Argentina - Measures Relating to Trade in Goods and Services (WT/DS453): Report of the Panel

Summary

INTRODUCTION

Complaint by Panama

On 12 December 2012, Panama requested consultations with Argentina pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article XXII of the General Agreement on Trade in Services (GATS) with respect to the measures and claims set out below.

Consultations were held in Geneva on 5 February 2013 but failed to resolve the dispute.

Panel Establishment and Composition

On 13 May 2013, Panama requested the establishment of a panel pursuant to Article 6 of the DSU, with standard terms of reference. At its meeting on 25 June 2013, the Dispute Settlement Body (DSB) established a panel pursuant to the request of Panama in document WT/DS453/4, in accordance with Article 6 of the DSU.

The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Panama in document WT/DS453/4 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 30 October 2013, Panama requested the Director-General to determine the composition of the Panel, pursuant to Article 8.7 of the DSU. On 11 November 2013, the Director-General accordingly composed the Panel as follows:

Chairperson: Mr Pierre Pettigrew

Members: Mr Gonzalo de las Casas

Mr Rodrigo Valenzuela

Australia, Brazil, China, Ecuador, the European Union, Guatemala, Honduras, India, Oman, the Kingdom of Saudi Arabia, Singapore, and the United States notified their interest in participating in the Panel proceedings as third parties.

Panel Proceedings

On 12 December 2013, after consultation with the parties, the Panel adopted its Working Procedures and timetable, which were subsequently revised on 24 March and 23 May 2014, respectively.

The Panel held a first substantive meeting with the parties on 23 and 24 September 2014. A session with the third parties took place on 24 September 2014. The Panel held a second substantive meeting with the parties on 27 and 28 January 2015. On 27 March 2015, the Panel issued the descriptive part of its Report to the parties. The Panel issued its Interim Report to the parties on 22 May 2015. The Panel issued its Final Report to the parties on 30 June 2015.