Book contents
- Frontmatter
- Contents
- Foreword
- Volume 1
- Volume 2
- Agreement on Subsidies and Countervailing Measures
- Agreement on Safeguards
- General Agreement on Trade in Services
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Understanding on Rules and Procedures Governing the Settlement of Disputes
- Trade Policy Review Mechanism
- Agreement on Trade in Civil Aircraft
- Agreement on Government Procurement
- GATT Disputes
- WTO Disputes
- Index by Subject
- Index by Case
- References
Understanding on Rules and Procedures Governing the Settlement of Disputes
from Volume 2
Published online by Cambridge University Press: 04 August 2017
- Frontmatter
- Contents
- Foreword
- Volume 1
- Volume 2
- Agreement on Subsidies and Countervailing Measures
- Agreement on Safeguards
- General Agreement on Trade in Services
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Understanding on Rules and Procedures Governing the Settlement of Disputes
- Trade Policy Review Mechanism
- Agreement on Trade in Civil Aircraft
- Agreement on Government Procurement
- GATT Disputes
- WTO Disputes
- Index by Subject
- Index by Case
- References
Summary
ARTICLE 1
TEXT OF ARTICLE 1
Members hereby agree as follows:
Article 1
Coverage and Application
The rules and procedures of this Understanding shall apply to disputes brought pursuant to the consultation and dispute settlement provisions of the agreements listed in Appendix 1 to this Understanding (referred to in this Understanding as the “covered agreements”). The rules and procedures of this Understanding shall also apply to consultations and the settlement of disputes between Members concerning their rights and obligations under the provisions of the Agreement Establishing the World Trade Organization (referred to in this Understanding as the “WTO Agreement”) and of this Understanding taken in isolation or in combination with any other covered agreement.
The rules and procedures of this Understanding shall apply subject to such special or additional rules and procedures on dispute settlement contained in the covered agreements as are identified in Appendix 2 to this Understanding. To the extent that there is a difference between the rules and procedures of this Understanding and the special or additional rules and procedures set forth in Appendix 2, the special or additional rules and procedures in Appendix 2 shall prevail. In disputes involving rules and procedures under more than one covered agreement, if there is a conflict between special or additional rules and procedures of such agreements under review, and where the parties to the dispute cannot agree on rules and procedures within 20 days of the establishment of the panel, the Chairman of the Dispute Settlement Body provided for in paragraph 1 of Article 2 (referred to in this Understanding as the “DSB”), in consultation with the parties to the dispute, shall determine the rules and procedures to be followed within 10 days after a request by either Member. The Chairman shall be guided by the principle that special or additional rules and procedures should be used where possible, and the rules and procedures set out in this Understanding should be used to the extent necessary to avoid conflict.
- Type
- Chapter
- Information
- WTO Analytical IndexGuide to WTO Law and Practice, pp. 1499 - 2041Publisher: Cambridge University PressPrint publication year: 2012