WORLD TRADE
ORGANIZATIONTN/DS/9
6 June 2003
(03-2978)
Dispute Settlement Body
Special Session
SPECIAL SESSION OF THE DISPUTE SETTLEMENT BODY
Report by the Chairman, Ambassador Péter Balás,
to the Trade Negotiations Committee
1. Since its establishment by the TNC on 1 February 2002, the Special Session of the Dispute
Settlement Body met formally 13 times in order to carry out negotiations on improvements andclarifications to the Dispute Settlement Understanding, in accordance with paragraph 30 of the Doha
Ministerial Declaration.
2. At these meetings, the work progressed from a general exchange of views to a discussion of
conceptual proposals put forward by Members and by the second half of 2002 to an issue-by-issue
thematic discussion. Since January 2003, the work has focused on discussion of specific draft legal textsproposed by Members.
3. While the prevailing view of Members is that the DSU has generally functioned well to date, a large
number of specific proposals for clarifications and improvements (42 in total) were submitted by
participants representing a large part of the membership of the WTO.  These proposals touched on almost
all the provisions of the DSU.
4. Considering the large number and complexity of Members’ draft legal proposals (contained in the
compilation issued as Job (03)/10/Rev.3) it took until the end of March 2003 merely to complete their
initial review.  Based on these discussions, the Chairman of the Special Session began in April 2003 to
put forward draft legal texts in a Framework Do cument (Job(03)/69/Rev.2) issued under his own
responsibility.  A consolidated proposed Chairman’s Text was issued on 16 May 2003, as contained in
document Job (03)/91.
5. The Chairman’s Text contained proposals on a substantial number of issues, including, inter alia  : the
enhancement of third-party rights, both at the panel and Appellate stage, as well as improved conditions
for Members seeking to be joined in consultations; the introduction of an interim review stage and
remand at the Appellate stage; clarification and improvement of the sequence and details of procedures at
the implementation stage; enhancement of compensation; strengthening of notification requirements for
mutually agreed solutions; and  strengthening of special and differential treatment for developingcountries at various stages of the proceedings.
6. A number of other proposals by Members could not be included in the Chair’s proposal in the
absence of a sufficiently high level of support, including, inter alia , accelerated procedures for certain
disputes; improved panel selection procedures; increased Member-control on panel and Appellate Body
reports; clarification of the treatment of amicus curiae  briefs; certain proposed changes in the procedures
for suspension of concessions or other obligations, including collective retaliation or enhanced
surveillance of the suspension of concessions or other obligations; and other proposals.
7. Discussion of the Chairman’s Text began on 20 May.  Members generally welcomed the document
and considered it to be a useful basis for further negotiations, but a number of delegations also pointed
out what they perceived to be shortcomings of the document.  Notwithstanding these reservations,TN/DS/9
Page 2
participants expressed a readiness to engage in a detailed, constructive discussion about the specific
proposals contained in the Chairman’s Text.
8. During the detailed discussion of the Chairman's text, a wide range of views were expressed on the
elements contained in the text. It was generally recognized that, in any event, all of these provisions
required further legal refinement and some needed further substantive development.  It was alsosuggested that all elements of the DSU were closely interconnected and that Members would need
eventually to make an overall assessment of the im plications of the possible changes to the DSU, when
all aspects of the negotiations reach their final stage.
9. Special and differential treatment for developing country Members was extensively discussed by the
Special Session. A number of proposals for special and differential treatment were contained in the
Chairman’s Text. On 20 May, the Chairman of the General Council addressed a letter to the Chairman of
the Special Session of the DSB, referring to the Special Session a number of proposals on the DSU madein context of the negotiations in the Special Session of the Committee on Trade and Development and
requesting that these be considered as early as possible. These proposals were discussed at a meeting of
the Special Session on 23 May.  In the course of the detailed discussion, it was recognized that the
Chairman’s Text contained provisions with an intent similar to that of most of the proposals contained in
the letter of the Chairman of the General Council.  It was suggested that these provisions be discussedfurther in detail as part of the ongoing work related to the Chairman’s Text.
10. As a result of intensive discussions on the Chairman’s Text, a number of changes were introduced in
a revised version issued on 28 May (Job(03)/91/Rev.1, reproduced as an annex below)
1. In spite of a
certain convergence of views on a number of proposed provisions, it became apparent that the
Chairman’s Text, even as revised, could not be agreed upon.  Certain Members indicated that they stillhad conceptual difficulties with certain proposals contained in the document.
11. In addition, a number of delegations also continued to emphasize the importance they attached to
certain other proposals, which were not reflected in the Chairman’s Text.  Some Members expressed the
view that negotiations on such proposals might be facilitated if their proponents could further adapt them
in light of the comments and concerns expressed by other Members in respect of such proposals.
12. In spite of the absence of an agreed outcome, most delegations expressed the view that further work
would be desirable, in order to reach such an outcome.  A number of Members proposed that this further
work should build both on the Chairman’s Text and on other Members' proposals contained in the
documents referred to in paragraph 4 above.  Other Members were of the opinion that any further work
should focus only on the issues contained in the Chairman’s Text.
13. Reacting to views expressed by a number of delegations, the Chairman suggested that any further
work should continue at a less intensive pace than up to the end of May. Taking into consideration theburdens on smaller delegations due to other important issues of the DDA mandate, he proposed that a
further informal meeting could be scheduled before mid-July. Most delegations shared the view that it
would be important to maintain the dynamic of the negotiations.
14. In spite of a general recognition of the need for further work and Members’ expressed readiness to
remain engaged, it also became apparent, at the 28 May meeting of the Special Session, that there weredifferences among delegations concerning the possible modalities of any such work.  It was suggested
that at the meeting of the TNC on 10 June, when the Chairman's report would be discussed, the issue of
further action could also be discussed.
                                                     
1 On 6 June, a corrigendum was issued, as Job(03)/91/Rev.1/Corr.1, in order to rectify some technical
errors.   The text reproduced in the attachment below in corporates the technical rect ifications included in that
corrigendum.TN/DS/9
Page 3
Annex  :
Chairman's text, as of 28 May2
I. PROPOSED AMENDMENTS TO THE DSU
ARTICLE 3
Paragraph 6
Mutually agreed solutions to matters  Each party to a mu tually agreed solution  to a matter  formally raised under
the consultation and dispute settlement provisions of the covered agreements shall be notified , within 60 days after
the date at which the so lution was reached, notify  the terms of  that solution  to the DSB and the relevant
Councils and Committees, where any Member may raise any point relating thereto.  Such notification shall
contain sufficient information relevan t to the covered agreements to enab le other Members to understand the
mutually agreed solution.
Paragraph 13 (to be created)
[Any time period in this Understanding may be extended by mutual agreement of the parties to the dispute
concerned, except the following : [--].  In that context, parties shall give special attention to the particular
problems and interests of developing country Members.]
