United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services - Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (WT/DS285) Award of the Arbitrator

Summary

INTRODUCTION

On 20 April 2005, the Dispute Settlement Body (the “DSB”) adopted the Appellate Body Report and the Panel Report, as modified by the Appellate Body Report, in United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services. At the DSB meeting of 19 May 2005, the United States indicated its intention to implement the recommendations and rulings of the DSB in this dispute and stated that it would require a reasonable period of time in which to do so.

On 6 June 2005, Antigua and Barbuda (“Antigua”) informed the DSB that consultations with the United States had not resulted in an agreement on the reasonable period of time for implementation. Antigua therefore requested that such period be determined by binding arbitration, pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”).

Antigua and the United States were unable to agree on an arbitrator within 10 days of the matter being referred to arbitration. Therefore, by letter dated 17 June 2005, Antigua requested that the Director-General appoint an arbitrator pursuant to footnote 12 to Article 21.3(c) of the DSU. The Director- General appointed me as arbitrator on 30 June 2005, after consulting the parties. I informed the parties of my acceptance of the appointment by letter dated 30 June 2005.

Antigua and the United States have agreed that this award will be deemed to be an arbitration award under Article 21.3(c) of the DSU, notwithstanding the expiry of the 90 day period stipulated in Article 21.3(c).

Antigua and the United States provided their written submissions to me on 12 July 2005. On 20 July 2005 I requested the United States, by letter, to provide me with a copy of the 2006 schedules for the House of Representatives and the Senate. An oral hearing was held on 21 July 2005. At the outset of that hearing, the United States informed me that the 2006 schedules for the United States Congress are not yet available, but that the recess periods in 2006 were likely to be similar to those in the 2005 schedules. On 22 July 2005, in response to a question posed at the oral hearing, the United States informed me by letter that there is currently one bill under consideration by the United States Congress related to the subject of internet gambling.