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WTO Dispute Settlement Mechanism(3)/刘成伟(52)
The Panel therefore concludes that nothing in the DSU authorises this Panel to restrict the right of third parties to only receive the ‘first’ submissions made on 4 May 2001, and to withhold from the third parties the rebuttal submissions due for 25 May 2001 (i.e. before the first meeting of the panel on 29-31 May 2001). The Panel decides that, pursuant to Article 10.3 of the DSU, third parties have the right to receive all written submissions ‘to the first meeting’, including rebuttal submissions made before that first meeting. Accordingly, the Panel replaces the current sentence in paragraph 8 of its Working Procedures (‘Third parties shall receive copies of the parties' first written submissions’) by the text in Article 10.3 of the DSU: ‘Third parties shall receive the submissions of the parties to the dispute to the first meeting of the panel’. The Panel notes that, pursuant to Article 12.1 of the DSU and paragraph 14 of its Working Procedures, the Panel can amend the Working Procedures after consulting the parties. The Panel considers that, having invited and received comments by the parties regarding the European Communities' request, it has duly consulted with them.”


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