ARTICLE 4
Paragraph 10
During consultations, Members should  shall  give special attention to the particular problems and interests of
developing country Members .  When the party complained against is a least-developed country Member, the
possibility of holding consultations in the capi tal of that Member shall always be considered.
Paragraph 10 bis (to be created)
Note: the non-bolded part of this paragraph is currently contained in paragraph 10 of Article 12.
In the context of consultations involving a measure taken by a developing country Member, the parties may agree to
extend the periods established in paragraphs 7 and 8 of Article 4.  If , after the relevant period has elapsed, the
consulting parties cannot agree that the consultations have concluded, the Chairman of the DSB shall decide, after
consultations with the parties,  the parties have not agreed on such extension, the developing country Member
concerned may,  prior to the expiry  of the relevant p eriod, request the Chairman of the DSB to extend the
relevant period.  After co nsultations with the parties, the Chairman of the DSB shall decide whether to extend
the relevant period and if so, for how long .   [A guideline for the Chairman of the DSB shall be that such
extension should normally not exceed 15 days from  the date of expiry of  the relevan t period. ]
Paragraph 11
                                                     
2 This annex reproduces the text contained in Job(03)/91/Rev.1, issued on 28 May, and incorporates the
technical rectifications included in the corrigendum Job(03)/91/Rev.1/Corr.1, issued on 6 June.TN/DS/9
Page 4
Whenever a Member other than the consulting Members considers that it has a substantial trade interest in
consultations being held pursuant to paragraph 1 of Article XXII of GATT 1994, paragraph 1 of Article XXII ofGATS, or the corresponding provisions in other covered agreements
3, such Member may notify the consulting
Members and the DSB, within 10 days after the date of the circulation of the request for consultations under said
Article, of its desire to be joined in the consultations, indicating the reasons for its claim of substantial trade
interest.
Such Member shall be joined in the consultations, provided that the Member to which the request for consultations
was addressed agrees that the claim of substantial interest is well-founded.  In that event they shall so inform the
DSB.  unless the Member to which the request  for consultations was addressed  disagrees with the claim of
substantial trade interest a nd notifies the DSB of the reasons for th e disagreement within  10 days after the
date of  receipt of the request to be joined in the consultations.  If the Member to which the request for
consultations is addressed agrees that the request to be joined in these co nsultations is well-founded, it shall
so inform the DSB.
If the request to be joined in the consultations is not accepted, the applicant Member shall be free to request
consultations under paragraph 1 of Article XXII or paragr aph 1 of Article XXIII of GATT 1994, paragraph 1 of Article
XXII or paragraph 1 of Article XXIII of GATS, or the corresponding provisions in other covered agreements.
Paragraph 12 (proposed)
A request for consultations may no long er serve as a basis for a request for the establishment of a panel if the
complaining  party has not submitted such a request wi thin 18 months after the date of circulation of the
request for consultations.   This shall not apply if the complaining party notifies the party complained against
and the DSB, before the expiry of the 18 -month period, of its objection to th e lapse.   In such case, the request
for consultations may serve as a basis for a request for the establishment of  a panel for a furt her period of 18
months.  Further extensions may take place for the same duration in the same manner.
ARTICLE 6
Paragraph 1
If the complaining party so requests , The DSB shall establish a panel at the meeting  a panel shall be established
at the latest at the DSB meeting following that  at which, at the request of the complaining party , 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.4
Where the Member complained against is a developing country Member, the establishment of a panel shallbe postponed, if that Member so requests, to the next DSB meeting at which, at the request of the
complaining party, the request appears as an item on the DSB's agenda.  In such cases, the panel shall beestablished at that meeting unless the DSB decides by consensus not to establish it 
5.
                                                     
3 The corresponding consultation provisions in the covered agreements are listed hereunder:  Agreement on
Agriculture, Article 19;  Agreement on the Application of Sanitary and Phytosanitary Measures, paragraph 1 ofArticle 11;  Agreement on Textiles and Clothing, paragraph 4 of Article 8;  Agreement on Technical Barriers toTrade, paragraph 1 of Article 14;  Agreement on Trade-Related Investment Measures, Article 8;  Agreement on
Implementation of Article VI of GATT 1994, paragraph 2 of Article 17;  Agreement on Implementation of Article
VII of GATT 1994, paragraph 2 of Article 19;  Agreement on Preshipment Inspection, Article 7;  Agreement onRules of Origin, Article 7;  Agreement on Import Licensing Procedures, Article 6;  Agreement on Subsidies andCountervailing Measures, Article 30;  Agreement on Safeguards, Article 14;  Agreement on Trade-Related Aspectsof Intellectual Property Rights, Article 64.1; and any corresponding consultation provisions in Plurilateral TradeAgreements as determined by the competent bodies of each Agreement and as notified to the DSB.
4 If the complaining party so requests, a meeting of the DSB shall be convened for this purpose within 15
days of the request, provided that at least 10 days' advance notice of the meeting is given.
5 If the complaining party so requests, a meeting of the DSB shall be convened for this purpose within 15
days of the request, provided that at least 10 days' advance notice of the meeting is given.TN/DS/9
Page 5
ARTICLE 8
Paragraph 10
When a dispute is between a developing country Member and a developed country Member the panel shall, if the
developing country Member so requests,  include at least one  a panelist from a developing country Member, unless
the developing country Member agrees otherwise .
When the party complained against is a least-developed country Member, the panel shall include a panelist
from a least-developed country Member, unless th e least-developed country Member agrees otherwise.
Alternatively,  if that Member so request, the panel shall include a panelist from a developing countryMember pursuant to the first sentence of this paragraph.
ARTICLE 10
Paragraph 2
Any Member having a substantial interest in a matter before a panel and having notified  shall notify  its interest to
the DSB no later than 10 days after th e establishment of the panel  (such Member is  referred to in this
Understanding as a "third party") shall have an opportunity to be heard by the panel and to make written
submissions to the panel .  The panel shall give third parties the opportunity  to be present at the substantive
meetings of the panel with the parties to the dis pute preceding the issuance of the interim report to the
parties, except for portions of such meetings when [privileged] information designated as such by the party
that submitted it is discussed.   Third parties shall also have an opportunity to  be heard by the panel.
These submissions shall also be given to the parties to the dispute and shall be reflected in  the panel report.
Paragraph 3
Third parties shall receive the submissions of the parties to the dispute to the first meeting of the panel.
Each third party shall receive, at the time such submissi on is made, a copy of the submissions to the panel of
the parties to the dispute and of other third parties, ex cept for [privileged] information designated as such by
the party that submitted it.  Third parties shall not receive any submission  made subsequent to the issuance
of the interim report to the parties.
