WTO Dispute Settlement Mechanism(6)/刘成伟(36)
Also, authority to seek information is not properly equated with a prohibition on accepting information which has been submitted without having been requested by a panel. Against the context of broad authority vested in panels by the DSU, and given the object and purpose of the Panel's mandate as revealed in Art. 11 of the DSU, the word “seek” in Art. 13 should not necessarily be read in too literal a manner. In the situation for a panel to conclude inter alia that it could do so without “unduly delaying the panel process”, it could grant permission to file a statement or a brief, in the exercise of its sound discretion in a particular case, subject to such conditions as it deems appropriate, for all practical and pertinent purposes. The only express restriction on a panel's right to seek information is the Art. 13.1 obligation for a panel to “inform the authorities” of a Member before seeking information or advice from any individual or body within the jurisdiction of that Member.
Nevertheless, “[the Panel] did not consider it appropriate to seek any information before receiving at least the first written submissions of both parties. We considered that it was only on the basis of these first written submissions that we could properly determine what, if any, additional information might need to be sought”.40 Furthermore, “[the Panel] did not consider it appropriate to exercise our discretionary authority under Article 13.1 to make generalized requests for information. Instead, we only sought detailed information of relevant loans, funds, contributions, assistance etc. identified in the record. Whereas more generalized requests for information may be appropriate for bodies such as commissions of enquiry, we do not consider them appropriate for a panel acting under Article 13.1 of the DSU”. 41 “In normal circumstances, the Panel would not have sought additional information …under Article 13.1 of the DSU”. 42
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