./.  WORLD TRADE  
ORGANIZATION  WT/L/607/Add.11 
12 April 2005 
 (05-1516) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES – THE ACP-EC PARTNERSHIP AGREEMENT 
 
Recourse to Arbitration Pursuant to the Annex to the Decision of 14 November 2001
1 
 
Communication from Brazil, Colombia, Co sta Rica, Ecuador, Guatemala, Honduras, 
Nicaragua, Panama and Venezuela 
 
Addendum  
 
 
 The following communication, dated 12 April 2005 and addressed to the Director-General, 
has been received from the Delegations of Braz il, Colombia, Costa Rica, Ecuador, Guatemala, 
Honduras, Nicaragua, Panama and Venezuela.  
_______________ 
  
 On 30 March 2005, Colombia, Costa Rica, Ecuador, Guatemala, Honduras and Panama 
requested arbitration pursuant to the Annex to the Decision of the Ministerial Conference European 
Communities - The ACP - EC Partnership Agreement  (WT/MIN(01)/15, WT/L/436).  On 
1 April 2005, Brazil, Nicaragua and Venezuela likew ise requested arbitration.  These nine Members 
are hereafter referred to as the "interested parties". 
  Pursuant to the Annex to the Decision of the Ministerial Conference the interested parties met 
on 6 April 2005 with the European Communities (the "EC") to endeavour to agree on the arbitrator.  
Unfortunately, no such agreement could be reached.  The Annex to this Decision stipulates that the 
arbitrator shall in this situation be appointed by th e Director-General within 30 days of the arbitration 
request.  The interested parties exchanged their vi ews on this matter and have decided to submit to 
you the following joint position.   The interested parties consider it imperative that  you appoint a group of persons rather than an 
individual as the arbitrator in this dispute.  Disput es on substantive issues have always been resolved 
by groups of three or five individuals.  We belie ve that this customary pr actice should guide you in 
this case.  The resolution of this dispute requires e xpertise in law, especially WTO law, international 
trade, complex economics, and the extensive history surrounding this dispute.  This calls for the appointment of a group of persons with a diver se background and a wide spectrum of expertise.  
Given the exceptional complexity of the dispute,  the interested parties propose a group of five 
individuals. 
  The interested parties believe that at least thr ee of the persons serving on this group should be 
members of the Appellate Body.  Given the economic implications of this dispute, the responsibility 
for its outcome should be borne only by persons of acknowledged independen ce and expertise.  The 
dispute requires the examination of extraordinaril y complex issues, particularly in economics, and 
                                                     
 
1 WT/L/436 (also circulated as a Minister ial Conference document as WT/MIN(01)/15). WT/L/607/Add.11 
Page 2  
 
given the number of participants, a potentially  large number of submissions and related 
documentation.  The group as a whole should poss ess the required spectrum of expertise.  Only 
persons with extensive practical experience in ha ndling the complex issues involved will be able to 
conduct this examination within the prescribed time-period of 90 days. 
 
 
 
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