* [Reproduced from Multilateral Trade Negotiations (The Uruguay Round) Document MTN/FA, Part II, Annex II, of December 15, 1993 and MTN/FA/Corr. 1 of December 15, 1993. MTN/FA/Corr. 1 of December 15, 1993, states: “Pursuant to agreement reached on December 15 1993 among the participants in the Uruguay Round negotiations, all references to the 'Multilateral Trade Organizations', or to its abbreviated form 'MTO', should be replaced throughout the Final Act and all its Annexes by the Wording 'World Trade Organization' or 'WTO', respectively.” The Understanding on Rules and Procedures Governing the Settlement of Disputes is annexes to the Agreement Establishing the World Trade Organization which is itself annexed to the Final Act of the Multilateral Trade Negotiations (The Uruguay Round).

[The Final Act of the Multilateral Trade Negotiations (The Uruguay Round), together with Introductory Note, appears at 33 I.L.M. 1 (1994). Other documents annexed to the Final Act which are reproduced in this issue of International Legal Materials are: the Agreement Establishing the Multilateral Trade Organization [World Trade Organization] which appears at 33 I.L.M. 13 (1994); the General Agreement on Tariffs and Trade 1994 and the Uruguay Round Protocol GATT 1994, included under the Agreements on Trade in Goods, which appear at 33 I.L.M. 28 (1994); the Agreement on Trade in Services which appears at 33 I.L.M. 44 (1994); the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods which appears at 33 I.L.M. 81 (1994); and various Ministerial Decisions and Declarations which appear at 33 I.L.M. 136 (1994). Items not reproduced in this issue are so indicated, see 33 I.L.M. 10, 11, 26 and 27 (1994).]

1 The Dispute Settlement Body shall be deemed to have decided by consensus on a matter submitted for its consideration, if no Member, present at the meeting of the Dispute Settlement Body when the decision is taken, formally objects to the proposed decision.

2 This paragraph shall also be applied to disputes on which panel reports have not been adopted or fully implemented.

3 Where the provisions of any other covered agreement concerning measures taken by regional or local governments or authorities within die territory of a Member contain provisions different from die provisions of this paragraph, the provisions of such other covered agreement shall prevail.

4 The corresponding consultations provisions in the covered agreements are listed hereunder: Agreement on Rules of Origin, Article 7; Agreement on Preshipment Inspection, Article 7; Agreement on Implementation of Article VI of the GATT, Article 18.6; Agreement on Technical Barriers to Trade, Article 14.1; Agreement on Import Licensing Procedures, Article 6; Agreement on Subsidies and Countervailing Measures, Articles 13 and 30; Agreement on Agriculture, Article 18.1, and Part C, Agreement on Sanitary and Phytosanitary Measures, paragraph 35; Trade-Related Aspects of Investment Measures, Article 8; Agreement on Textiles and Clothing Article 8.4; Agreement on Trade-Related Aspects of Intellectual Property Rights, including Trade in Counterfeit Goods, Article 64; Agreement on Trade in Civil Aircraft Article 8.8; Agreement on Government Procurement, Article VII:3: International Diary Arrangement, Article VIII:7; Arrangement Regarding Bovine Meat, Article VI:6.

5 If the complaining party so requests, a meeting of the Dispute Settlement Body shall be convened for this purpose within fifteen days of the request, provided that at least ten days’ advance notice of the meeting is given.

6 In the case where customs unions or common markets are parties to a dispute, this provision applies to citizens of all member countries of the customs unions or common markets.

7 With respect to disputes arising under covered agreements contained in Annex 4 to the MTO Agreement, the term “Member” as used herein shall refer only to those Members that are parties to the relevant Annex 4 Agreements. Where the DSB administers the dispute settlement provisions of a covered agreement contained in Annex 4, only those Members that are parties to that agreement may participate in decisions or actions taken by the DSB with respect to that dispute.

8 If a meeting of the DSB is not scheduled within this period at a time that enables the requirements of paragraphs 16.1 and 16.4 to be met, a meeting of the DSB shall be held for this purpose.

9 If a meeting of the DSB is not scheduled during this period, such a meeting of the DSB shall be held for this purpose.

10 The “Member concerned” is the party to the dispute to which the panel or Appellate Body recommendations are directed.

11 With respect to recommendations in cases not involving a violation of the GATT and any other covered agreement,see section 26

12 If a meeting of the DSB in not scheduled during this period,such a meeting of the DSB shall be held for this purpose.

13 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.

14 The expression “arbitrator” shall be interpreted as referring either to an individual or a group.

15 The list in document MTN.GNS/W/120 identifies eleven sectors.

16 The expression “arbitrator” shall be interpreted as referring either to an individual or a group.

17 The expression “arbitrator” shall be interpreted as referring either to an individual or a group or to the members of the original panel when serving in the capacity of arbitrator.

18 Where the provisions of any covered agreement concerning measures taken by regional or local governments or authorities within the territory of a Member contain provisions different from the provisions of this paragraph,the provisions of such covered agreement shall prevail.