United States – Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina - Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (WT/DS268) Award of the Arbitrator

Summary

INTRODUCTION

On 17 December 2004, 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 – Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina (“US – Oil Country Tubular Goods Sunset Reviews”). At the DSB meeting of 14 January 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 11 March 2005, Argentina informed the DSB that consultations with the United States had not resulted in an agreement on the reasonable period of time for implementation. Argentina 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”). Subsequently, on 16 March 2005, Argentina and the United States communicated to the DSB their agreement that the award of the arbitrator made within 60 days after the date of appointment of the arbitrator shall 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).

On 22 March 2005, Argentina advised the Director-General in writing that Argentina and the United States had been unable to agree on an arbitrator. Argentina therefore requested the Director-General to appoint an arbitrator pursuant to footnote 12 to Article 21.3(c) of the DSU, which provides for the Director- General to do so “within 10 days, after consulting the parties”. However, before the Director-General had completed consultations with the parties, Argentina and the United States agreed on the selection of an arbitrator and, by a joint letter dated 30 March 2005, Argentina and the United States requested me to act as the arbitrator in this matter. On 8 April 2005, I informed Argentina and the United States in writing of my acceptance of the appointment as the arbitrator and confirmed that I would issue my award no later than 7 June 2005, that is, no later than 60 days after my appointment as the arbitrator on 8 April 2005.