United States – Anti-Dumping Measures on
Certain Shrimp from Viet Nam
Constitution
of the Panel Established at the Request of Viet Nam
Note
by the Secretariat
1. At its meeting on 18 May 2010, the Dispute Settlement
Body ("DSB") established a panel pursuant to the request of Viet Nam in
document WT/DS404/5, in accordance with Article 6 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes ("DSU").
2. The Panel's terms of reference are the
following:
"To examine, in the light of the
relevant provisions of the covered agreements cited by the parties to the
dispute, the matter referred to the DSB by Viet Nam in document WT/DS404/5 and
to make such findings as will assist the DSB in making the recommendations or
in giving the rulings provided for in those agreements."
3. On 14 July 2010, Viet Nam requested the
Director-General to determine the composition of the panel, pursuant to
paragraph 7 of Article 8 of the DSU.
This paragraph provides:
"If there is no agreement on the
panelists within 20 days after the date of the establishment of a panel, at the
request of either party, the Director-General, in consultation with the
Chairman of the DSB and the Chairman of the relevant Council or Committee,
shall determine the composition of the panel by appointing the panelists whom
the Director-General considers most appropriate in accordance with any relevant
special or additional rules or procedures of the covered agreement or covered
agreements which are at issue in the dispute, after consulting with the parties
to the dispute. The Chairman of the DSB
shall inform the Members of the composition of the panel thus formed no later
than 10 days after the date the Chairman receives such a request."
4. On 26 July 2010, the Director-General accordingly
composed the Panel as follows:
Chairman: Mr. Mohammad
Saeed
Members: Ms Deborah Milstein
Mr.
Iain Sandford
5. China, the European Union, India, Japan, Korea, Mexico and Thailand have reserved their rights to participate in the Panel
proceedings as third parties.