shall be made no later than 10 days following the expiry of the 45 day period after the date 
of adoption of the adjudicative report by the DSB. The arbitrat or shall determine the RPT within 
90 days after the date of the request and, in determining the RPT, shall consider the following:  
 
a. The RPT may be shorter or longer than nine months, depending upon the particular 
circumstances in the Member concerned, but shall not exceed 15 months from the 
date of adoption of an adjudicative report.  
 
 
54 Note: Participants discussed the relationship  between this Title and Article 4.7 of the SCM Agreement. 
It was understood that this Title would not apply if Article 4.7 of the SCM agreement applies. Discussion will 
continue on whether - depending on the form and legal nature of this Decision (see foot note 1 above) - there is 
a need to include a provision regulating the relationship between this Decision and Article 4 of the SCM Agreement 
(specific questions about Article 4.6 and Article 4.12 were also raised) or indeed a general provision about the 
relationship with any special or additional rules and procedures on dispute settlement contained in the covered 
agreements as are identified in Appendix 2 to the DSU (see Article 1.2 of the DSU).  
55 If the complaining party decides to request these consultation s, it shall make the request no later than 
10 days before the adoption of an adjudicative report. The Member concerned may also request these 
consultations no later than 10 days before the adoption of an adjudicative report.  
56 For greater clarity, this pro vision does not cover arbitration award notified pursuant to Article 25.3 of 
the DSU.  
57 Unless otherwise agreed by the parties, whenever a party appeals a panel report, any procedure 
initiated in accordance with Appendix 4, Chapter I, Title I of this Deci sion shall be suspended and resumed after 
circulation of the appeal report.  
58 For greater clarity, “Member concerned” in this Chapter has the same meaning as provided for in fn. 9 
of the DSU.  
59 It is understood that the Member concerned has declined to en gage in consultations under paragraph 
2 or the procedures under paragraph 3, if: a) it does not respond or responds in writing that it declines a request 
by the complaining party within 10 days of receipt of such request; or b) if the Member concerned acce pts the 
request but it does not attend the meeting at a date mutually agreed by the parties under paragraph 2; or c) if 
the Member concerned withdraws its agreement to engage in the procedures under paragraph 3 pursuant to 
footnotes [5 or7] to paragraphs 4  or 9 of Appendix 4, Chapter I, Title I.  
60 This paragraph shall not apply if the complaining party does not invite the Member concerned to engage 
in good offices, conciliation or mediation within the deadline provided for in paragraph 2, Section I, Append ix 4, 
Chapter I, Title I.  
61 For greater clarity, the Member concerned agrees not to exercise its right to request arbitration pursuant 
to Article 21.3(c) in the circumstances set out in paragraph 4.  JOB/GC/385  
 
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  b. The particular circumstances in the Member concerned, including the need for a 
legislative change and the special situation of developing or least developed cou ntry 
Members, as appropriate.  
 
c. The principle of prompt compliance as expressed in Article 21 of the DSU.62  
 
7. This Title shall not apply to arbitration awards issued pursuant to Article 25 of the DSU63. 
However, when entering into an arbitration agreement p ursuant to Article 25 of the DSU, the Parties 
may agree to apply to the arbitration awards the provisions of this Title, subject to any adaptations 
they deem appropriate.  
TITLE V  
GUIDELINES FOR ADJUDICATORS  
Chapter I  
Treaty Interpretation  
1. As provided fo r in Article 3.2 of the DSU, an adjudicator shall interpret the covered agreements 
in accordance with customary rules of interpretation of public international law. Consequently, an 
adjudicator shall interpret the covered agreements in accordance with Arti cles 31, 32, and 33 of the 
Vienna Convention on the Law of Treaties  (Vienna Convention) done at Vienna on 23 May 1969. 
Members recognize that application of the general rule of interpretation reflected in Article 31 of the 
Vienna Convention may leave the m eaning of a provision ambiguous or obscure or lead to a result 
that is manifestly absurd or unreasonable. Members recognize that, consistent with Article 32 of the 
Vienna Convention, an adjudicator may have recourse to supplementary means of interpretation , 
including the preparatory work of the treaty and the circumstances of its conclusion, in order to 
confirm the meaning resulting from the application of the general rule of interpretation reflected in 
Article 31 Vienna Convention, or to determine the mean ing when the interpretation according to 
Article 31 leaves the meaning ambiguous or obscure or leads to a result which is manifestly absurd 
or unreasonable.  
2. A complaining party bears the burden of establishing a prima facie  case that another party 
has acted inconsistently with an obligation under the covered agreements. In so doing, the 
complaining party must demonstrate the existence of an obligation in the c overed agreements that 
governs the measure claimed to be inconsistent. Members recognize that a provision may not contain 
an obligation governing the allegedly inconsistent measure. If the adjudicator finds the complaining 
party has made out a prima facie case of the existence of an obligation, then in the absence of 
effective refutation by the other party, the adjudicator shall apply the obligation to the facts of the 
dispute. If the adjudicator finds that the complaining party has not made out a prima fac ie case of 
the existence of an obligation, or has not demonstrated that the obligation governs the allegedly 
inconsistent measure, then the adjudicator shall conclude that the complaining party has not made 
out a claim of inconsistency.  
Chapter II  
Focus on  What is Necessary to Resolve the Dispute  
1. Adjudicators shall focus on what is necessary to resolve the dispute, including through the 
exercise of proper judicial economy.  
2. In so doing, adjudicators shall only make such findings as will assist the DSB in ma king the 
recommendations or in giving the rulings provided for in the covered agreements, and shall limit 
their reasoning only to that which is necessary to support their findings and conclusions.  
 
