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WTO Dispute Settlement Mechanism(3)/刘成伟(4)
The Appellate Body confirms panels’ rulings in this respect. For example, the Appellate Body stresses those benefits afforded by consultations to the dispute settlement system in Mexico-HFCS(DS132)(21.5)as: “[…] Through consultations, parties exchange information, assess the strengths and weaknesses of their respective cases, narrow the scope of the differences between them and, in many cases, reach a mutually agreed solution in accordance with the explicit preference expressed in Article 3.7 of the DSU. Moreover, even where no such agreed solution is reached, consultations provide the parties an opportunity to define and delimit the scope of the dispute between them. Clearly, consultations afford many benefits to complaining and responding parties, as well as to third parties and to the dispute settlement system as a whole.”3

II Issues Concerning the “adequacy” of Consultations
As noted above, the procedures for consultations remain a mandatory first step in the dispute settlement process under the WTO. However, does it mean that there is a requirement for the adequacy of consultations before initiating a panel proceeding?


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