The submissions of third parties  shall also be given to the parties to the dispute and shall be reflected in the panel
report.
ARTICLE 12
Paragraph 1
Panels shall follow the Working Procedures in Appendix 3 unless the panel decides otherwise, after consulting theparties to the dispute and bearing in mind the interests of third parties .
Paragraph 5
Panels should set precise deadlines for written submissions by the parties and the third parties,  and the parties and
third parties  should respect those deadlines.
Paragraph 10
[In the context of consultations involving a measure taken by a developing country Member, the parties may agree
to extend the periods established in paragraphs 7 and 8 of Article 4.  If, afte r the relevant period has elapsed,  the
consulting parties cannot agree that the consultations have concluded, the Chairman of the DSB shall decide, after
consultation with the parties, whether to extend the relevant period and, if so, for how long.  In addition, in
examining a complaint against a developing country Member, the panel shall accord sufficient time for the
developing country Member to prepare and present its argumentation. The provisions of paragraph 1 of Article 20TN/DS/9
Page 6
and paragraph 4 of Article 21 are not affected  by any action pursuant to this paragraph.  Where the party
complained against is a developing country Member,  the panel shall, in determining its timetable, take due
account of any particular problems faced by that Member,  and afford it sufficient time to present its written
submissions, normally no less than 15 additional days for the first submission and 10 additional days for the
rebuttal submissions.6 The time-frames provided for in paragraph 1 of Article 20 and paragraph 4 of
Article 21 may be extended as neces sary to apply this provision. ]
Paragraph 11
Where one or more of the parties is a developing country Member , the panel's report shall explicitly  indicate the
form in which account has been taken of relevant  provisions on differential and more-favourable treatment for
developing  country Members that form part of the covered agreements which have been raised by the developing
country Member in the course of the dispute settlement procedures.:
(a) a developing country Member wishing to avail itself of any provisions on differential and more favourable
treatment for developing co untry Members that form part of the co vered agreements should raise arguments
on these provisions as early as possi ble in the course of the procedure;
(b) the submissions of  any other party to the dispute, that is not a developing country Member, should
address any such arguments which have been raised by a developing country Member party to the dispute;
(c) the panel's report shall explicitly take into account  and reflect the considerati on given to any provisions
on differential and more favourable treatment for deve loping country Members that form part of the
covered agreements which have been  raised by a develo ping country Member pa rty to the dispute.
Paragraph 12
At the request of the complaining party  at any time before the issuance of  the interim report to the parties , the
panel [ shall][ may] suspend its work for a period not to exceed 12 months.  At the request of the parties to the
dispute at any time prior to the ci rculation of the final report to the Members, the panel shall suspend its
work for a period to be determined by the parties.   In the event of such a suspension, the time-frames set out in
paragraphs 8 and 9 of this Article, Article 20, and paragraph 4 of Article 21 shall be extended by the amount of time
that the work was suspended.  If the work of the panel has been suspended for more than 12 consecutive  months,
the authority [for establishment ] of the panel shall lapse.
Paragraph 13 (proposed)
[After the establishment of the panel, and until the issuance of the interim rep ort to the parties, the
complaining party may notify the te rmination of the panel process to the DSB and,  where the panel has been
composed, to the panel.  If the panel process is terminated in application of this paragraph after the panel hasbeen composed, the complaining pa rty may not make a new request for the establishment of a panel in
respect of the same matter without first requesting consultations under Article 4, unless the parties agree
otherwise.]
[The parties may notify the termination of the panel pr ocess at any time before th e circulation of the final
panel report to Members.   If the panel has already b een composed at the time of such termination, the
panel's report shall be confined to a brief description of  the case and to reporting that the panel process has
been terminated. ]
ARTICLE 15
Paragraph 1
Following the consideration of rebuttal submissions and oral  arguments, the panel shall issue the descriptive (factual
and argument) sections of its draft report to the parties to the dispute.  The panel shall also issue to each third
                                                     
6 The application of this provision shall be without prejudice to the simultaneity of submissions as
provided for in paragraph 6 of this Article.TN/DS/9
Page 7
party the portion of the de scriptive sections of its draft report wh ich reflect that third party's arguments .
Within a period of time set by the panel, the parties and third parties shall submit their comments in writing.
Paragraph 2
Following the expiration of the set period of time for receipt of comments from the parties to the dispute, the panel
shall issue an interim report to the parties, including the descriptive sections and the panel's findings andconclusions.  Within a period of time set by the panel, a party may submit a written request for the panel to review
precise aspects of the interim report prior to circulation of the final report to the Members.  At the request of  the
parties a party
, the panel shall hold a further meeting with the parties on the issues identified in the written
comments.  If no such meeting is requested, each party sha ll have an opportunity to comment in writing on
the written comments previously submitted by other parties.    If no comments are received from any party
within the comment period, the interim report shall be considered the final panel report and circulated promptly tothe Members.
ARTICLE 17
Paragraph 1
A standing Appellate Body shall be established by the DSB. The Appellate Body shall hear appeals from panelcases.  It shall be composed of at least  seven persons, three of whom shall serve on any one case.  The total
number of Appellate Body members may be modified by the DSB, after consultation of the General Council
on any potential budgetary implications of the proposed modification.   Persons serving on the Appellate Body
shall serve in rotation.  Such rotation shall be determined in the working procedures of the Appellate Body.
Paragraph 4
Only parties to the dispute, not third parties, may appeal a panel report.  Th ird parties which have notified the DSB
of a substantial interest in the matter pursuant to paragraph 2 of Article 10, may make written submissions to, and be
given an opportunity to be heard by, the Appellate Body.   shall have an opportunity to be heard and to make
written submissions to the Appellate Body.  [Any Member not having notified  its substantial interest
pursuant to Article 10.2,  but having subsequently notified it s substantial interest to the Appellate Body and
the DSB within 10 days after the date of the notice of appeal, shall also have an opportunity to be heard andto make written submissions to the Appellate Body.]   The submissions of third parties shall also be given to
the parties to the dispute .
Paragraph 5
(a) A notification of appeal pursuant to paragraph 4 of Article 16 shall identify the relevant issues of law
covered in the panel report and legal interpretations deve loped by the panel in suffi cient detail to present the
issues under appeal clearly.
(b) As a general rule, the proceedings shall not exceed 60  [90] days from the date a party to the dispute
formally notifies its decision to appeal to the date the Appellate Body circulates its report.  In fixing its timetable theAppellate Body shall take into account the provisions of paragraph 9 of Article 4, if relevant.  When the AppellateBody considers that it cannot provide its report within 60
 [90] days, it shall inform the DSB in writing of the reasons
for the delay together with an estimate of the period within which it will submit its report.  In no case shall the
proceedings exceed 90  [120] days.