62 Members recall, in particular, that pursuant to Article 21.3 of the DSU the Member concerned shall have 
a reasonable period of time to comply with the recommendations and rulings if it is impracticable to comply 
immediately.  
63 For greater certainty, Membe rs recall that, pursuant to Article 25.4 of the DSU, Article 21 of the DSU 
applies, mutatis mutandis , to arbitration awards.  JOB/GC/385  
 
- 32 - 
 
  3. In order to keep the focus on what is necessary to resolve  the dispute, adjudicators may, at 
any stage of the proceedings before the issuance of the final panel report to the parties, invite the 
parties to the dispute to focus on certain claims. Adjudicators may also, within the same timeframe, 
invite parties to exclude certain claims.64 
4. The invitation by adjudicators is not legally binding. The fact that a party to the dispute does 
not accept the invitation shall not prejudice the consideration of the case or the rights of the parties.  
Chapter III  
No Precedential Value of Past Reports  
1. Adjudicative reports shall have no precedential effect. This means that a previous report that 
interprets or applies a provision of the covered agreements does not have binding force in respect 
of a subsequent dispute. Ea ch adjudicator bears the responsibility to develop its own interpretation 
of a provision of the covered agreements applying customary rules of interpretation of public 
international law as required by Article 3.2 of the DSU. Each adjudicator shall also app ly relevant 
interpretations adopted by the Ministerial Conference or the General Council pursuant to Article IX:2 
of the Marrakesh Agreement. An adjudicator may use a previous report in developing and explaining 
its own interpretation only to the extent th e adjudicator determines the report to be relevant to a 
provision at issue in the dispute and to contain persuasive analysis of that provision under customary 
rules of interpretation of public international law, or to distinguish its interpretation from a previous 
report. Neither Members nor adjudicators may presume that an interpretation of the covered 
agreements contained in a WTO dispute settlement report is persuasive.  
TITLE VI  
PROCEDURES TO DISCUSS LEGAL INTERPRETATIONS  
Chapter I  
Discussion of Reports in Relevant WTO bodies  
1. The DSB Chairperson shall forward circulated adjudicative reports or notified arbitration 
awards to the Chairperson of relevant WTO bodies. The Chairpersons of relevant WTO bodies shall 
determine, in consultation with Members, if an adjudicative report or an arbitration award contains 
interpretations relevant to the work of those bodies. If in consultations with Members a Chairperson 
determines an adjudicative report or arbitration award to be relevant, or at the request of any 
Member , the Chairperson shall inscribe the adjudicative report or arbitration award on the agenda 
of the first formal meeting of the body scheduled to be held no more than [x65] months following 
the date of adoption of the adjudicative report or the notification  of the arbitration award.66 
2. The agenda item serves as an opportunity for Members at the expert level to discuss the 
technical and policy implications of the provisions interpreted in adopted DSB reports, and arbitration 
awards notified to the DSB, that ar e relevant to the work of a WTO body. In furtherance of this 
objective:  
a. No later than one month prior to the date of circulation of the relevant agenda, the 
Secretariat shall circulate a summary document of the adjudicator's interpretive 
findings that shou ld not exceed one page.  
b. Under the agenda item during the formal meeting of the relevant WTO body, the 
Chairperson shall invite Members to discuss the technical and policy implication of 
 
