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

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.