[(c) Following the consideration of submissions and oral arguments, the Appellate Body shall issue an
interim report to the parties, including both the descriptive sections and the Appellate Body's findings andconclusions.  Within a period of time set by the Appellate Body, a party may submit a written request for theAppellate Body to review precise asp ects of the interim report prior to ci rculation of the fi nal report to the
Members.  At the joint request of the parties, the Appellate Body shall hold a further meeting with the
parties on the issues identified in  the written comments.  If no comm ents are received within the comment
period, the interim report shall be considered the final report and circula ted promptly to the Members.  The
final Appellate Body report shall include a discussion of the arguments made at the interim review stage.]TN/DS/9
Page 8
(d)  At the request of the parties, the Appellate Body shall suspend its work for a period of time determined
by the parties.  In the event of such a suspension, the time-frames set out in this paragraph, Article 20, andparagraph 4 of Article 21 shall be extended by the amount of time that the work was suspended.
(e) Where a settlement of the matter am ong the parties to the dispute ha s been found, the report of the
Appellate Body shall be confined to a brief description of the case and to reporting that a solution has beenreached.
Paragraph 12
The Appellate Body shall address each of the issues raised in accordance with paragraph 6 during the appellate
proceeding .
Where, due to insufficient factua l findings in the panel report7 or undisputed facts on the record of the panel
proceedings, the Appellate Body is unable to fully address an issue,  it shall indicate it in its report and explain
in detail the specific insufficiencies in the factual findings an d undisputed facts on the record. In such case,
within 30 days from the adoption of the Appellate Body report by the DSB,  the complaining party mayrequest the DSB to remand that issue to the original  panel, pursuant to the provisions of Article 17bis.
Where, on the basis of the factual findings of the pa nel or undisputed facts on the record of the panel
proceedings, the Appellate Body is una ble to establish whether a measure in respect of which an issue was
raised on appeal is inconsistent with a covered agreement, it shall indicate it  in its report.  [In such a case, the
Appellate Body shall not make a recomm endation pursuant to  paragraph 1 of Article 19 that the measure be
brought into conformity with the covered Agreements. ]
The remand procedure is without p rejudice to the adoption of the relevant recommendations and rulings in
relation to findings which were not appealed and issues on which the Appellate Body was able to fully
address the issues under appeal.  [The remand pro cedure shall not prevent th e adoption of relevant
recommendations and rulings in respect of measures foun d to be inconsistent wi th a covered Agreement on
the basis of findings not affected by the situation giving rise to remand.]
[ARTICLE 17 BIS]
[1. When, pursuant to paragraph 12 of Article 17, a party to the dispute requests a remand, the DSB
shall establish a remand panel at the meeting, at which the request for a remand appears as an itemon the DSB’s agenda, unless the DSB decides by consensus not to establish the panel
8. The remand
panel shall be composed of the members of the original panel9.
2. The terms of reference of the remand panel shall be:
"To examine, in the light of th e relevant provisions in (name of the covered agreement(s) indicated
by the AB in its report) the matter referred to  the DSB under paragraph 12 of Article 17 in
document ….. and to make such findings, in acco rdance with the i ndications given by the Appellate
Body in its report, as will assist the DSB in making the recommendations or in giving the rulings
provided in that/those agreement(s)".
3. The remand panel shall circulate its report to th e Members within 90 days from the request.  When
the remand panel considers that it  cannot issue its report within such timeframe, it shall inform the
DSB in writing of the reasons for the delay together with an estimate of the period within which it
                                                     
7 This expression shall be understood to include reports by a compliance or remand panel.
8 If the complaining party so requests, a meeting of the DSB shall be co nvened for this purpose
within 15 days of the request, provided that at least 10 days' advance notice of the meeting is given.
9 If any member of the original panel is not available, a replacement shall be appointed by the
Director General within 7 days  after the date of establishment of the pa nel, after consulting  the parties to the
dispute.TN/DS/9
Page 9
will issue its report. In no case should the period  from the establishment of the remand panel to the
circulation of the report to the Members exceed six months10.
4. No later than 10 days after the date of circulation of the report of the remand pa nel, any party to the
remand panel proceeding may request a meeting of  the DSB to adopt the report.  The DSB shall
meet no later than 10 days after such a request unless the party requesting the meeting requests that
the meeting be held at a later date.  At that meeting, the remand panel report shall be adopted by theDSB unless a party to the remand panel proceeding forma lly notifies the DSB of its decision to
appeal or the DSB decides by consensus not to adopt the report. If a party has notified its decision to
appeal, the report of the remand pa nel shall not be cons idered for adoption by  the DSB until after
completion of the appeal. This adoption procedu re is without prejudice to the right of Members to
express their views on a remand panel report.
5. If the report of the remand panel is appealed, the Appellate Body proceedings, as well as the
adoption of the Appellate Body report, shall be conducted in accordance with Article 17.]
ARTICLE 18 – C OMMUNICATIONS WITH THE PANEL AND , THE APPELLATE BODY, OR THE
ARBITRATOR
Paragraph 2
Written submissions to the panel, or  the Appellate Body or the arbitrator  shall be treated as confidential, but shall
be made available to the parties to the dispute, and to third parties  as foreseen in Article 10 .  Nothing in this
Understanding shall preclude a party to a dispute from disclosing statements of its own positions to the public.Members shall treat as confidential information submitted by another Member to the panel or the Appellate Body
which that Member has designated as confidential.   Members may designate certai n information that they
submit to the panel, the Appellate Body or the arbitrator as "[privileged]".   Such information shall be
treated in accordance wi th procedures to be established by the DSB .
A party to a dispute shall also, upon request of a Member, provide a non-confidential summary of the information
contained in its written submissions that could be disclosed to the public.  [A: After each meeting of a panel or
oral hearing of the Appellate Body,] each party and third party to a dispute shall, if requested by any
Member, provide a non-confidential version of the written submissions  it has made to the panel [A: prior to
that meeting], that could be disclosed to the public within [fifteen days] [30 days] after the date of suchrequest.   The Secretariat shall establish and administer a dispute settlement registry at the WTO to facilitate
access to these non-confidential v ersions of  written submissions.  The DSB shall establish rules and
procedures governing the Secretariat's administra tion of the registry.
ARTICLE 21
Paragraph 2
Particular attention should  shall  be paid to matters affecting the interests of developing country Members with
respect to measures which have been subject to dispute settlement.
