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from Japan – Countervailing Duties on Dynamic Random Access Memories from Korea – Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (WT/DS336)
Published online by Cambridge University Press: 13 December 2017
INTRODUCTION
1. On 17 December 2007, the Dispute Settlement Body (the “DSB”) adopted the Appellate Body Report and the Panel Report, as modified by the Appellate Body Report, in Japan – Countervailing Duties on Dynamic Random Access Memories from Korea. At the meeting of the DSB held on 15 January 2008, Japan stated that it intended to comply with the recommendations and rulings of the DSB in this dispute, and that it would need a reasonable period of time in which to do so.
2. On 25 February 2008, Korea informed the DSB that consultations with Japan had not resulted in agreement on the reasonable period of time for implementation. Korea therefore requested that such period be determined through binding arbitration, pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”).
3. By joint letter of 4 March 2008, Korea and Japan requested me to act as Arbitrator, pursuant to Article 21.3(c) of the DSU, to determine the reasonable period of time for implementation of the recommendations and rulings of the DSB in this dispute. As the 90-day period following adoption of the Panel and Appellate Body Reports was to expire on 17 March 2008, the parties, in their joint letter, confirmed that an award of the arbitrator issued no later than 60 days after the date of the acceptance of the appointment by the arbitrator will be deemed to be an award of the arbitrator for the purposes of Article 21.3(c).
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