64 For greater certainty, if a complainant accepts the invitation to exclude a claim, it shall not be 
precluded from raising that cl aim in subsequent procedures, including pursuant to Article 21.5 of the DSU.  
65 Note: The timing will be linked to the discussion on Compliance.  
66 The adjudicative report or arbitration award may be included on the agenda of a subsequent meeting 
as needed. However, there is no expectation to retain the agenda item on a recurring basis unless otherwise 
agreed upon by the WTO body.  JOB/GC/385  
 
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  the provisions interpreted in adopted DSB reports or arbitration awar ds notified to 
the DSB that are relevant to the work of that WTO body.  
c. Members shall not discuss dispute -specific facts, implementation of the DSB's 
recommendations or implementation of the arbitration awards notified to the DSB, 
if any.  
Chapter II  
Advisory Working Group  
1. WTO Members reaffirm that recommendations and rulings of the DSB  cannot add to or 
diminish the rights and obligations provided in the covered agreements as provided in Articles 3.2 
and 19.2 of the DSU.  
2. WTO Members hereby establish an Advisory Working Group  composed of all WTO  Members 
under the auspices of the DSB.  
3. The Advisory Working Group  is a mechanism for WTO Members to discuss, build consensus 
and provide guidance on legal interpretations developed by adjudicators.  
4. The Advisory Working Group  shall not relitigate disputes or  function as an [appeal/review] 
mechanis m. Accordingly, the mechanism under this Chapter is expected to be used rarely.  
5. After consulting with WTO Members, the DSB Chairperson shall appoint the Chairperson of 
the Advisory Working Group  and define the Chairperson's terms of office.  
6. Any Member may request the discussion by the Advisory Working Group  of a legal 
interpretation developed by adjudicators.  Such discussion shall be initiated only if all of the following 
conditions are fulfilled:  
a. the rulings and recommendations of the DSB containing the in terpretation at issue 
have been adopted; or the arbitration award containing the interpretation at issue 
has been notified to the DSB;  
b. the reasonable period of time for implementation in the dispute for which an 
interpretation is at issue has expired;  
c. the discussion of the legal interpretation at issue has taken place in the relevant 
WTO bodies as provided for in Title VI, Chapter I.  
7. The request for the discussion by the Advisory Working Group  shall be made in writing to the 
Chairperson of the Advisory Work ing Group , certifying that the conditions in paragraph 6 have been 
met. The request shall identify the specific interpretation developed by adjudicators for which the 
Member is seeking the discussion and shall present the issue clearly.  
8. In case where mult iple requests are submitted to the Advisory Working Group , the discussions 
shall be conducted in the order in which the requests have been submitted.  
9. Nothing in this Chapter precludes the DSB from referring a legal interpretation to the Advisory 
Working Gr oup. 
10. The Advisory Working Group  shall be convened within three months after the date of the 
request made pursuant to paragraph 7 or after a referral by the DSB pursuant to paragraph 9. 
11. Notwithstanding paragraph 6, within six months after the date of establishment of the 
Advisory Working Group , any Member may request  a discussion of any legal interpretation developed 
in past disputes67 in the Advisory Working Group . In this case, paragraphs 6( a), 6(b), 7 and 8 of 
 
67 Past disputes in this Chapter mean adjudicative reports that were adopted at the DSB or notified to the 
DSB before the date of establishment of the Advisory Working Group . JOB/GC/385  
 
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  this Decision shall apply to such requests. If requested under this paragraph, the Advisory Working 
Group  shall be convened within three months after the date of expiry of the six -month period.  
 
12. The Chairperson of the Advisory Working Group  shall report the outcome of the discussions 
to the DSB, including any recommendation in accordance with paragraph 13. The Advisory Working 
Group  shall make any recommendation by consensus.  
13. The outcomes of the discussions of the Advis ory Working Group  may take the form of, 
inter alia: 
 
