UNITED STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)
Document: Recourse to Article 22.6 of the DSU by the United States Communication from the Arbitrator
Date: 3 December 2012
Document codes: WT/DS353/22
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.1, 3.2, 5, 6.3, 1.1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

UNITED STATES – MEASURES AFFECTING TRADE
IN LARGE CIVIL AIRCRAFT
(SECOND COMPLAINT)

Recourse to Article 22.6 of the DSU by the United States

Communication from the Arbitrator

 The following communication, dated 29 N ovember 2012, has been received from the
Chairperson of the Arbitrator with the request that it be circulated to the Dispute Settlement Body.

On 27 November 2012, I received from the delega tion of the United States and the delegation
of the European Union requests to suspend the arbitr ation proceedings in this dispute (see the requests
attached).

In accordance with the parties' requests, th e Arbitrator has suspended the arbitration
proceedings from 28 November 2012.

I would be grateful if you could circulate this communication and attachments to the DSB.

Communication dated 27 November 2012,
Addressed to Mr Crawford Falconer, Chairperson of the Arbitrator,
from the delegation of the United States

The United States would like to thank you and the other arbitrators for accepting to serve in
the proceeding :
Recourse by the United States to Article 22.6 of the DSU (DS353).

On 12 January 2012, the United States and the European Union reached agreement on certain
procedures under Articles 21 and 22 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU") and Article 7 of the Agreement on Subsidies and Countervailing
Measures ("SCM Agreement") () (the "Agreed Procedures").

Paragraphs 1 to 5 of the Agreed Procedur es set out the procedure to be followed for
compliance proceedings under Article 21.5 of the DSU, and paragraphs 6 to 9 set out the procedure to
be followed should the European Union request th e Dispute Settlement Body ("DSB") to authorize
countermeasures and should the United States object to that request. Paragraph 8 of the Agreed
Procedures states the following:

If the matter is referred to arbitration prio r to adoption by the DSB of its rulings
following an Article 21.5 proceeding, the United States and the EU shall, at the
earliest possible moment, request the arbitrator under Article 22.6 to suspend its
work. In the event that the DSB rules that a measure taken to comply does not exist
or is inconsistent with a covered agreemen t, either party may request the Article 22.6
arbitrator to resume its work.
 Accordingly, the United States hereby requests the Arbitrator to suspend its work. The
United States understands that the European Union is also submitting a request that the Arbitrator
suspend its work.

Communication dated 27 November 2012,
Addressed to Mr Crawford Falconer, Chairperson of the Arbitrator,
from the delegation of the European Union

The European Union wishes to thank you and the other panellists for accepting to serve in the
above-captioned proceeding.
On 12 January 2012, the Parties reached agre ement on certain procedures under Articles 21
and 22 of the DSU and Article 7 of the SCM Agreement (WT/DS353/14) (the "Agreed Procedures").
Paragraphs 1 to 5 of the Agreed Procedur es set out the procedure to be followed for
compliance proceedings under Article 21.5 of the DSU, and paragraphs 6 to 9 set out the procedure to
be followed should the European Union request th e DSB to authorize countermeasures and should the
United States object to that request. Paragraph 8 of the Agreed Procedures states the following:
If the matter is referred to arbitration prio r to adoption by the DSB of its rulings
following an Article 21.5 proceeding, the United States and the EU shall, at the
earliest possible moment, request the arbitrator under Article 22.6 to suspend its
work. In the event that the DSB rules that a measure taken to comply does not exist
or is inconsistent with a covered agreemen t, either party may request the Article 22.6
arbitrator to resume its work.
Accordingly, the European Union hereby request s the Arbitration Panel to suspend its work.
As noted, the Parties have agreed that in the event that the DSB, follo wing a proceeding under
Article 21.5 of the DSU, rules that a measure taken to comply does not exist or is inconsistent with a
covered agreement, either party may request the Article 22.6 Arbitration Panel to resume its work.