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WTO and USA
World Trade
Organization |
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WT/DS285/3
26 August 2003 |
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(03-4429) |
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united states – measures affecting the cross-border supply
of gambling and betting services
Constitution of the Panel Established at the Request of Antigua and Barbuda
Note by the Secretariat
1. At its meeting on 21 July 2003, the Dispute Settlement Body (DSB) established a Panel pursuant to the request of Antigua and Barbuda in document WT/DS285/2, in accordance with Article 6 of the Dispute Settlement Understanding.
2. 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."
3. On 15 August 2003, Antigua and Barbuda 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 additional rules or procedures of the covered agreement or covered agreements which are at issue in the dispute, after consulting with the parties to the dispute. The Chairman of the DSB shall inform the Members of the composition of the panel thus formed no later than 10 days after the date the Chairman receives such a request."
4. On 25 August 2003, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. B.K. Zutshi
Members: Mr. Virachai Plasai
Mr. Richard Plender
5. Canada, the European Communities, Japan, Mexico and Chinese Taipei have reserved their rights to participate in the Panel proceedings as a third party.
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