WTO Dispute Settlement Mechanism(3)/刘成伟(58)
For these reasons, we believe that Article 10.3 requires that third parties be provided with all of the submissions made by the parties up to the time of the first panel meeting in which the third parties participate - whether that meeting is the first of two panel meetings, or the first and only panel meeting. Read in this way, Article 10.3 has the same meaning, and can be applied in the same way, regardless of the number of panel meetings that are held in a particular case.
We, therefore, find that, in its decision refusing the European Communities' request to modify Rule 9 of the Panel's Working Procedures, the Panel erred in its interpretation of Article 10.3 of the DSU.”
III Extended Third Party Rights: Exercise of Panels’ Discretion
As ruled by the Appellate Body in US-Tax Treatment (DS108)（21.5）, “[i]n respect of the provisions of the DSU governing third party rights, we have already observed that, as the DSU currently stands, the rights of third parties in panel proceedings are limited to the rights granted under Article 10 and Appendix 3 to the DSU. Beyond those minimum guarantees, panels enjoy a discretion to grant additional participatory rights to third parties in particular cases, as long as such ‘enhanced’ rights are consistent with the provisions of the DSU and the principles of due process”. However, “panels have no discretion to circumscribe the rights guaranteed to third parties by the provisions of the DSU.”3 And as to be shown below, panel practice demonstrates that only in exceptional circumstances have third parties received such extended third party rights.
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