Research On Arbitration On Reasonable Period Of Time Of WTO Dispute Settlement Machanism

Implementing parties in WTO dispute shall promptly comply with DSB’srecommendations and rulings. However, if prompt compliance is impractical, Article21.3of DSU gives implementing parties the right to request a reasonable period oftime. If the period of time proposed by the Member is not approved by DSB, and aperiod of time is not mutually agreed by the parties, then the reasonable period of timecan be determined through binding arbitration.This article, based on the methods of text analysis and case study, first analyzesthe meaning and legal basis of prompt compliance and reasonable period of time inWTO Dispute Settlement Mechanism, then focuses on26arbitration cases underArticle21.3(c) of DSU.“Particular Circumstances” taken into account by thearbitrators are also analyzed. The article will then address the practical difficultiesthrough the summarization of all arbitration cases. Finally, combined withimplementation practice of China in WTO Dispute Settlement Mechanism, the articlewill discuss the teaching to China of the factors considered by arbitrators in thearbitration cases.According to the analysis of the arbitrators in the26arbitration cases onreasonable period of time, elements taken into account by the arbitrators include:burden of proof, methods of implementation measures, complexity of implementationmeasures, complexity of implementation process, flexibility of implementationprocess and discretion, and special concern to developing countries, etc.Since entering into WTO, China has participated in11cases as complainant and30cases as respondent. So, to implement DSB’s recommendations and rulings, and, inparticular, to seek for enough time to implement DSB’s recommendations and rulings through arbitration process is directly related to China’s vital interests. Althoughamong WTO disputes where China is a party and whehr DSB’s recommendations andrulings have been implemented, China has not had any case involving arbitration on“reasonable period of time”, China shall take precautions and seriously study thefactors in arbitration of reasonable period of time. Only in this way can China takeadvantage of this mechanism and better safeguard the interests of our country.