a. a draft recommendation by the Council overseeing the functioning of the relevant 
agreement to the Ministerial Conference or the General Council for the adoption of 
an authoritative interpretation in acco rdance with Article IX:2 of the Marrakesh 
Agreement ; 
b. a recommendation to the DSB to agree that the interpretation at issue shall not be 
considered as persuasive under paragraph 1, Chapter III, Title V; or  
c. a record of Members ' diverging views about the inte rpretation. The record shall 
include (i) the number of the Members that expressed the views during the 
discussion, (ii) the Members that supported or did not support the interpretation 
discussed and (iii) their reasonings.  
14. For greater clarity, the outcomes of the discussions in the Advisory Working Group  shall not 
have any retroactive effect on the disputes for which the DSB's recommendations and rulings were 
adopted or on arbitration awards notified to the DSB, nor shall th ey affect the validity or 
implementation of the recommendations, rulings or awards.  
15. The outcomes of the discussions of the  Advisory Working Group  shall be circulated as WTO 
unrestricted documents and shall be included in the WTO Analytical Index . 
TITLE VII 
SECRETARIAT SUPPORT  
Chapter I  
Secretariat Staffing to Support Adjudicators ' Work 
1. To ensure high -quality support by the Secretariat, as envisaged by the DSU, Members expect 
the Secretariat to ensure that legal support staff also possess the subject -matter expertise required 
by their role in assisting adjudicators.68 To this end, Members expect:  
a. The Secretariat to develop the expertise of its legal support staff to ensure the 
relevant subject -matter expertise.  
b. The Legal Affairs Division and the Rules Divi sion of the Secretariat to request staffing 
support from other relevant divisions to ensure appropriate subject -matter 
expertise, and such staffing support to be provided by relevant divisions.  
2. For greater clarity, Members ' expectations in paragraph 1 should not be interpreted as 
preventing trainees or young professionals from assisting adjudicators commensurate with their 
capacity, experience, and e xpertise, and with appropriate supervision by suitably experienced 
Secretariat staff.  
 
68 Subject -matter expertise could be relevant committee experience, other experience drawn from the 
appropriate Secretariat Division, or other practical subject -matter expertise such as relevant government or 
private sector experience.  JOB/GC/385  
 
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  Chapter II  
Responsibilities of Adjudicators and Scope of Support Provided by Secretariat Staff  
1. In discharging their responsibilities under the DSU and the covered agreeme nts: 
a. Adjudicators shall have full responsibility for decision making.  
b. Members expect adjudicators to draft their reports with the support of the 
Secretariat staff as appropriate.  
c. Adjudicators shall draft the conclusions section of their report.  
2. In provid ing support to adjudicators:  
a. Secretariat support shall be responsive to (1) the parties' submissions and 
(2) specific requests of the adjudicators.  
b. If Secretariat staff are requested to assist adjudicators in drafting any part of the 
report other than the conclusions section, they shall do so on the basis of written 
instructions provided by the adjudicators.  
c. In all instances, including for the conclusions section of the report, Secretariat staff 
shall provide the necessary editorial support.  
3. To ensure S ecretariat support is responsive to the parties' submissions as provided for in 
paragraph 2( a), the Secretariat shall not provide issues papers before the first written submissions 
have been provided by the parties. With respect to preliminary ruling requests, the Secretariat shall 
not provide issues papers before written submissions relating to the preliminary ruling request have 
been prov ided by the parties.  
4. To enhance the independence, impartiality and integrity of the dispute settlement mechanism, 
the parties, third parties, and members of the panel shall receive from the Secretariat the Rules of 
Conduct for the Understanding on the Rule s and Procedures Governing the Settlement of Disputes 
(WT/DSB/RC/1) and the Staff Regulations (WT/L/282) after the panel composition. To ensure the 
compliance with such rules, the DSB Chairperson or the WTO Director -General shall take appropriate 
actions, within their competence, upon receipt of evidence of a material violation of a relevant 
obligation, in consultation with each other if necessary.  
TITLE VIII  
TRANSPARENCY  
Chapter I  
Transparency Measures vis -à-vis WTO Members  
I. Access to written submissions69  
1. The Secretariat shall make the parties' written submissions accessible to Members, via an 
electronic system, either:  
 
69 For greater clarity, “written submissions” in this Title shall include the first written submissions, second 
written sub missions, third party written submissions, written versions of the opening and closing statements 
made at the substantive meetings with the parties and third parties, written answers to questions posed by the 
panel, and preliminary ruling requests, but sha ll not include exhibits. At the request of the disputing parties, if 
they agree that additional documents may be considered as “written submissions”, the adjudicator shall specify 
this in the working procedures.  JOB/GC/385  
 