Paragraph 3
At a DSB meeting held within  No later than 10 days after the date of adoption of the panel or Appellate Body
report  by the DSB of its reco mmendations and rulings , the Member concerned shall inform the DSB of its
intentions in respect of implementation of the recommendations and rulings of the DSB.  If it is impracticable tocomply immediately with the recommendations and rulings,  the Member concerned shall have a reasonable period
of time in which to do so. The reasonable period of time
* shall be:
                                                     
10 The DSB may adopt guidelines on the working procedures to be followed by remand panels and
compliance panels.TN/DS/9
Page 10
(a) the period of time proposed by the Member concerned, provided that such period is approved by the DSB;
or, in the absence of such approval;
(b) a period of time mutually agreed by the parties to the dispute within 45 days after the date of adoption of
the recommendations and rulings;  or, in the absence of such agreement;
(c) a period of time determined through binding arbitra tion within 90 days after the date of adoption of the
recommendations and rulings.11 Any party to the dispute may refer the matter to arbitration at any point in
time after 30 days from the date of  the adoption by the DSB of the recommendation s and rulings.  If the
parties cannot agree on an arbitrator12 within 10 days after ref erring the matter to arbitration, at the request
of either party, the Director-Gen eral shall appoint the arbitrator , after consulting the parties13. The
arbitrator shall issue its award to the parties within 50 days from the date of the appointment of the
arbitrator.  In such arbitration, a guideline for the arbitrator14 should be that the reasonable period of time to
implement panel or Appellate Body recommendations should not exceed 15 months from the date of adoption of a
panel or Appellate Body report.    However, that time may be shorter or longer, depending upon the particular
circumstances.  If the Member concerned is a developing count ry Member, the arbitrator shall take due
account of any particular problems which may affect the time within which that Member can implement the
DSB recommendations and rulings.   In  addition, if the Member concer ned is a least-developed country
Member, due consideration shall be given to th e special situation faced  by such countries.
* The expression "reasonable period of time" shall be understood to refer also, where relevant, to the time-
periods provided for in paragraph 7 of  Article 4 and paragraph 9 of Arti cle 7 of the Agreement on Subsidies
and Countervailing Measures.
Paragraph 5
Deletion of existing text, to be replaced by the following:
[During the reasonable period  of time, each party to the dispute sh all accord sympathe tic consideration to
any request from another party to the dispute to discuss possible mutually satisfactory solutions for theimplementation of the recommenda tions and rulings of the DSB.]
Paragraph 6
(a) The DSB shall keep under surveillance the implementation of adopted recommendations and rulings.  The
issue of implementation of the recommendations and rulings may be raised at the DSB by any Member at any timefollowing their adoption.
(b) Unless the DSB decides otherwise, the issue of implementation of the recommendations or rulings shall be
placed on the agenda of the DSB meeting after six months following the date of establishment of the reasonable
period of time pursuant to paragraph 3 and shall remain on the DSB's agenda until the issue is resolved.   T h e
Member concerned shall report on the status of implem entation of the recommenda tions and rulings of the
DSB at each DSB meeting where any Member may ra ise any point pertaining  thereto.  The Member
concerned shall start to report under this provision  from the midpoint of the leng th of the reasonable period
of time or 6 months after the date  of adoption of the recommendations and rulings of the DSB, whichever is
the earlier, and continue until the parties to the dispute have mutu ally agreed that the issue is resolved.15**  At
least 10 days prior to each such DSB meeting, th e Member concerned shall provide the DSB with a detailed
written status report concerning its progress in the implementation of the recommendations and rulings , [including
any specific measures taken by the Member concerned sin ce the last report].  The final status report prior to
                                                     
11 [If the parties cannot agree on an arbitrator within ten days after referring the matter to arbitration, the
arbitrator shall be appointed by the Director-General within ten days, after consulting the parties.]
12 The expression "arbitrator" shall be interpreted as referring either to an individual or a group.
[13 The Director-General shall appoint the arbitr ator within 7 days, unless the parties agree
otherwise.]
14 The expression "arbitrator" shall be interpreted as referring either to an individual or a group.
15 The obligation to report on the status of implementation shall be suspended from the date of
establishment of a compliance panel under Article 21 bis until the adoption by the DSB of the panel report on
compliance and, where relevant, the A ppellate Body report on compliance.TN/DS/9
Page 11
the expiry of the reasonabl e period of time shall include any meas ures that the Member concerned has taken
to comply and any measures that it ex pects to have taken by the expiry of  the reasonable period of time.  The
Director-General will issue [every six months][once a year ] a public report on the status of implementation of
DSB recommendations and rulings.
* Where the Member concerned is a de veloping country Member, it sha ll report on the status of its
implementation at least at every second scheduled DSB meeting and shall provide a detailed written statusreport at least 10 days prior to each DSB meeting at which it is required to report.
(c) (i) When the Member concerned  considers that it has comp lied with the recommendations and
rulings of the DSB, it shall submit to the DSB a written notification of the measures it has taken to comply.
[(ii) If the Member concerned has not submitted a notification under subparagraph (i) by the date of
expiry of the reasonable period of time for implementation, the Member co ncerned shall submit, at that date,
a written notification of any measures it has taken to comply.]
[(iii)  If the Member concerned has not submitted a notification under subparagraph c(i) or a final
status report under subparagraph by the date that is 45 days before the date of expiry of the reasonableperiod of time, it shall, at the latest 15 days after that date, notify any measu res that the Member concerned
has taken to comply and any measures that it expects to  have taken by the expiry of the reasonable period of
time.]
Any notification under this subparagraph (c) shall include a detailed description as well as the text of any
relevant measures the Me mber concerned has taken.
ARTICLE 21BIS – DETERMINATION OF COMPLIANCE
Paragraph 1
Where there is disagreement between the complaining pa rty and the Member concerned as to the existence
or consistency with one or more covered agreement of  measures taken to comply with the recommendations
and rulings of the DSB, such dis agreement shall be resol ved through recourse to the dispute settlement
procedures provided for in this Article. [16]
Paragraph 2
The complaining party may request [A: consultations under this Article][B: the establishment of a
compliance panel] at any time after:
(i) the Member concerned has indica ted that it does not need a reasonable period of time for
implementation  pursuant to paragraph 3 of Article 21; or
(ii) the Member concerned has submitted a notification of compliance pursuant to
paragraph 6(c) (i) of Article 21;  or
(iii) [A: 20 days before] the date of expiry of the reasonable period of time;
whichever is the earlier.  Such re quest shall be made in writing.
[The complaining party may also request [A: consulta tions under this Article][B: the establishment of a
compliance panel] at any time if it  considers that the Member concerned has taken a measure to comply with
the recommendations and rulings of the DSB which is inconsistent with the covered agreements.]
                                                     
16 [This is without prejudice to the ri ght of a party or the parties to  have recourse to other dispute
settlement procedures under this Understanding, includ ing the procedures under Ar ticle 5 or Article 25.]TN/DS/9
Page 12
[A: The Member to which the request is made shall, unl ess it has been otherwise agreed with the complaining
party, reply to the request within 10 days after the date of its receipt and shall enter into  consultations in
good faith within 20 days from the date of circulation of the request.]
