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Preface
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ix
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List of abbreviations
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x
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I. Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
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1
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Article 1:Coverage and Application
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1
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Article 2:Administration
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2
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Article 3:General Provisions
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3
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Article 4:Consultations
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5
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Article 5:Good Offices, Conciliation and Mediation
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8
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Article 6:Establishment of Panels
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8
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Article 7:Terms of Reference of Panels
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9
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Article 8:Composition of Panels
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9
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Article 9:Procedures for Multiple Complainants
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11
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Article 10:Third Parties
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12
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Article 11:Function of Panels
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13
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Article 12:Panel Procedures
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13
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Article 13:Right to Seek Information
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15
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Article 14:Confidentiality
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16
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Article 15:Interim Review Stage
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16
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Article 16:Adoption of Panel Reports
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16
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Article 17:Appellate Review
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17
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Article 18:Communications with the Panel or Appellate Body
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20
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Article 19:Panel and Appellate Body Recommendations
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20
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Article 20:Time-frame for DSB Decisions
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21
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Article 21:Surveillance of Implementation of Recommendations and Rulings
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21
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Article 22:Compensation and the Suspension of Concessions
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23
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Article 23:Strengthening of the Multilateral System
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27
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Article 24:Special Procedures Involving Least-Developed Country Members
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28
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Article 25:Arbitration
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28
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Article 26:1. Non-Violation Complaints of the Type Described in Paragraph 1(b) of Article XXIII of GATT 1994
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29
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2. Complaints of the Type Described in Paragraph 1(c) of Article XXIII of GATT 1994
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30
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Article 27:Responsibilities of the Secretariat
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31
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Appendices
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1. Agreements Covered by the Understanding
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32
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2. Special or Additional Rules and Procedures Contained in the Covered Agreements
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33
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3. Working Procedures
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34
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4. Expert Review Groups
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36
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II. Dispute Settlement Rules and Procedures in the Multilateral Trade Agreements
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38
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A. The GATT 1994 and Other Covered Agreements
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38
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1. General interpretative note to Annex 1A
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38
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2. The General Agreement on Tariffs and Trade 1994
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38
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3. Multilateral Agreements on Trade in Goods
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40
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i. Agreement on Agriculture
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40
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ii. Agreement on the Application of Sanitary and Phytosanitary Measures
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40
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iii. Agreement on Technical Barriers to Trade
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40
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iv. Agreement on Trade-Related Investment Measures
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42
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v. Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
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42
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vi. Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
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44
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vii. Agreement on Preshipment Inspection
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46
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viii. Agreement on Rules of Origin
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46
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ix. Agreement on Import Licensing Procedures
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46
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x. Agreement on Subsidies and Countervailing Measures
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47
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xi. Agreement on Safeguards
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54
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B. General Agreement on Trade in Services (GATS)
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55
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C. Agreement on Trade-Related Aspects of Intellectual Property Rights
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57
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III. Dispute Settlement Decisions of the Contracting Parties to the GATT 1947 Referred to in the DSU
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58
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A. Decision of 12 April 1989 on Improvements to the GATT Dispute Settlement Rules and Procedures (BISD 36S/61)
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58
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B. Decision of 5 April 1966 on procedures under Article XXIII (BISD 14S/18)
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59
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IV. Dispute Settlement Rules and Procedures in the Plurilateral Trade Agreements
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62
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A. Provisions Regarding the Agreement on Government Procurement
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62
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1. Agreement on Government Procurement
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62
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2. Notification Under Appendix 1 of the Dispute Settlement Understanding
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64
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B. Agreement On Trade In Civil Aircraft
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64
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V. Rules of Procedure for Meetings of the Dispute Settlement Body
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66
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A. Rules of Procedure for Meetings of the Dispute Settlement Body
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66
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B. Rules of Procedure for Sessions of the Ministerial Conference and Meetings of the General Council
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67
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VI. Rules of Conduct for the Understanding on the Rules and Procedures Governing the Settlement of Disputes
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77
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VII. Rules and Procedures Relating to Appellate Review
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87
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A. Working Procedures for Appellate Review
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87
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Annex I: Timetable for Appeals
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104
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Annex II: Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes
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105
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Annex III:Table of Consolidated and Revised Versions of the Working Procedures for Appellate Review
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105
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B. Additional Procedures for Consultations between the Chairperson of the DSB and WTO Members in relation to Amendments to the Working Procedures for Appellate Review
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106
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C. Establishment of the Appellate Body
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106
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VIII. DSU Practices
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112
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A. Working practices concerning dispute settlement procedures
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112
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“Date of circulation” in the DSU and its additional and special rules
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112
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Communications under the DSU
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112
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Time-periods under the DSU and other covered agreements
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113
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Notifications of requests for consultations
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114
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B. Article 4.11 of the DSU – Replies to requests to be joined in consultations
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114
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C. Statement by the Chair of the GATT Council concerning time-periods for third-party notifications
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114
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IX. Other Decisions
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115
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A. Declaration on Dispute Settlement Pursuant to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 or Part V of the Agreement on Subsidies and Countervailing Measures
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115
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B. Procedures for the Circulation and Derestriction of WTO Documents
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115
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C. Procedures for Arbitration under Article 8.5 of the Agreement on Subsidies and Countervailing Measures
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121
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D. Decision on Certain Dispute Settlement Procedures for the General Agreement on Trade in Services
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129
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Index
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131
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