JOB/DSB/1/Add.5  
 
18 July 2016  
(16-3853)  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 15 July 2016, is being circulated at the request of the 
Delegation of Canada.  
_______________ 
ADDITIONAL PRACTICES AND PROCEDURES  IN THE CONDUCT OF WTO DISPUTES 
IMPROVING AND STREAMLINING DISPUTE PROCEEDINGS 
The Members that endorse this document consider that the effectiveness and sustainability of the 
dispute settlement system can be preserved thro ugh the pursuit of cooperative and efficient 
approaches to dispute proceedings. To reduce the demand on the resources of the system and to 
streamline proceedings at all stages, endorsing Members indicate their intention, when in disputes 
with other endorsing Members, to: 
 
1. Meet with each other, other Members and with the relevant WTO adjudicators, or their 
designees, as frequently as necessary to improve cooperation, coordination and 
information sharing related to the status and progress of disputes; 
 
2. Provide, during consultations, questions in writing no later than 10 days in advance of 
the date of the consultations; 
 
3. Invite, in the process of composing panels, nominations of candidates who are nationals 
of third parties and who are not currently  employed by, or affiliated with, the 
government of a third party or any other government of a WTO Member; 
 
4. Provide, in the exceptional circumstances in which a disputing party opposes a 
nomination for a panel, a compelling explanation for the opposition; 
 
5. Cooperate with other parties to make joint requests to panels, arbitrators and the 
Appellate Body that the relevant working procedures provide for: 
 
a. deadline for submitting requests for preliminary rulings under Article 6.2 of the 
DSU, and an indication of the date by which the panel will circulate the 
preliminary ruling to all Members, with a confirmation that it will become an integral part of the final report; 
 
b. in the case of original panel proceedings, where appropriate, two sets of 
sequential submissions by the parties, one submission by the third parties and 
one substantive meeting with the panel. In determining whether it is appropriate, 
disputing parties will not object to sequential filing of rebuttal submissions on the 
grounds that Article 12.6 of the DSU provides for simultaneous submissions; 
 
c. a first set of written questions from the panel or arbitrator provided at least 
10 days in advance of the substantive meeting (or meetings) with the parties; JOB/DSB/1/Add.5 
 
- 2 - 
 
  d. a first set of indicative questions to be provided by the Appellate Body at least 
5 days in advance of the hearing with the parties, including an indication of the issues on which the Division considers warrant the greatest amount of attention during the hearing. 
 
In addition, endorsing Members further encourage parties to disputes to:  
1. Pursue only claims and arguments, and subm it only evidence, that will contribute to 
securing a positive solution to their disputes in a timely manner; and,  
 
2. Give favourable consider to any other any other practices or procedures proposed 
either by the other party or by the panel with a view to improving or streamlining the 
proceedings. 
 
__________