United States – CERTAIN COUNTRY OF ORIGIN
LABELLING (COOL) REQUIREMENTS
Recourse to Article 22.6 of the DSU by the United
States
Constitution of the Arbitrator
Note by
the Secretariat
1. At the meeting of the Dispute Settlement Body (DSB) on 17 June
2015, the DSB took note that the matter raised by the
United States in documents WT/DS384/36 and
WT/DS384/36/Corr.1 has been referred to arbitration, as required by 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.
(original footnote) 15 The expression "arbitrator"
shall be interpreted as referring either to an individual or a group.
3. The arbitration will be carried out by the original panelists as
follows:
Chairperson: Mr Christian Häberli
Members: Mr Manzoor Ahmad
Mr João Magalhães
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