Paragraph 3
[A:  At any time 20 days after the circulation of th e request for consultations,  the complaining party may
request the establishment of a compliance panel.]
The compliance panel shall be composed of the members of the original panel.17
Paragraph 4
In its request for the establishment of a compliance panel, the complainin g party shall iden tify the specific
measures at issue and provide a brief summary of the le gal basis of the complaint, sufficient to present the
problem clearly.  If the complainant party requests th e establishment of a panel with other than standard
terms of reference, the written request shall included the proposed text of special terms of reference.  Unless
the parties to the complian ce panel proceedings agree on special term s of reference within 5 days from the
establishment of the compliance panel, the complia nce panel shall have sta ndard terms of reference in
accordance with Article 7.
Paragraph 5
The DSB shall establish a compliance pa nel a the meeting at which, at th e request of the complaining party,
the request first appears as an item on the agenda18, unless the DSB decides by consensus not to establish a
panel.
Paragraph 6
The compliance panel shall circulate its report to the Members within 90 days of the date of its
establishment.
Paragraph 7
[The compliance panel report shall be adopted by the DSB at the request of any party unless a party to the
compliance panel proceedings formally  notifies the DSB of its decision  to appeal or the DSB decides by
consensus not to adopt the report]19 This adoption procedure is withou t prejudice to the right of Members to
express their views on a compliance panel report.
Paragraph 8
Where the report of the compliance pa nel is appealed, the appellate rev iew proceedings, as well as the
adoption of the Appellate Body report on compliance,  shall be conducted in accordance with Article 17.
Paragraph 9
Where the compliance panel or the Appe llate Body concludes that the Me mber concerned has failed to bring
the measure found to be inconsistent with one or mo re of the covered agreements into conformity therewith
or otherwise comply with the recommendations and rulings  of the DSB within the rea sonable period of time,
                                                     
17 If any member of the original panel is not available, the Director-G eneral shall appoint a
replacement within 7 days after the da te of establishment of the compliance panel, after consulting with the
parties to the arbitration, unless th e Director-General has been requested no t to do so by the parties to the
compliance panel procedure.
18 If the complaining party so requests, a meeting of the DSB shall be convened for this purpose within 15
days of the request, provided that at least 10 days' advance notice of the meeting is given.
19 If the complaining party so requests, a meeting of the DSB shall be convened for this purpose within 15
days of the request, provided that at least 10 days' advance notice of the meeting is given.TN/DS/9
Page 13
the Member concerned shall not be en titled to any fu rther period of time fo r implementation following
adoption by the DSB of its recommendations and rulings.
Paragraph 10
The compliance panel shall establish its own working pr ocedures.  The provisions of [Articles 1 through 3,
[4, 7.2,] 8 through 14 , [16.2],  18, 19, 21.1, 21.2, 21.7, 21.8, 23, 24, 26, 27 [and 28, as well as appendices 1 and
2]] of this Understanding shall apply mutatis mutandis to compliance pane l proceedings, to the extent that
they are not incompatible with th e specific procedures and time fram es provided for under this Article.
ARTICLE 22
Paragraph 1 bis
At any point of time after the adoption by the DSB of its recommendations a nd rulings and before the
submission of the request for authorization for suspen sion of concessions or ot her obligations referred to in
paragraph 2 of this Article, the parties may agree to refer to arbitration the det ermination of  the level of
nullification or impairment caused by measures found to be inconsistent with one or more covered
agreements.
[The complaining party may request such arbitration at any point of time after th e expiry of the reasonable
period of time where the parties agree that the Member concerned has not implemented the rulings and
recommendations of the DSB.   Wh ere procedures under Article 21 bis have been initiated, the complaining
party may request such arbitration only after the adoption of the compliance panel report and, as relevant,
the Appellate Body report on compliance.]
[If a compliance panel is established under Article 21 bis after an arbitration has been requested under this
[sub]paragraph, the arbitration procedure shall be suspended until the adoption of the compliance panelreport and, as relevant, the Appe llate Body report on compliance].
Such arbitration shall be carried out by the original panel,  if members are available.
20
The arbitration shall be completed and the award of the arbitrator shall be circulated to Members within 45
days after the date of the request. The award of the arbitrator21 shall be final, and pa rties shall accept it as
the level of nullification or impairment for purpose s of any subsequent proceedings under paragraph 6 of
this Article related to  the same measures.
Paragraph 2
Deletion of existing text, to be replaced by the following:
(a) The complaining party may either request the Memb er concerned to enter into  consultations with a
view to agreeing on a mutually accep table trade or other comp ensation, or request an authorization from the
DSB to suspend the application to the Member concern ed of concessions or other obligations under the
covered agreements  in accordan ce with paragraph 6 of this Article, at any time after:
(i) the Member concerned does not  inform the DSB pursuant to paragraph 3 of Article 21 that
it intends to implement the recommend ations or rulings of the DSB; or
(ii) the Member concerned does not submit with in the required time period a no tification
pursuant to paragraph 6(c) of Article 21 stat ing that the Member con cerned has complied; or
                                                     
20 If any member of the original panel is not available, and the parties to the arbitration do not agree
on a replacement, at the request of  any party the Director-General shall appoint a replaceme nt within 7 days
after the matter is referred to the arbitration, aft er consulting with the parties to the arbitration.
21 The expression "arbitrator" sha ll be interpreted as referring eith er to an individual or a group .TN/DS/9
Page 14
(iii) a compliance panel report pursuant to Ar ticle 21bis and, where that report has been
appealed, the Appellate Body report conclude th at the Member concerned has failed to bring the
measures found to be inconsistent with a cov ered agreement into compliance therewith or otherwise
comply with the recommendations or rulings of the DSB, and the DSB ha s adopted such report or
reports.
(b) The procedures in paragraph 2 bis shall apply to compensation.
[(c) Where there is disagreement as to the existence or  consistency with a covered agreement of measures
taken to comply with the recommend ation and rulings, proceedings sha ll be undertaken under Article 21 bis
before recourse may be ha d to this paragraph.]
Paragraph 2 bis
(a) The Member concerned shall, if so requested by th e complaining party, ent er into consultations with
a view to agreeing on a mutually acceptable trade or other compensati on at any point in time after
any of the situations referred to in sub-paragraphs i), ii) or  iii) of paragraph 2 occurs.  Where the
complaining party has requested consultations under this paragraph, it may not request
authorization from the DSB to su spend the application to the Me mber concerned of concessions or
other obligations under the covered  agreements in the 30 day peri od following the request for
consultations.
