./.WORLD TRADE
ORGANIZATIONTN/DS/W/56
19 May 2003
(03-2675)
Dispute Settlement Body
Special SessionOriginal:  English
JORDAN'S FURTHER CONTRIBUTION TOWARDS THE IMPROVEMENT AND
CLARIFICATION OF THE DISPUTE SETTLEMENT UNDERSTANDING
Communication from Jordan
The following communication, dated 16 May 2003, has been received from the Permanent
Mission of the Hashemite Kingdom of Jordan.
_______________
Jordan refers to its proposals on improving and clarifying the WTO Dispute Settlement
Understanding, (TN/DS/W/43 and TN/DS/W/53), and would like to include, as specified herein, arevised legal text on the issue of "remand authority and its procedures" taking into consideration our
discussions with the proponents in addition to the comments and suggestions which we have received
from Members during our negotiations and discussions at the Dispute Settlement Body in its Special
Session.
• We refer to item X of the Jordanian proposal and hereby replace the legal text that has been
previously suggested in respect of amending paragraph (12) of Article (17) of the DSU, to
include the remand authority, with the following:
"In so far as the report of the panel or compliance panel does not contain sufficient
factual findings or undisputed facts on the record so as to enable the Appellate Body to
resolve the dispute, or any part thereof, the Appellate Body shall explain in detail in its
report the specific insufficiencies of the panel or compliance panel report in order to
allow any party to the dispute to request a remand of the matter, or part thereof, to theoriginal panel.  The Appellate Body shall also state the necessary findings of law and
other directions so as to enable the panel to fully perform its task.  Any party to the
dispute can request the remand to the original  Panel within 10 days from the adoption of
the Appellate Body report by the DSB."
• We refer to item X of the Jordanian proposal and hereby replace the legal text that has been
previously suggested in respect of adding Article 17bis to the DSU, to include the remand
procedure, with the following:TN/DS/W/56
Page 2
"Article 17bis – Remand Procedure
The following special procedures shall apply for the remand procedure:
1. When, following the adoption by the DSB of the Appellate Body report under
paragraph 12 of Article 17, a remand is requested, the DSB shall establish the panel, consisting
of the members of the original panel1 , within five days after the request has been forwarded to
the Chair of the DSB.
2. The terms of reference of the remand panel established under this paragraph shall be:
"To examine, in the light of the relevant prov isions in (name of the covered agreement(s)
cited by the parties to the dispute), the matter referred to the DSB under paragraph 12
of Article 17 in document … and to make su ch findings, in accord ance with the findings
of law and guidelines set by the Appellate Body under that provision, as will assist the
DSB in making the recommendations or in giving the rulings provided in that/those
agreement(s)".
3. The remand panel shall circulate its report to the Members within 90 days from the
request.  When the panel considers that it cannot issue its report within such time-frame, it shall
inform the DSB in writing of the reasons for th e delay together with an estimate of the period
within which it will issue its rep ort. In no case should the period from the establishment of the
remand panel to the circulation of the report to the Members exceed six months.
4. On or after the date of circulation of th e report of the remand panel, any party to the
remand panel proceeding may request a meeting of the DSB to adopt the report, and the DSBshall meet 10 days after such a request unless the party requesting the meeting requests that the
meeting be held at a later date.  At that me eting, the remand panel report shall be adopted by
the DSB and unconditionally accepted by the parties to the remand panel proceeding unless a
party to the remand panel proceeding formally notifies the DSB of its decision to appeal or the
DSB decides by consensus not to adopt the report .  This adoption procedure is without prejudice
to the right of Members to express their views on a remand panel report.
5. In case the report of the remand panel is appealed, the Appellate Body proceedings, as
well as the adoption of the Appellate Body report, shall be conducted in accordance with
Article 17."
__________
                                                     
1 If any member of the original panel is not available, a replacement shall be appointed by the Director General
within five days after the date of establishment of the panel from the indicative list of panelists provided for in Article 8.