WTO Dispute Settlement Mechanism(6)/刘成伟(37)
To sum up, Art. 13 of the DSU makes “a grant of discretionary authority” to panels enabling them to seek information from any relevant source as they deem appropriate in a particular case. It is within the bounds of panels’discretionary authority under Arts. 11 and 13 of the DSU in deciding when, how and whether to seek information from certain source, so long as panels think it appropriate. However, the fact that a panel may motu proprio have initiated the request for information does not, by itself, bind the panel to accept and consider the information which is actually submitted.
In a word, a panel has the authority to accept or reject any information or advice which it may have sought and received, whether requested by a panel or not, or to make some other appropriate disposition thereof. It is in the panels' and the parties' interest that panels are informed as much as possible before making a ruling in the highly complex matter. It is also beneficial for the WTO dispute settlement system more generally that parties are forthcoming in submitting evidence requested by panels.
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