(b) Within [A: 30][B: 20]  days from the request, the Member con cerned [shall][should] submit to the
other Member a proposal for mutua lly acceptable trade or other co mpensation, taking into account
any prior request put forward by the complaining party during these consultations.  [B: If the
Member concerned does not submit such a prop osal within 20 days from the request, the
complaining Member may request authorization from the DSB to suspend the application to theMember concerned of concessions or oth er obligations under the covered agreements,
notwithstanding the provisions of subparagraph (a).]
(c) Where the complaining party is a developing co untry Member, the proposal should take into
account all relevant circumstances and considerations relating to the application of the measure and
its impact on the trade of that developing country  Member.  In such cases, the suitable form of
compensation should also be an  important consideration.  Where th e complaining party is a least
developed country Member, special consideration shall be given to the specific constraints that may
be faced by such countries in fi nding effective means of action through the possible withdrawal of
concessions or other obligations.
(d) If the parties to the dispute reach  an agreement on mutually accepta ble trade or other compensation,
they shall notify the text of su ch agreement to the DSB.  The Memb er concerned shall notify to the
DSB the measures it has taken in app lication of the compensation agreement.
Paragraph 2 ter
(a) Except as provided for in the previous paragraph, a complaining party shall be entitled to request
authorization from the DSB to susp end the application to the Member co ncerned of concessions or other
obligations under the covered agreements at any point in time after any of the situat ions referred to in sub-
paragraphs i) ii) or  iii) of paragraph 2 occurs.   [The  complaining party shall also submit, at the same time,
an indicative list of the concessions or other obligations it proposes to suspend.22]
(b) A meeting of the DSB shall be co nvened for the purpose of authoriz ing the suspension of concessions
or other obligations no later than 15 days after th e request, unless the complaining party requests that the
meeting be held at a later date 23 24.
                                                     
22 [This list shall be without prejudice to the determination by that Member of the specific
concessions or other obligations that it may ultimately suspend.]
23 In the case of paragraph 2 (ii) above, such DSB meeting shall not be conv ened before the expiry of
the reasonable period of time.TN/DS/9
Page 15
Paragraph 6
(a) When the complaining party has requested the  situation described in paragraph 2 occurs, the DSB, upon
request, shall grant  authorization to suspend concessions or other obligations pursuant to paragraph  2 ter, the
DSB shall authorize the suspension at the meeting at which, at the request of the complaining party, the
request first appears as an item on the DSB's agenda  within 30 days of the expiry of the reasonable period of
time unless the DSB decides by consensus to reject the request. 25  However, if the Member concerned objects to the
level of suspension proposed, or claims that the principles and procedures set forth in paragraph 3 have not been
followed where a complaining party has requested authorization to suspend concessions or other obligationspursuant to paragraph 3(b) or (c), the matter shall be referred to arbitration.
(b) Such arbitration shall be carried out by the original panel, if members are available, or by an arbitrator
26
appointed by the Director-General and shall be completed within 60 days after the date of expiry of the reasonable
period of time. .   The arbitration shall be carried out by the original panel, if members are available.27  The
award of the arbitrator shall be circulated within 60 days from the referral of the matter to arbitration.
However, if an arbitratio n procedure under Article 22.1 bis has taken place in respect of the same measure,
the arbitrator's award shall be circu lated within 30 days from the referral of the matter to arbitration.  The
complaining party shall not suspend concessions or other obligations during the course of the arbitration.
Paragraph 7
(a) The arbitrator acting pursuant to paragraph 6 shall not examine the nature of the concessions or other
obligations to be suspended but shall determine whether the level of such suspension is equivalent to the level ofnullification or impairment.  The arbitrator may also determine if the proposed suspension of concessions or otherobligations is allowed under the covered agreement.  However, if the matter referred to arbitration includes a claimthat the principles and procedures set forth in paragraph 3 have not been followed, the arbitrator shall examine that
claim.  In the event the arbitrator determines that thos e principles and procedures have not been followed, the
complaining party shall apply them consistent with paragraph 3.  The parties shall accept the arbitrator's decision as
final and the parties concerned shall not seek a second ar bitration.  The DSB shall be informed promptly of the
decision of the arbitrator and shall upon request, grant authorization to suspend concessions or other obligations where
the request is consistent with the decision of the arbitrator, unless the DSB decides by consensus to reject the request .
(b) At any time after the circulation of the award of the arbitrator, the complaining party may submit a
request to the DSB for an authorization to suspend concessions or other obligations.   [It shall also submit, at
the same time,  an indicative list of those concessions and other obligations that it proposes to suspend 28].
The DSB shall grant authorization to suspend concession s or other obligations where the request is consistent
with the determinations made by the arbitrator, unle ss the DSB decides by consen sus to reject the request.
Paragraph 8
(a) The suspension of concessions or other obligations shall be temporary and shall only be applied until such
time as the measure found to be inconsistent with a covered agreement has been removed, or the Member that mustimplement recommendations and rulings provides a solution to the nullification or impairment of benefits, or amutually satisfactory solution is reached.
(b) In accordance with paragraph 6 of Article 21, the DSB shall continue to keep under surveillance the
implementation of adopted recommendations and rulings, including those cases where compensation has been
                                                                                                                                                                          
24 The DSB shall not consider the request for authoriz ation to suspend the application to the Member
concerned of concessions or other obligations until after it has adopted the rep ort on compliance.
25 If the complaining party so requests, a meetin g of the DSB shall be co nvened for this purpose
within 15 days of the request for a meeting, provided that at least 10 days' advance notice of the meeting is
given .
26 The expression "arbitrator" shall be interpreted as referring either to an individual or a group.
27 If any members of the original panel are not a vailable, the procedures provided for in Article
22.1bis for the appointment of a replacement shall apply.
28 [This list shall be without prejudice to the determination by that Member of the specific concessions or other
obligations that it may ultimately suspend.]TN/DS/9
Page 16
provided or concessions or other obligations have been suspended but the recommendations to bring a measure into
conformity with the covered agreements have not been implemented.  Members which have been granted the
authorization to suspend concessions or other obligations shall promptly notify the DSB of any measures taken
in relation to that authorization.
Paragraph 9 (to be created)
(a) After the DSB has authorized the suspension of concessions or other obligations pursuant to
paragraph 6 or 7 of this Article, the Member concerned may request the wi thdrawal of such authorization on
the grounds that it has implemented the recommenda tions and rulings of the DSB [and eliminated the
inconsistency or the nullification or impairment of be nefits under the covered ag reements identified in the
recommendations and rulings of the DSB].  The Member concerned shall include with any such request a
written notice to the DSB describing in detail the measures it has taken, providing the text of the relevantmeasures, and requesting a meeting of the DSB.  The DSB shall not consider the request until 20 days after
the date of its circulation.  The DSB shall withdraw the authorization for suspension of concessions and other
obligations unless the complaining party [notifies the DSB of its decision to request][requests, at thatmeeting,] the establishment of a compliance panel under Article 21 bis or the DSB decides by consensus not to
withdraw the authorization.
