TURKEY – CERTAIN MEASURES CONCERNING THE PRODUCTION,
IMPORTATION AND MARKETING OF PHARMACEUTICAL PRODUCTS

Recourse to Article 25 of the DSU

communication from the Arbitrators

The following communication from the Arbitrators, dated 25 July 2022, is addressed to the Chair of the Dispute Settlement Body, the Chair of the Council for Trade in Goods, the Chair of the Committee on Subsidies and Countervailing Measures, and the Chair of the Committee on Trade-Related Investment Measures.

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It is our honour to notify the Award of the Arbitrators in the arbitration under Article 25 of the DSU in Turkey – Certain Measures Concerning the Production, Importation and Marketing of Pharmaceutical Products (WT/DS583/ARB25 and WT/DS583/ARB25/Add.1), in accordance with Article 25.3 of the DSU. The Award will be circulated to the Members today, 25 July 2022.

This Arbitration concerned issues of law and legal interpretations developed in the Final Panel Report in this dispute, as issued to the parties on 11 November 2021 (at the request of the parties, the Panel suspended its work before the circulation of its report to the Members). Pursuant to paragraph 9 of the Agreed Procedures for Arbitration under Article 25 of the DSU, notified by the parties to the Dispute Settlement Body on 22 March 2022 (Agreed Procedures, WT/DS583/10), the findings of the Panel that were not challenged in the context of this Arbitration shall be deemed to form an integral part of our Award together with our own findings. The Final Panel Report, as issued to the parties, can be found as an attachment to Türkiye's notice of recourse to arbitration. (WT/DS583/12 and WT/DS583/12/Add.1).