We wish to refer to the communication from
Chile (WT/DS207/9), dated 6 December 2002, requesting binding arbitration under
Article 21.3(c) of the Understanding on Rules and Procedures for the Settlement
of Disputes ("DSU") to determine the reasonable period of time for
Chile to implement the recommendations and rulings of the Dispute Settlement
Body ("DSB") in the matter "Chile – Price Band System and
Safeguard Measures Relating to Certain Agricultural Products" (WT/DS207/R
and WT/DS207/AB/R).
The
parties to the dispute, Argentina and Chile, are currently holding
consultations for the appointment of an arbitrator, pursuant to footnotes 12
and 13 to Article 21.3(c) of the DSU.
With
respect to the time-period for the arbitration, Article 21.3(c) of the DSU requires that the reasonable period of
time for implementation be determined through binding arbitration within
90 days after the date of adoption of the recommendations and rulings of
the DSB. In this respect, the parties to
this dispute have agreed to extend the period of time for this binding
arbitration, which shall be completed no later than 90 days after the date of
the appointment of the arbitrator. The
parties to this dispute have agreed that the award of the arbitrator, made
within the agreed time-period, shall be deemed to be the award of the
arbitrator for the purposes of Article 21.3(c) of the DSU in determining the
reasonable period of time for Chile to implement the recommendations and
rulings of the DSB.