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The awards provided on this page consist of all the Article 21.3(c) awards circulated to WTO Members. The list is updated immediately after each new award is circulated. |
Please note that we are no longer updating this page. Article 21.3(c) Awards are now available at the following link: http://www.worldtradelaw.net/reports/213(c)awards/rptawards.asp
Other Categories of Decisions: Appellate Body Reports :: WTO Panel Reports :: GATT Panel Reports :: Article 22.6 Arbitrations :: Article 25 Arbitrations :: Other Arbitrations
Documents are all PDF files. To view them, you will need the free Acrobat Reader, which can be downloaded from Adobe.
These awards are published in their officially paginated format by Cambridge University Press in the Dispute Settlement Reports (DSRs). The DSR citations are provided in the table (with the exception of recently circulated awards which have not yet been published).
Article 21.3(c) "Reasonable Period of Time" Arbitration Awards
|
Dispute Name |
Complaining Party(ies)
in Underlying Dispute |
DS Number |
DSR Citation | Arbitrator |
Circulation Date |
Award |
| U.S. - Stainless Steel (Mexico) | Mexico | 344 | Florentino Feliciano | October 31, 2008 | 11 months, 10 days | |
| Brazil - Tyres | EC | 332 | Yasuhei Taniguchi | August 29, 2008 | 12 months | |
| Japan - DRAMS CVD | Korea | 336 | David Unterhalter | May 5, 2008 | 8 months, 2 weeks | |
| U.S. - Zeroing (Japan) | Japan | 322 | Florentino Feliciano | May 11, 2007 |
Agreement reached by parties -- report of proceedings issued, but no award made |
|
| EC - Chicken Classification | Brazil, Thailand | 268,286 | James Bacchus | February 20, 2006 | 9 months | |
| EC - Sugar Subsidies | Australia, Brazil, Thailand | 265,266,283 | DSR 2005:XXIII, 11579 | A.V. Ganesan | October 28, 2005 | 12 months, 3 days |
| Dominican Republic - Cigarettes | Honduras | 302 | DSR 2005:XXIII, 11663 | John Lockhart | August 29, 2005 |
Agreement reached by parties -- report of proceedings issued, but no award made |
| U.S. - Gambling Services | Antigua and Barbuda | 285 | DSR 2005:XXIII, 11637 | Claus-Dieter Ehlermann | August 19, 2005 | 11 months, 2 weeks |
| U.S. - OCTG Sunset Reviews | Argentina | 268 | A.V. Ganesan | June 7, 2005 | 12 months | |
| U.S. - Final Lumber AD Determination | Canada | 264 | DSR 2004:X, 5011 | John Lockhart | December 13, 2004 |
Agreement reached by parties -- report of proceedings issued, but no award made |
| EC - Tariff Preferences | India | 246 | DSR 2004:IX, 4313 | John Lockhart | September 20, 2004 | 14 months, 11 days |
|
U.S. - Offset Act ("Byrd Amendment") |
Australia, Brazil, Canada, Chile, EC, India, Indonesia, Japan, Korea, Mexico, Thailand |
217,234 | DSR 2003:III, 1163 | Yasuhei Taniguchi | June 13, 2003 | 11 months |
|
Chile -
Agricultural Products (Price Band) |
Argentina | 207 | DSR 2003:III, 1237 | John Lockhart | March 17, 2003 | 14 months |
| U.S. - Line Pipe Safeguards | Korea | 202 | DSR 2002:V, 2061 | Yasuhei Taniguchi | July 26, 2002 |
Agreement reached by parties -- report of proceedings issued, but no award made |
| U.S. - Hot-Rolled Steel from Japan | Japan | 184 | DSR 2002:IV, 1389 | Florentino Feliciano | February 19, 2002 | 15 months |
| Argentina - Bovine Hides | EC | 155 | DSR 2001:XII, 6013 | Florentino Feliciano | August 31, 2001 | 12 months, 12 days |
| Canada - Patent Term | U.S. | 170 | DSR 2000:IX, 4537 | Claus-Dieter Ehlermann | February 28, 2001 | 10 months |
| U.S. - 1916 Act | EC, Japan | 136,162 | DSR 2001:V, 2017 | A.V. Ganesan | February 28, 2001 | 10 months |
| U.S. - Copyright | EC | 160 | DSR 2001:II, 657 | Julio Lacarte-Muro | January 15, 2001 | 12 months |
| Canada - Autos | EC, Japan | 139,142 | DSR 2000:X, 5079 | Julio Lacarte-Muro | October 4, 2000 | 8 months |
| Canada - Pharmaceuticals | EC | 114 | DSR 2002:I, 3 | James Bacchus | August 18, 2000 | 6 months |
| Chile - Alcohol | EC | 87,110 | DSR 2000:V, 2583 | Florentino Feliciano | May 23, 2000 | 14 months, 9 days |
| Korea - Alcohol | EC, U.S. | 75,84 | DSR 1999:II, 937 | Claus-Dieter Ehlermann | June 4, 1999 | 11 months, 2 weeks |
| Australia - Salmon | Canada | 18 | DSR 1999:I, 267 | Said El-Naggar | February 23, 1999 | 8 months |
| Indonesia - Autos | EC, Japan, U.S. | 54,55,59,64 | DSR 1998:IX, 4029 | Christopher Beeby | December 7, 1998 | 12 months |
| EC - Hormones | Canada, U.S. | 26,48 | DSR 1998:V, 1833 | Julio Lacarte-Muro | May 29, 1998 | 15 months |
| EC - Bananas | Ecuador, Guatemala, Honduras, Mexico, U.S. | 27 | DSR 1998:I, 3 | Said El-Naggar | January 7, 1998 | 15 months, 1 week |
| Japan - Alcohol | Canada, EC, U.S. | 8,10,11 | DSR 1997:I, 3 | Julio Lacarte-Muro | February 14, 1997 | 15 months |
DSU Article 21.3 provides:
At a DSB meeting held within 30 days11 after the date of adoption of the panel or Appellate Body report, the Member concerned shall inform the DSB of its intentions in respect of implementation of the recommendations and rulings of the DSB. If it is impracticable to comply immediately with the recommendations and rulings, the Member concerned shall have a reasonable period of time in which to do so. The reasonable period of time shall be:
(a) the period of time proposed by the Member concerned, provided that such period is approved by the DSB; or, in the absence of such approval,
(b) a period of time mutually agreed by the parties to the dispute within 45 days after the date of adoption of the recommendations and rulings; or, in the absence of such agreement,
(c) a period of time determined through binding arbitration within 90 days after the date of adoption of the recommendations and rulings.12 In such arbitration, a guideline for the arbitrator13 should be that the reasonable period of time to implement panel or Appellate Body recommendations should not exceed 15 months from the date of adoption of a panel or Appellate Body report. However, that time may be shorter or longer, depending upon the particular circumstances.
11 If a meeting of the DSB is not scheduled during this period, such a meeting of the DSB shall be held for this purpose.
12 If the parties cannot agree on an arbitrator within ten days after referring the matter to arbitration, the arbitrator shall be appointed by the Director-General within ten days, after consulting the parties.
13 The expression "arbitrator" shall be interpreted as referring either to an individual or a group.