- 36 - 
 
  a. if the parties agree at the first organizational meeting, promptly70 after their filing;  
b. otherwise, no later than 7 days after the circul ation, or adoption upon a party’s 
request, of each adjudicative report.  
2. The Secretariat shall make each third -party's written submissions accessible to Members, in 
the same manner as the parties’ written submissions.  
3. In order to support Members' capacity -building efforts, the parties are encouraged to agree 
that the Secretariat provides access to their written submissions to all Members promptly after their 
filing.  
4. In all cases access shall be granted only to the non -confidential version of the submissions 
filed by the parties in accordance with any working procedures adopted by the adjudicator for the 
protection of confidential information.  
II. Observation of hearings  
1. The Secretariat shall make the substantive meetings of the adjudicator with the p arties 
accessible for observation by Members, either:  
a. if the parties agree at the organizational meeting, through real -time onsite closed -
circuit broadcasting or any other modality decided by the parties, such as in -person 
observation, live broadcasting o r audio -visual recording to be made electronically 
available a few days after the substantive meeting of the panel with the parties;  
b. otherwise, via on -site viewing of an audio -visual recording no later than 7 days after 
the date of circulation, or adoptio n upon a party’s request, of each adjudicative 
report.  
2. The Secretariat shall make the third -party session accessible for observation by Members in 
the same manner as the parties’ choice pursuant to paragraph 1, Section II, Chapter I.  
3. In order to support M embers' capacity -building efforts, if the access granted pursuant to 
paragraph 1, Section II, Chapter I, is in real time, the parties are expected to agree that the 
Secretariat shall provide the parties' written submissions to all Members promptly after th eir filing, 
pursuant to paragraph 1 and 4, Section I, Chapter I, and the third parties are encouraged to follow 
the decision taken by the parties in each dispute.  
4. In all cases access shall be granted consistently with any working procedures adopted by the  
adjudicator to provide for the protection of confidential information.  
Chapter II  
Transparency Measures vis -à-vis the Public  
I. Publication of submissions  
1. The Secretariat shall publish the non -confidential version of written submissions, in 
accordance with any working procedures adopted by the adjudicator, from all parties and third 
parties on the WTO website no later than 7 days after the circulation, or adoption upon a party’s 
request, of each adjudicative report.  
2. Nothing in this Decision s hall preclude a party to the dispute from disclosing statements of its 
own positions to the public in accordance with Article 18.2 of the DSU.  
II. Observation of hearings by the public  
 
70 For greater clarity, “promptly” in this C hapter means at the time or within a few days after the filing of 
the submissions.   JOB/GC/385  
 
- 37 - 
 
  1. The Secretariat shall make the substantive meetings of the adjudicator with the parties 
accessible for observation by the public, either:  
a. if the parties agree at the organizational meeting, through live broadcasting, 
recording to be made available few day s after the substantive meeting of the panel 
with the parties, or any other modality decided by the parties, such as onsite closed -
circuit broadcasting or in -person observation;  
b. otherwise, via on -site viewing of an audio -visual recording or viewing of an audio -
visual recording made available to the general public via an electronic system71 no 
later than 7 days after the date of circulation, or adoption upon a party’s request, of 
each adjudicative report.  
2. The Secretariat shall make the third -party session accessible for observation by the public in 
the same manner as the parties’ choice pursuant to paragraph 1, Section II, Chapter II.  
3. In all cases access shall be granted consistently with any working procedures adopted by the 
adjudicator for the protection of confidential information.  
III. Publication of adjudicators ' timetables  
1. The Secretariat shall make publicly available on the WTO website the timetables of the 
panel/appellate/review proceedings and any other adjudicative proceedings under the DSU, no later 
than seven days after the circulation of the timetable to the parties or modification thereof.  
TITLE IX  
ACCESSIBILITY WITH RESPECT TO TECHNICAL ASSISTANCE,  
CAPACITY BUILDING AND LEGAL ADVICE  
1. Members recognize the special needs of developing and least -develo ped country Members for 
enhanced support for capacity building and technical assistance so as to help them build capacity in 
the area of dispute settlement, pursuant to Article 27.3 of the DSU, in the three working languages 
of the WTO.  
2. To this end, Member s instruct the Secretariat to undertake further or additional 
capacity -building work for developing and least -developed countries in areas including, but not 
limited to, regional training programmes, internship and targeted secondment programmes for 
disput e resolution officials, a more focused young professionals programme and a chairs programme.  
3. Decisions on further or additional capacity -building work by the Secretariat should be based 
on [regular] discussions between the Secretariat and Members. Such dis cussions should identify the 
Members' requirements and whether those requirements are being met by the Secretariat. In order 
to fill gaps and increase complementarity, the Secretariat is encouraged to continue to cooperate 
with other relevant governmental,  inter-governmental and non -governmental organizations to 
deliver technical assistance activities.  
4. In keeping with the demand of developing and least -developed countries, the Secretariat is 
required to increase, as necessary, the number of experts providin g legal advice and assistance 
services pursuant to Article 27.2 of the DSU, in the three working languages of the WTO, following 
discussions between Members and the Secretariat.  
5. Members and the Secretariat should consider the budgetary requirements of perf orming the 
activities and providing the services provided for under paragraphs 1 to 4. Members shall endeavour 
to fund72 these activities and services. In so doing, they will look at options including budget 
allocation within the r egular WTO budget, and any separate funding mechanism for targeted 
secondment programmes under paragraph 2 to be administered by the Institute for Training and 
 
