WTO Dispute Settlement Mechanism(3)/刘成伟(14)
II Indication of Consultations Process
In its second element, Art. 6.2 of the DSU requires that the panel request must “indicate whether consultations were held”. In this connection, the Appellate Body rules in Mexico-HFCS（DS132）（21.5）that:9
“[…] The phrase ‘whether consultations were held’ shows that this requirement in Article 6.2 may be satisfied by an express statement that no consultations were held. In other words, Article 6.2 also envisages the possibility that a panel may be validly established without being preceded by consultations.
Thus, the DSU explicitly recognizes circumstances where the absence of consultations would not deprive the panel of its authority to consider the matter referred to it by the DSB. In our view, it follows that where the responding party does not object, explicitly and in a timely manner, to the failure of the complaining party to request or engage in consultations, the responding party may be deemed to have consented to the lack of consultations and, thereby, to have relinquished whatever right to consult it may have had. ”
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