29
(b) If the complaining party has re quested the establishment of a co mpliance panel, the provisions of
Article 21 bis shall apply to the establishment of  such panel and to it s proceedings.  If the measures at issue
are found not to be inconsistent with one or more covered agreements and to comply with the
recommendations and rulings of the DSB in the dispute, the Member concern ed may request a meeting of the
DSB to terminate the authorization for the suspension of concessions or other obligations at any time afterthe adoption of the compliance panel report and, where rel evant, of the Appellate Body report on
compliance.  The DSB shall meet  at no later than 15 days
30 after such a request unless the Member concerned
requests that the meeting be held at a later date.  At  such meeting the DSB shall withdraw the authorization
for suspension of concessions and other obligations unless the DSB decides by consensus not to do so.31
(c) The complaining party shall not maintain the suspension of concessions and other obligations after
the DSB has withdrawn the authorization.
(d) If as a result of recourse to the dispute se ttlement procedures provided for in Article 21 bis, the
measures taken to comply by the Member concerned are found not to be consistent with a covered agreement
or not to comply with the recommendat ions and rulings of the DSB in the dispute, any party to the dispute
may, at any time after th e adoption of the complian ce panel report and, where rel evant, the Appellate Body
report on compliance, request an arbitration to determ ine the level of nullification or impairment caused by
the measures at issue.  Article 22.6 shall apply mutatis mutandis  to such arbitration.  If the level of
nullification and impairment determined by the arbitrator under this paragraph differs from the level ofsuspension of concessions or other obligations previously authorized by the DSB, any party to the disputemay request a meeting of the DSB to modify the authorization for the suspension of concessions or otherobligations.  The DSB shall meet [10 days after such a request] unless the request indicates that the meeting is
to be held at a later date.  At such meeting, the DSB shall modify the authorization for suspension of
concessions or other obligations according to the d ecision of the arbitrator , unless the DSB decides by
consensus not to do so.  The comp laining party shall bring the suspension of concessions and other
obligations into conformity with the authorization of the DSB.
[(e) If the level of nullification or impairment has changed as a result of measures taken to comply by the
Member concerned, and where there is no disagreement between the part ies on the consistency of these
measures, any party to the dispute may refer the matter to arbitration in accordance with  Article 22.7 in
                                                     
29 If the Member concerned so requests, a meeting of the DSB shall be co nvened for this purpose
within 15 days of the request for a meeting, provided that at least 10 days' advance notice of the meeting isgiven.
30 In the case of an appeal, the DSB shall meet for this purpose on or after the date of the adoption of
the Appellate Body report pursuant to Article 17.14.
31 The DSB shall not consider the request for the withdrawal of the authorization to suspend
concessions or other obligations until after it has adop ted the report of the compliance panel or the Appellate
Body.TN/DS/9
Page 17
order to determine the modified level of nullification or impairment.  At any time after the circulation of
award of the arbitrator, any party to the dispute may request the DSB to modify the authorization in order toadjust to this change. ]
ARTICLE 27
Paragraph 2
While the Secretariat assists Members in respect of dispute settlement at their request, there may also be a need to
provide additional legal advice and assistance in respect of dispute settlement to developing country Members.  Tothis end, the Secretariat shall maintain a rost er of qualified legal experts, from  which an expert shall be made
available to  any developing country Member which so requests.  These experts shall assist the developing
country Member in a manner ensuring the continued impartiality of the Secretariat.
[ARTICLE 28 – L ITIGATION COSTS ]
[Members shall bear their own costs in procedures brought under this Understanding.  However, a panel or
the Appellate Body may decide to award, at the request of [the parties][one of the parties] to a dispute, an
amount for litigation costs, taking into account th e specific circumstances of  the case, the respective
conditions of the parties co ncerned and special and di fferential treatment to de veloping country Members.
Where a panel or the Appellate Body decides to grant su ch costs, it shall be gu ided by principles to be
determined in a deci sion by the DSB.]
APPENDIX 3
Paragraph 6
The panel shall invite in writing all All third parties which have notified their interest in the dispute to the DSB
shall be invited in writing to  present  their views during  a session of  to make a written submission to the panel
and to be present at the first substantive meeting of the panel  with the parties set aside for that purpose .  At that
meeting, the panel shall also give third pa rties an opportunity to  present their views.
Paragraph 7
Formal rebuttals shall be made at a second substantive meeting of the panel.  The party complained against shall
have the right to take the floor first, to be followed by the complaining party.  The parties shall submit, prior to thatmeeting, written rebuttals to the panel.
The panel shall invite in writing the third partie s to be present at the second substantive meeting.
Paragraph 8
The panel may put questions to the parties at any time and ask them for explanations either in the course of a
meeting with the parties or in writing.   The panel may also put questions to the third-parties and ask them for
explanations either in the course of a meeting with the parties or in writing, at any time prior to the issuance
of the interim report to the parties.
Paragraph 10
Deletion of existing paragraph.
Paragraph 12
(…)TN/DS/9
Page 18
The above calendar may be changed in the light of unforeseen developments. Additional meetings with the parties
shall be scheduled if required. The panel shall invite the third parties to be present at any additional
substantive meeting held prior to the issu ance of the interim rep ort to the parties .TN/DS/9
Page 19
II. PROPOSED DECISION BY THE GENERAL COUNCIL
The General Council,
Having regard to  Article 27.2 of the DSU;
[Having regard to  paragraph 30 of the Doha Ministerial Declaration on the improvement and clarification of the
Dispute Settlement Understanding; ]
Having regard to  paragraphs 38 to 41 of the Doha Ministerial D eclaration and the need for effective delivery of
technical assistance to developing countries as affirmed by Ministers;
Recognizing  that developing country Members, in particular the least-developed among them, may face particular
constraints in making effective use of the dispute settlement procedures contained in the DSU;
Desiring  to give effect to the provisions of Article 27 of the DSU in order to assist developing country Members in
enhancing their capacity to make effective use of the dispute settlement procedures, and build capacity in the area ofdispute settlement, thereby assisting them to exercise the rights of their membership;
Decides  as follows:
1. The Secretariat is instructed to maintain and administer, through its technical cooperation services, a roster
comprised of at least [x] qualified legal experts, whose services would be made available to developing countryMembers for the provision of legal advice and assistance in respect of dispute settlement pursuant to paragraph 2 ofArticle 27 of the DSU;
2. The General Council requests the Budget Committee to explore the manner in which adequate resources,
including through voluntary extra-budgetary contributions, can be ensured for the delivery of technical assistanceunder Article 27 of the DSU, including the provision of legal assistance as foreseen in paragraph 2 of that provision,and to report to the General Council by [--].
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