71 Upon a party’s request, audio -visual recordings can be posted during a limited period and be accessible 
through a single -use password after registration.  
72 Note: Proposed  language to be considered by the plenary.   JOB/GC/385  
 
- 38 - 
 
  Technical Cooperation to which Members could contribute on a voluntary basis, including through 
earmarked funding.  
6. Members and the Secretariat should review and report to the DSB on an annual basis on the 
Secretariat's capacity -building activities on dispute s ettlement and Members' capacity -building 
requirements, with the aim of improving the effectiveness of the activities in meeting Members' 
requirements, especially those of developing and least -developed countries.  
7. Recognizing the special needs of developing  and least -developed countries in securing funds 
for litigation, Members are committed to collaborating with relevant organizations, including the 
ACWL, to facilitate accessibility for these countries to the WTO dispute settlement system.73 
8. Members welcome the Decision [2024 /X] of the General Assembly of the ACWL regarding the 
accessibility of the ACWL's services.74 
TITLE X  
ACCOUNTABILITY MECHANISM  
I. Establishment of the accountability mechanism  
1. A meeting of the DSB shall be convened at the level of He ad of Delegation to consider an item 
titled " Review of the Operation of the Dispute Settlement System and the Implementation of the 
Reforms " in: 
a. October 2026; and  
b. October of every second year thereafter,  
("Accountability Mechanism Meeting  "). 
2. At the Accountability Mechanism Meeting , Members will review the operation of the dispute 
settlement system, with a focus on the implementation of the elements of the Reforms  listed in the 
Appendix to this Title, on the basis of the report by the DSB Chair person referred to in paragraph  10. 
3. To the extent possible, the review of the implementation of the Reforms  shall be based on the 
factual and statistical information in the Appendix to this Title. This is without prejudice to the right 
of Members to expres s any views on the implementation of the Reforms  or the operation of the 
dispute settlement system in general.  
4. At the Accountability Mechanism Meeting , the Director -General shall give an oral report on the 
Secretariat's compilation of factual and statistic al information on the implementation of the reforms 
contained in the report referred to in paragraph 10 and the DSB Chairperson shall give an oral report 
on the consultations conducted pursuant to paragraph 7.  
5. Members may provide their views on any matters  relevant to the operation of the dispute 
settlement system, including the implementation of the Reforms  through:  
a. a written communication to the DSB;  
b. the consultations with the DSB Chairperson, as referred to in paragraph  7; and/or  
c. their statements at the Accountability Mechanism Meeting . 
II. Inputs to the Accountability Mechanism  
 
73 Note: Language based on an African Group proposal, to be discussed in plenary. To consider including 
a reference in the Accountability Mechanism requesting Members to report periodically their efforts to the DS B. 
74 Note: Proposed language to acknowledge the ACWL’s accessibility efforts that would supplement the 
accessibility elements of this Decision.   JOB/GC/385  
 
