India – Measures Concerning Sugar and Sugarcane

Communication from the Panels

The following communication, dated 27 April 2020, addressed to the Chairperson of the Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement Understanding (DSU).

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Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides that the period in which a panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until the date the final report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate the reasons, together with an estimate of the period within which it will issue its report.

The Panels in India – Measures Concerning Sugar and Sugarcane (DS579-580-581) were established by the DSB on 15 August 2019 and composed on 28 October 2019, in accordance with Article 9.3 of the DSU.

Due to the complex procedural and factual nature of the disputes and in light of the harmonized timetables adopted thus far, the Panels estimate to issue their final reports to the parties not before the second quarter of 2021.

The reports will only be available to the public once they are circulated to the Members in all three working languages of the WTO. The date of circulation depends on completion of translation and the Panels are not in a position to provide an estimated circulation date at this time.

I would be grateful if you would circulate this letter to the Members of the DSB.