India - Measures Concerning the Importation of Certain Agricultural Products - Communication from India and the United States concerning article 21.3(c) of the DSU

India – measures concerning the importation of

certain agricultural products

Communication from India and the united states concerning
Article 21.3(c) of the DSU

The following communication, dated 3 August 2015, from the delegation of India and the delegation of the United States to the Chairperson of the Dispute Settlement Body, is circulated at the request of these delegations.

 

 

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At its meeting on 19 June 2015, the Dispute Settlement Body ("DSB") adopted its recommendations and rulings in the dispute India — Measures Concerning the Importation of Certain Agricultural Products from the United States (DS430).

 

On 13 July 2015, India informed the DSB by letter that it intended to implement the DSB's recommendations and rulings in this dispute and stated that it would need a reasonable period of time in which to do so.

 

Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of time, the reasonable period of time shall be determined "through binding arbitration within 90 days after the date of adoption of the recommendations and rulings."

 

In order to allow sufficient time for the parties to discuss a mutually agreed period, the United States and India (i) agree that, in the event an arbitration under Article 21.3(c) of the DSU is requested, it shall be completed no later than 60 days after the date of the appointment of an arbitrator, unless the arbitrator, following consultation with the parties, considers that additional time is required; and (ii) hereby confirm that any award of the arbitrator (including an award not made within 90 days after the date of adoption of the DSB recommendations and rulings) shall be deemed to be an award of the arbitrator for the purposes of Article 21.3(c) of the DSU in determining the reasonable period of time for India to implement the recommendations and rulings of the DSB.

 

We respectfully request that you circulate this notification to the Members of the DSB.

 

 

 

 

 

(Signed)

Mr. Sudhakar Dalela

Deputy Permanent Representative

Permanent Mission of India

(Signed)

Mr. Christopher S. Wilson

Chargé d'affaires, a.i.

Permanent Mission of the United States

 

 

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