- 39 - 
 
  6. Not later than six months before each Accountability Mechanism Meeting , the DSB Chairperson 
shall circulate a draft report prepared with the assistance of the Secretariat containing factual and 
statistical information on the implementation of the elements of the Reforms , as listed in the 
Appendix to this Title.  
7. On the basis of the draft report referred to in paragraph 6, the DSB Chairperson shall conduct 
consult ations with Members to obtain their views on the implementation of any of the elements of 
the Reforms  listed in the Appendix to this Title.  
8. The DSB Chairperson may request the assistance of a discussant at the level of Head of 
Delegation on a specific issu e or issues if:  
a. the Chairperson considers it appropriate based on consultations with Members; or  
b. an element of the Reforms  fails to meet an applicable performance target (if any).  
9. Discussants appointed under paragraph  8, who act in their personal capacity,  shall consult 
with Members on the issue(s) with respect to which they are appointed and guide the discussion on 
the issue(s) at the Accountability Mechanism Meeting . 
10. No later than four weeks before each Accountability Mechanism Meeting , the DSB Chairperso n 
shall circulate a final report setting out the factual and statistical information and any views 
expressed by Members on implementation of the elements of the Reforms  listed in the Appendix to 
this Title.  
11. The final report may contain recommendations on a ction to be decided by the DSB.  
III. Action arising from the Accountability Mechanism  
12. If, through the Accountability Mechanism Meeting , areas are identified where the 
implementation of the Reforms  could be improved, the DSB  may take such action as it sees 
necessary and appropriate.  
13. For the avoidance of doubt, any action taken by the DSB pursuant to paragraph  12 shall not 
affect the rights or obligations of any Member with respect to previous recommendations or rulings 
of the  DSB or previous arbitration awards notified to the DSB.  
Appendix I  
Elements of Reform75 
14. For those elements of Reform  with performance targets, Members shall review the 
implementation of the Reforms  by reference to the applicable targets and whether, base d on the 
relevant factual or statistical information set out in the table below, they have been met.76 For the 
elements of Reform  without performance targets, the factual or statistical information will assist 
Members to review the implementation of those Reforms . 
 
 
75 Note: The rationale for this table is to ensure that the review (i) is comprehensive and relates to all 
eleme nts of reform and (ii) that it is first and foremost based on objective information (factual or statistical 
information) to be provided by the DSB Chairperson/Secretariat. The contents of the table  will need to be finalized 
once the Reforms are agreed, including once discussions have progressed  on outstanding reform elements.  
76 Members acknowledge that, based on the operation of the Reforms, it may be necessary or desirable 
to change the factual or statistical information required or the performance targets set out in Appendix I. Nothing 
in this Decision precludes Members from doing so. For example, this could be an action arising from the 
Accountability Mechanism Meeting.  JOB/GC/385  
 
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  No. Element of reform  Factual or statistical information 
required  Performance 
target  
Title I – Alternative Dispute Resolution Procedures and Arbitration  
1.  Alternative Dispute 
Resolution under WTO 
auspices.  Statistical information on the 
number of agreements to use ADR, 
including the procedure used, 
whether the ADR was terminated 
and, if so, the reason, and whether 
support was provided by the WTO 
Secretariat .  
Title II – Panel Proceedings  
2.  Establishment of panels at 
the first DSB meeting at 
which they are requested.  Statistical information on the timing 
of panel establishment.  100%  
3.  Indicative list.  Statistical information on the 
number of Members nominating 
persons for the indicative list, and 
the number of citizens and non -
citizens nominated.   
4.  Diversity in panels and 
panel selection.  Statistical information on 
geographical (including citizenship)  
and gender representation on:   
(i) panels;  
(ii) indicative list; and  
(iii) persons proposed to the parties 
by the Secretariat for appointment 
to panels from the indicative list and 
outside the indicative list.77 
5.  Panel composition.  Statistical information on:   
(i) proportion of candidates coming 
from the indicative list;  
(ii) proportion of panellists  coming 
from the indicative list;  
(iii) number of disputes in which the 
Director -General received from the 
parties lists of names from the 
indicative list and whether the 
Director -General appointed 
panellists  from the overlap in those 
names; and  
(iv) the proportion of panellists  
agreed  by the parties and appointed 
by the Director -General  
6.  Meetings with the panel.  Statistical information on the 
number of substantive meetings 
between panels and parties, and the 
number and timing of the third -
party sessions.   
7.  Requirement for panels to 
provide written questions 
in advance of any 
substantive meeting with 
the parties.  Statistical information on the 
observance of this requirement by 
the panels.  100%  
 
77 Should Members consider, based on the information provided pursuant to Section II of this Title, that 
their interests in diversity on the indicative list and in panels have not been met, they may request the DSB 
Chairperson to initiate a process, with the support of a facilitator as appropriate, to consider any further steps 
that may be taken by Members to improve the diversity of the indicative list.  JOB/GC/385  
 
