WTO Dispute Settlement Mechanism(3)/刘成伟(10)
As noted in Chapter I, the quasi-automatic adoption of dispute settlement reports is a new crucial feature of the WTO dispute settlement mechanism. In practice, there is few, if no, occasions denying the establishment of a panel, because according to Art. 6.1 of the DSU, “[i]f the complaining party so requests, a panel shall be established”; and it’s hardly the case that “the DSB decides by consensus not to establish a panel”.
As ruled by the Appellate Body in EC-Bananas (DS27), “a panel request will usually be approved automatically at the DSB meeting following the meeting at which the request first appears on the DSB's agenda”. For this reason, the Appellate Body rules in the same case that, “[a]s a panel request is normally not subjected to detailed scrutiny by the DSB, it is incumbent upon a panel to examine the request for the establishment of the panel very carefully to ensure its compliance with both the letter and the spirit of Article 6.2 of the DSU. It is important that a panel request be sufficiently precise for two reasons: first, it often forms the basis for the terms of reference of the panel pursuant to Article 7 of the DSU; and, second, it informs the defending party and the third parties of the legal basis of the complaint”. 1
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