European Communities – Export Subsidies on Sugar Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (WT/DS265, WT/DS266, WT/DS283) Award of the Arbitrator

Summary

INTRODUCTION

On 19 May 2005, the Dispute Settlement Body (the “DSB”) adopted the Appellate Body Report and the Panel Report, as modified by the Appellate Body Report, in European Communities – Export Subsidies on Sugar. At the meeting of the DSB held on 13 June 2005, the European Communities stated that it intended to comply with the recommendations and rulings of the DSB in this dispute, and that it would need a reasonable period of time in which to do so.

On 9 August 2005, Australia, Brazil and Thailand (the “Complaining Parties”) informed the DSB that consultations with the European Communities had not resulted in an agreement on the reasonable period of time for implementation. The Complaining Parties therefore requested that such period be determined through binding arbitration, pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”).

On 30 August 2005, the Complaining Parties and the European Communities requested me to act as Arbitrator, pursuant to Article 21.3(c) of the DSU, to determine the reasonable period of time for implementation of the recommendations and rulings of the DSB in this dispute. I accepted the appointment on 5 September 2005, and undertook to issue my award no later than 1 November 2005, the period of time that had been agreed between the parties.

In a letter to me dated 6 September 2005, the European Communities made certain requests concerning the sequencing in the filing of submissions by the parties; allocation of time for the opening statement of the European Communities at the oral hearing; and the date of circulation of the arbitral award. By a letter dated 7 September 2005, Australia, Brazil and Thailand were invited to submit their views on the European Communities’ requests, which views I received on 12 September 2005. I responded to these requests in a letter dated 13 September 2005, in which I undertook to issue my award no later than 28 October 2005.

The 90 day period following adoption of the Panel and Appellate Body Reports has expired on 17 August 2005.