Document: WT/DS207/RW Page H-1 ANNEX H WORKING PROCEDURES FOR THE PANEL
Document codes: WT/DS207/RW
Complainant: Argentina
Respondent: Chile
Third parties: Australia, Brazil, Canada, China, Colombia, Costa Rica, EU, Ecuador, El Salvador, Guatemala, Honduras, Japan, Nicaragua, Paraguay, Peru, Thailand, Venezuela, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. XIX:1, II  GATT 1994Art. 4  AgricultureArt. 2, 3, 4, 5, 6, 12  Safeguards

ANNEX H

WORKING PROCEDURES FOR THE PANEL

1. In its proceedings the Panel shall follow the relevant provisions of the Dispute Settlement
Understanding (DSU). In addition, the following working procedures shall apply.
2. The Panel will provide the Parties1 and Third Parties2 with a timetable for its proceedings. The
timetable may be modified by the Panel as appropriate, after having consulted the Parties.
3. The Panel shall meet in closed session. The Par ties, and interested Third Parties, shall be
present at the meetings only when invited by the Panel to appear before it.
4. The deliberations of the Panel and the documents submitted to it shall be kept confidential.
Nothing in the DSU, nor in these Working Pro cedures, precludes a Party or a Third Party from
disclosing statements of its own positions to the public. Members shall treat as confidential
information submitted by another Member to the Panel which that Member has designated as
confidential. As provided in Article 18.2 of the DS U, where a Party submits a confidential version of
its written submissions to the Panel, it shall al so, upon request of the other Party, provide a non-
confidential summary of the information contained in its submissions that could be disclosed to the
public. Non-confidential summaries shall be normally submitted no later than one week after the
written submission is presented to the Panel.
5. Before the substantive meeting of the Panel with the Parties, and in accordance with the
timetable approved by the Panel, the Parties shall transmit to the Panel written submissions and
subsequently written rebuttals in which they presen t the facts of the case, their arguments and their
counter-arguments, respectively. Third Parties may transmit to the Panel written submissions after the
first written submissions of the Parties have been presented, and in accordance with the timetable
approved by the Panel.
6. All Third Parties shall be invited in writing to present their views dur ing a session of the
substantive meeting of the Panel set aside for that purpose. Third Parties may be present during the
entirety of this session.
7. At its substantive meeting with the Parties, the Panel shall ask Argentina to present its case
first. Subsequently, and still at the same meeting, Ch ile will be asked to present its point of view. At
a separate session of the same mee ting set aside for that purpose, Third Parties will be asked to
present their views thereafter. Parties will then be allowed an opportunity for final statements, with
Argentina presenting its statement first.
8. The Panel may at any time put questions to the Parties and to the Third Parties and ask them
for explanations either in the course of the substan tive meeting or afterwards in writing. Replies to
questions shall be submitted in writing by the dates specified by the Panel after consultation with the
Parties.
9. Each Party shall make available to the Panel and to the other Party a written version of its oral
statements, preferably at the end of the meeting wi th the Panel, and in any event not later than the

1 Throughout this document, the term "Party" refers to either Argentina or Ch ile, as appropriate. The
term "Parties" refers to both Argentina and Chile.
2 Throughout the document, the term "Third Partie s" refers to Australia, Brazil, Canada, China,
Colombia, the European Communities, Peru, Thailand and the United States.

working day following the presentation. Any Third Party that wishes to present its views shall
similarly make available to the Panel and to the Parties and other Third Parties a written version of
their oral statements, preferably at the end of the meeting with the Panel, a nd in any event not later
than the working day following the presentation. Parties and Third Parties shall provide the Panel and
other participants at the respective session with a provisional written version of their oral statements at
the time that the statements are made.
10. In the interest of full transparency, the oral pres entations shall be made in the presence of the
Parties. Moreover, each Party's written submissions, including replies to questions put by the Panel,
shall be made available to the other Party. Thir d Parties shall receive copies of the Parties' first
written submissions and rebuttals. Parties shall su bmit all factual evidence to the Panel as early as
possible and no later than during the substantive me eting, except with resp ect to evidence necessary
for purposes of answering to questions. Exceptions will be granted upon a showing of good cause. In
such cases, the other Party shall be accorded a period of time for comment, as appropriate.
11. The Panel will incorporate the submissions from the Parties and Third Parties, including the
first written submissions, rebuttals and written versions of oral stat ements as an appendix to the
report. Parties and Third Parties will be free, if they so wish, to provide the Panel with a shorter
version of their submissions for this purpose.
12. To facilitate the maintenance of the record of the dispute, and to maximize the clarity of
submissions, in particular the refe rences to exhibits submitted by Pa rties, Parties shall sequentially
number their exhibits throughout the course of the dispute. For example, exhibits submitted by
Argentina should be numbered ARG-1, ARG-2, etc. If the last exhibit in connection with the first
submission was numbered ARG-5, the first exhibit of the next submission thus should be numbered
ARG-6. Exhibits submitted by Chile should be numbered CHL-1, CHL-2, etc.
13. The Parties and Third Parties to this proceedi ng have the right to determine the composition
of their own delegations. Delega tions may include, as representativ es of the government concerned,
private counsel and advisers. The Parties and Thir d Parties shall have responsibility for all members
of their delegations and shall ensure that all members of their delegations, as well as any other
advisors consulted by a Party or Third Party, act in accordance with the rules of the DSU and the
working procedures of this Panel, particularly in re gard to confidentiality of the proceedings. Parties
shall provide a list of the participants of their de legation before or at the beginning of any meeting
with the Panel.
14. Any request for a preliminary ruling (including rulings on jurisdictional issues) to be made by
the Panel shall be submitted no later than in a Part y's first written submission. If Argentina requests
any such ruling, Chile shall submit its response to such a request in its first written submission. If
Chile requests any such ruling, Ar gentina shall submit its response to such a request in its rebuttal
submission. Exceptions to this procedure will be granted upon a showing of good cause.
15. The following procedures regarding service of documents shall apply:
(a) Each Party shall serve its submissions directly on the other Party. Each Party shall, in
addition, serve its first written submission an d rebuttals on Third Parties. Each Third
Party shall serve its submissions on the Parties and other Third Parties. Each Party
and Third Party shall confirm in writing, at the time it provides the submission to the
Secretariat, that copies have been served as required.
(b)
 The Parties and Third Parties shall provid e their written submissions to the Panel,
through the Secretariat, by 5. 00 p.m., local Geneva time, on the deadlines established
by the Panel.

(c) Parties and Third Parties shall provide the Secretariat with written copies of their oral
statements on the working day following the date of the presentation.
(d) The Parties and Third Parties shall provide th e Secretariat with ten (10) paper copies
of all their submissions as well as an "electronic" copy on a CD-ROM, diskette or as
an e-mail attachment, in a format compatible with the Secretariat's software. Paper
copies shall be delivered to the Disput e Settlement Registrar, ****** (Room ****).
Electronic copies should be sent by e-mail to ***** at *****@wto.org
, ***** at
*****@wto.org and ***** at *****@wto.org.
(e) The Panel will provide Parties with an elect ronic version of the descriptive part, the
interim report and the final report, as well as of other documents as appropriate.
When the Panel transmits to the Parties or Third Parties both paper and electronic
versions of a document, the paper version sh all constitute the official version for the
purposes of the record of the dispute.
16. These working procedures may be modified by the Panel as appropriate, after having
consulted the Parties.