United States - Subsidies on Upland Cotton - Recourse to Arbitration by the United States under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement - Decision by the Arbitrator
- WTO Secretariat
- 2009/09/11
- 已被閱讀 968次
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World Trade
Organization WT/DS267/ARB/1
31 August 2009 (09-4009) Original: English
UNITED STATES – SUBSIDIES ON UPLAND COTTON
Recourse to Arbitration by the United States
under Article 22.6 of the DSU
and Article 4.11 of the SCM Agreement
Decision by the Arbitrator
TABLE OF CONTENTS
Page
I. INTRODUCTION 1
A. Initial proceedings 1
B. Request for arbitration and arbitration proceedings 3
C. Organization of the proceedings and presentation of the Decision 5
D. Treatment of confidential information 6
II. overall Approach of the Arbitrator 6
III. Brazil's proposed Level of countermeasures in relation to Step 2 7
A. Is Brazil entitled to seek "one-time" countermeasures in relation to the failure by the United States to withdraw the Step 2 payments between 1 July 2005 and 31 July 2006? 8
1. Main arguments of the parties 8
2. Assessment by the Arbitrator 10
(a) Legal basis for Brazil's request for countermeasures in rela