  
  
WT/DS581/9  
 
29 October 2019  
(19-7226) Page: 1/1 
    
 
INDIA – MEASURES CON CERNING SUGAR AND SU GARCANE  
CONSTITUTION OF THE PANEL ESTABLISHED AT  THE REQUEST OF GUATEMALA  
NOTE BY THE SECRETAR IAT 
1. At its meeting on 15 August 2019 , the Dispute Settlement Body (DSB ) established a panel 
pursuant to the request of Guatemala  in document WT/DS581/8 , in accordance with Article  6 of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) . 
 
2. The Panel's terms of reference are the following:  
 
To examine, in the light of the relevant provisions of the covered agreements cited by 
the parties to the dispute, the matter referred to the DSB by Guatemala  in document 
WT/DS 581/8 and to make such findings as will assist the DSB in making the 
recommendat ions or in giving the rulings pr ovided for in those agreements.  
3. On 16 October 2019 , Guatemala  requested that the Director -General  determine the 
composition of the panel, pursuant to Article 8 .7 of the DSU.  This paragraph provides:  
 
If there is no agree ment on the panelists within 20 days after the date of the 
establishment of a panel, at the request of either party, the Director -General, in 
consultation with the Chairman of the DSB and the Chairman of the relevant Council or 
Committee, shall determine t he composition of the panel by appointing the panelists 
whom the Director -General considers most appropriate in accordance with any relevant 
special or additional rules or procedures of the covered agreement or covered 
agreements which are at issue in the dispute, after consulting with the parties to the 
dispute.  The Chairman of the DSB shall inform the Members of the composition of the 
panel thus formed no later than 10 days after the date the Ch airman receives such a 
request.  
4. On 28 October 2019 , the D irector -General accordingly composed the Panel as follows:  
 
 Chairperson :  Mr Thomas COTTIER  
 
 Members:   Ms Gerda VAN DIJK 
    Mr Roberto ZAPATA BARRADAS  
 
5. Australia, Brazil, Canada, China, Colombia, Costa Rica, El Salvador, the European Union , 
Honduras, Indonesia, Japan, Panama, the Russian Federation, Thailand , and the United States have 
reserved their rights to participate in the Panel proceedings as third  parties.  
 
 
 
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