United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services (WT/DS285): Report of the Panel

Summary

INTRODUCTION

In a communication dated 13 March 2003, Antigua and Barbuda (hereinafter also “Antigua”) requested consultations with the United States, pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article XXIII of the General Agreement on Trade in Services (GATS) regarding measures applied by central, regional and local authorities in the United States of America that affected the cross-border supply of gambling and betting services. Antigua attached to its communication an Annex listing US Federal and State measures whose cumulative impact resulted, according to Antigua, in making unlawful the supply of gambling and betting services on a cross-border basis. In a communication dated 1 April 2003, Antigua issued a communication containing a corrected Annex aiming at clarifying “some of the references to the US legislation” which were contained in the original Annex.

Antigua and the United States held consultations on 30 April 2003, but these consultations did not resolve the dispute. Consequently, in a communication dated 12 June 2003, Antigua requested the DSB to establish a Panel. At its meeting on 21 July 2003, the DSB established a Panel pursuant to the request of Antigua in document WT/DS285/2, in accordance with Article 6 of the Dispute Settlement Understanding. At that meeting, the parties to the dispute agreed that the Panel should have standard terms of reference. The terms of reference are, therefore, the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by Antigua and Barbuda in document WT/DS285/2, the matter referred to the DSB by Antigua and Barbuda in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”

On 15 August 2003, Antigua requested the Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:

“If there is no agreement on the panelists within 20 days after the date of the establishment of a panel, at the request of either party, the Director-General, in consultation with the Chairman of the DSB and the Chairman of the relevant Council or Committee, shall determine the composition of the panel by appointing the panelists whom the Director-General considers most appropriate in accordance with any relevant special or