United States – measures concerning the importation, marketing and sale of tuna and tuna products

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 23 March 2016, the DSB took note that the matter raised by the United States in document WT/DS381/30 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 chairperson of the original panel was not available for these proceedings. On 22 April 2016, Mexico requested the Director-General to appoint a replacement.

4.     The following individuals will serve as the arbitrator:

        Chairperson:    Mr Stéfan Jóhannesson

        Members:                Ms Elizabeth Chelliah

                                Mr Franz Perrez

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