   
  
WT/DS430/36  
 
6 November 2019  
(19-7490) Page: 1/1 
  Original: English  
 
INDIA – MEASURES CON CERNING THE IMPORTAT ION  
OF CERTAIN AGRICULTU RAL PRODUCTS  
RECOURSE TO ARTICLE 22.6 OF T HE DSU BY INDIA  
COMMUNICATION FROM T HE ARBITRATOR  
The following communication, dated 1 November 2019 , addressed to the Chairperson of the Dispute 
Settlement Body (DSB), is  circulated at the request of the Arbitrator.  
 
_______________  
 
 
Article 22.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes 
(DSU)  provides that the arbitrator shall circulate its report w ithin 60 days after the date of expiry of 
the reasonable period of time.  
 
The reasonable period of time in this dispute, as agreed between the parties1, expired on 
19 June 2016. Following the United States' request to  the DSB for authorization to suspend 
concessions or other obligations in accordan ce with Article 22.2 of the DSU2 and India's objection to 
the United States’ proposed level of suspension of concessions or other obligations3, the matter was 
referred to arbitration, as required by Article  22.6 of the DSU , on 19 July 2016.4 
 
The Arbitrator in this dispute was constituted on 29 June 2017 and comprised the three original 
panelists.5 The timetable adopted by the Arbitrator , in cons ultation with the parties, provided for an 
arbitration process parallel to the Article 21.5 proceedings in this dispute,  and envisaged the 
circulation of its Decision to the WTO membership and the general public on 23 March 2018.   
 
The Arbitrator wishes to  inform the DSB that on 17 March, 3 April, 24 April , 19 July  and 
18 October  2018, and on 16 January, 16 April, 17 July and 15 October 2019  the parties jointly 
requested the Arbitrator to postpone the issuance of its Decision until dates in April, May, July  and 
October 2018 , January, April, July and October 2019 , and January 2020,  respectively. These 
requests were made in conjunction with simultaneous requests to extend the timelines for the 
remaining steps in the parallel Article 21.5 proceedings.  
 
On 18 O ctober 2019, t he Arbitrator accepted the  parties' ninth  request  to postpone issuance of its 
Decision , and now expects to issue its Decision in January 2020 .  
 
Accordingly, the Arbitrator has been unable to comply with the time -limits provided for in Articl e 22.6 
of the DSU.  
 
I would be grateful if you would circulate this letter to the Members of the DSB.  
 
__________  
 
1 See WT/DS430/14.  
2 See WT/DS 430/16. 
3 See WT/DS430/17.  
4 See WT/DSB/M/382.  
5 See WT/DS430/23.  