Article 22.6 arbitration
Article 22.6 arbitration: a procedure available under this article of the Understanding on Rules and Procedures Governing the Settlement of Disputes. When a WTO member refuses to comply with a panel ruling, the aggrieved party can ask for a new panel to rule on whether the original panel ruling has been implemented to satisfy the WTO rules. This is the Article 21.5 panel. If there is a new adverse ruling, the parties are then supposed to enter into discussion concerning mutually acceptable compensation. If this does not lead to any agreement, the complaining party may ask for authorization from the Dispute Settlement Body to suspend concessions or other obligations no later than the expiry of the reasonable period of time (usually a maximum of 15 months from the adoption of the panel or Appellate Body report). If the member which is the target of these actions complains about their level, the matter may be referred to arbitration. Generally, the original panel will act as arbitrator, but the WTO Director-General may decide to appoint a different arbitrator. Concessions or obligations may not be suspended during the course of the arbitration. The arbitrator’s decision is final. See also suspension of concessions or other obligations.
Source: http://ctrc.sice.oas.org/trc/WTO/Documents/Dictionary%20of%20trade%20%20policy%20terms.pdf
Web site to visit: http://ctrc.sice.oas.org
Author of the text: W. Goode
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