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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