   
  
WT/DS548/19  
 
21 January 2022  
(22-0430) Page: 1/2 
  Original: English  
 
 
UNITED STATES – CERTAIN MEASURES ON STEEL  AND ALUMINIUM PRODUCTS  
RECOURSE TO ARTICLE 25 OF THE DSU  
The following communication, dated 17 January 2022 , from the delegation  of the United States and 
the delegation of the European Union  to the Chairperson  of the Dispute Settlement Body, is circulated 
in accordance with Article 25.2 of the DSU.  
 
_______________  
 
 
The European Union and the United States hereby notify the Dispute Settlement Body that they 
have mutually agreed pursuant to A rticle 25.2 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes  (DSU) to resort to arbitration in accordance with the provisions 
of that Article regarding the matter pending before the panel in United States – Certain Measures  
on Steel and Aluminum Products  (DS548). The parties respectfully request the Director -General to 
assist in the composition of the arbitrator as set out in the annexed agreed procedures. The parties 
also request the Director -General to provide Secretariat support as appropriate for this proceeding.  
 
Upon the composition of the arbitrator, the arbitration shall be immediately and indefinitely 
suspended, and the dispute before the panel in United States – Certain Measures on Steel and 
Aluminum Products  (DS54 8) shall be immediately terminated through withdrawal of the complaint 
and notification by the parties to the Dispute Settlement Body (DSB) pursuant to the DSU. 
Accompanying this letter is an annex containing agreed procedures for the Article 25 proceeding . 
Please circulate this letter and its annex to the Dispute Settlement Body.  
 
 
_______________  
 
  WT/DS548/19  
 
- 2 - 
 
  Annex - Agreed Procedures and Timetable for Article 25 Arbitration  
 
1. The parties recall that they have mutually agreed pursuant to Article 25.2 of the Understanding 
on Rules and Procedures Governing the Settlement of Disputes  (DSU) to resort to arbitration in 
accordance with the provisions of that Article regarding the m atter pending before the panel in 
United States – Certain Measures on Steel and Aluminum Products (DS548) (WT/DS548/14), which 
matter is incorporated into these procedures by reference.  
 
2. The arbitration proceedings shall not move forward until the arbit rator is fully composed in 
accordance with the parties ' mutually agreed procedures. The parties respectfully request that the 
Secretariat immediately contact the panelists in the panel proceeding referenced in paragraph 1 to 
determine their availability to  serve as members of the arbitrator in this proceeding, and inform the 
parties accordingly. If available, they shall be appointed to the arbitrator with effect from the date 
of the Secretariat 's letter to the parties informing them of such availability. Sh ould any individual 
panelist not be available to serve as a member of the arbitrator, the parties may agree on a 
replacement for that individual, who shall be appointed to the arbitrator by agreement of the parties 
with effect from the date on which the pa rties notify the Secretariat thereof. Should the parties not 
agree on a replacement individual, the parties respectfully request the Director -General to appoint 
a replacement within one week of a request to that effect by the complaining party.  
 
3. Once t he arbitrator is fully composed, the arbitration proceedings shall be suspended immediately 
and indefinitely. The arbitration shall remain suspended unless the complaining party notifies the 
arbitrator of the resumption of the arbitration. The complaining party may not notify such a 
resumption before 1 November 2022.  
 
4. If the arbitration resumes, the complaining party shall immediately provide the arbitrator and the 
responding party electronic copies of both parties ' submissions to the panel. Submissions shall 
include all written and oral submissions (that is, including responses to questions and comments 
thereon) as filed in writing with the panel, including exhibits.  
 
a. The parties additionally request that any other internal documents that were not available 
or not yet available to the parties in the panel proceedings be immediately transferred by 
the Secretariat from the record of the panel proceedings to the record of the arbitration 
proceedings.  
 
b. The arbitrator shall contact the third parties to the dispute before the panel in United 
States – Certain Measures on Steel and Aluminum Products (DS548) to seek their written 
consent to permit the arbitrator to receive  copies of their third -party written and oral 
submissions to the panel.  To the extent that a third party provides such consent in writing, 
the arbitrator shall communicate that consent to the parties, and the complaining party shall 
provide to the arbitrat or and the responding party electronic copies of the panel submissions 
by that third party.  
 
c. If the responding party considers that any panel submission – whether by a party or 
consenting third -party – was not submitted to the arbitrator by the complai ning party, the 
responding party shall provide the arbitrator and the complaining party electronic copies of 
that submission. Any disagreement as to whether the appropriate submissions have been 
provided to the arbitrator shall be decided by the arbitrator . 
 
5. If the arbitration resumes, the arbitrator shall resume adjudicating the matter at issue before the 
panel at the point at which the panel proceedings were terminated. The arbitration proceedings shall 
be completed following the rules, procedures and practices on panel proceedings that would have 
applied to the panel proceedings, save as otherwise expressly provided in this agreement.  
 
6. The phrase "for a period not to exceed 12 months" in Article 12.12 of the DSU shall not apply to 
these arbitration proceedings.  
 
7. The arbitrator shall develop a schedule, in consultation with the parties.  
 
 
__________  