- 41 - 
 
  No. Element of reform  Factual or statistical information 
required  Performance 
target  
8.  Word limits for written 
submissions.  Information relating to word limits 
set by panels, categorization of 
disputes (including any re -
categorization), and the obse rvance 
of word limits by the parties.  100%  
9.  Time limits for oral 
submissions at meetings 
with the adjudicators.  Information relating to time limits 
set by panels for oral submissions 
and their observance by the parties.  100%  
10.  Mandatory time -limits for 
proceedings.  Information relating to the 
observance of mandatory 
timeframes  for proceedings, 
categorization of di sputes (including 
any re -categorization), and causes 
of any delays or suspensions  (with 
attribution of these to, for e.g., the 
parties, to panels or to force 
majeure).   100%  
Title III – Appeal/Review Mechanism  
11.  [Appeal/Review 
Mechanism]  [Members to consider once text is 
developed for this topic.]   
Title IV – Compliance  
12.  Compliance  Statistical information on:   
(i) cases with immediate 
compliance;  
(ii) duration of RPTs;  
(iii) number of consultations 
requested under paragraph 1 of 
Title IV (including number accepted 
or declined and number resulting in 
an agreed RPT);  
(iv) number of procedures provided 
for in Appendix 4, Chapter I, Title I 
of this Decision requested (including 
number accepted or declined and 
number resulting in a n agreed RPT);  
(v) number of disputes in which the 
parties agreed an RPT other than 
through consultations or ADR 
procedures; and  
(vi) the number of disputes in which 
arbitration occurred and the 
duration of the RPTs so determined.  
Title V – Guidelines for Adjudicators  
13.  Adjudicators' focus on what 
is necessary for the 
resolution of disputes and 
the exercise of judicial 
economy.  Statistical information on instances 
of the exercise of judicial economy 
(such as number of disputes 
concerned, numb er and type of 
claims etc).   
14.  Invitation to parties by 
adjudicators to focus on 
certain claims or to exclude 
certain claims.  Statistical information on the 
number of invitations by panels and 
any follow up by the parties.   
15.  Relevance of adopted 
reports.  Factual description of how previous 
reports have been addressed by 
adjudicators.   JOB/GC/385  
 
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  No. Element of reform  Factual or statistical information 
required  Performance 
target  
Title VI – Procedures to Discuss Legal Interpretations  
16.  Referrals of interpretations 
in adopted reports to 
Chairpersons of other 
pertinent WTO bodies; and 
technical discussions 
requested by Members of 
those interpretations in 
those other WTO bodies.  Factual information relating to the 
number of adjudicative re ports 
forwarded by the DSB Chairperson, 
the WTO bodies to which the reports 
were forwarded, the number of 
Member requests to include reports 
on the agenda of other WTO bodies, 
and any follow -up by the WTO 
bodies.   
17.  Advisory Working Group 
(mechanism to review legal 
interpretations)  Factual information on the operation 
of the Advisory Working Group 
(such as interpretations that have 
been discussed, any output etc).   
Title VII – Secretariat Support  
18.  Secretariat suppo rt to 
adjudicators.  Factual information regarding the 
staffing support provided to 
adjudicators, including incidents of 
known or suspected violations of the 
Rules of Conduct and the Staff 
Regulations.   
Title VIII – Transparency  
19.  Access to all submissions 
to all WTO Members.  Statistical information relating to 
real-time or delayed access to 
submissions by all WTO Members.   
20.  Observation of hearings by 
Members.  Statistical information relating to 
observance of hearings and third -
party sessions by Members and the 
mode of that access (delayed or 
real-time).   
21.  Submissions in disputes 
made available to the 
public.  Statistical information on publication 
of submissions.  100%  
22.  Observation of hearings by 
the general public  Statistical information relating to 
observance of hearings and third -
party sessions by the general public 
and the mode of that access 
(delayed or real -time).   
23.  Publication of timetables 
and updates published on 
the WTO website.  Statistical information on publication 
of timetables and updates thereto.  100%  
Title IX – Accessibility with Respect to Technical Assistance, Capacity Building and 
Legal Advice  
24.  Services pursuant to 
Article  27.2 of the DSU for 
developing and least -
developed Members.  Information on services provided 
pursuant to Article 27.2 of the DSU 
for developing and least -developed 
Members, including on whether the 
demand is being met.   
25.  Capac ity building for 
developing and 
least developed Members.  The relevant annual reports to the 
DSB regarding the Secretariat's 
capacity -building activities, 
including on whether the demand is 
being met.   
 JOB/GC/385  
 
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  TITLE XI  
ENTRY INTO FORCE AND TRANSITIONAL PROVISIONS  
[Work in Progress]  
__________  