UNITED STATES –
ANTI-DUMPING ACT OF 1916
Recourse by the European Communities to Article
22.6 of the DSU
Constitution
of the Arbitrator
Note by the Secretariat
1. At
its meeting on 18 January 2002, the Dispute Settlement Body (DSB) agreed that
the matter raised by the European Communities in document WT/DS136/15 shall be
referred to arbitration in accordance with Article 22.6 of the DSU.
2. Article 22.6 of the DSU provides as
follows:
"When the situation described in
paragraph 2 occurs, the DSB, upon request, shall grant authorization to suspend
concessions or other obligations within 30 days of the expiry of the reasonable
period of time unless the DSB decides by consensus to reject the request. However, if the Member concerned objects to
the level of suspension proposed, or claims that the principles and procedures
set forth in paragraph 3 have not been followed where a complaining party has
requested authorization to suspend concessions or other obligations pursuant to
paragraph 3(b) or (c), the matter shall be referred to arbitration. Such
arbitration shall be carried out by the original panel, if members are
available, or by an arbitrator15 appointed by the Director-General
and shall be completed within 60 days after the date of expiry of the
reasonable period of time. Concessions
or other obligations shall not be suspended during the course of the
arbitration."