JOB/DSB/1/Add.13  
8 December  2020 
(20-8805) Page: 1/2 
 Original:  English  
 
  
STATEMENT ON A MECHANISM FOR DEVELOPING, DOCUMENTING AND SHARING  
PRACTICES AND PROCEDURES IN THE CONDUCT OF WTO DISPUTES  
Addendum  
The following communication, dated 7 December 2020, is being circulated at the request of the 
Delegation of Canada.  
 
_______________  
PRACTICES  CONCERNING THE USE OF FLEXIBLE ARRANGEMENTS  IN DISPUTE 
SETTLEMENT PROCEEDINGS  DURING THE COVID -19 PANDEMIC  
Desiring  to safeguard the right of WTO Members to the prompt  settlement of disputes , which is 
essent ial to the effective functioning of the WTO ; 
 
Considering  the ongoing restrictions on international  travel due to the COVID -19 pandemic and the 
additional precautions that are necessary to protect  people 's health and safety ; 
 
Acknowledging the importance of the principle of due process to the fair and orderly settlement of 
disputes;  
 
Acknowledging  that the time at which panels will be in a position to hold fully in-person meetings 
with the parties is currently unknown;  
 
Recognizing  the existence of information and communications technology that enable s efficient 
remote work  and notably the holding of meetings with remote participation ; 
 
Recalling  that Article 12.1 of the Understanding on Rules and Procedures Governing the Settlement 
of Disputes ( "Dispute Settlement Understanding ") provides panels with the discretion to adopt 
working procedures in individual disputes  after consulting with the parties , and that Article 12.2 of 
the Dispute Settlement Understanding states that panel procedures should provide sufficient 
flexibility so as to ensure high -quality panel reports, while not unduly delaying the panel process;  
 
Recognizing that, due to the COVID -19 pandemic , the principle of prompt settlement of disputes 
may require panels to adopt flexible arrangements, such as provisions for virtual  or hybrid 
(virtual  and in -person) hearings, at the request of the parties or, if necessary, on their own initiative , 
as illustrated by the decisions taken by several panels;  
 
Recognizing  that flexible arrangements  in the conduct of dispute settlement proceedings , as outlined 
below , are meant to be of a temporary nature and would apply during the COVID -19 pandemic ; 
 
In view of these considerations , endorsing Members indicate their intention to:  
 
1. Cooperate with the other party or parties in a dispute with a view to jointly  request ing the 
panel  to adopt  flexible arrangements , including recourse to virtual or hybrid  hearings , 
to ensure  that disputes can progress in a timely manner  during the COVID -19 pandemic ; 
 JOB/DSB/1/Add.13  
- 2 - 
  2. Cooperate with the panel and the other party or parties, when considering flexible 
arrangements, to ensure that each dispute 's unique context and factors  are taken into 
consideration in order to preserve the parties ' due process rights, including the ability of 
the parties to properly present argument and evidence , as well as the rights of the 
third parties in the dispute ; 
 
3. Take into consideration approaches that have been adopted by other WTO panels, or other 
domestic and international dispute settlement bodies , in particular with respect to 
technological capacity, procedural fairness , information security, and confidentiality ; 
 
4. Cooperate with the panel and the other party or parties to facilitate, in relation to virtual 
or hybrid hearings, a level of participation by panellists, parties, and third parties, as close 
as technically feasible to that of in -person hearings . For instance , the procedures should 
enabl e parties to deliver oral statements  and, to the extent possible,  to engage in 
substantive discussions  with the panel, one another, and third parties ; 
 
5. Consider favourably reasonable adjustments to procedures that may be desirable to ensure 
procedural fairness ; and 
 
6. Cooperate with the panel and the other party or parties to ensure that confidentiality 
requirements , including the confidentiality of the proceedings,  as provided for in the 
Dispute Settlement Understanding and in relevant panel working procedures , be observed . 
 
__________