Arbitrations under article 21.3(c) of the DSU

The DSU does not specify who shall serve as an arbitrator under Article 21.3(c) of the DSU to determine the reasonable period of time for the implementation by a WTO Member of the recommendations and rulings adopted by the DSB in dispute settlement cases. The parties to the arbitration select the arbitrator by agreement or, if they cannot agree on an arbitrator, the Director-General of the WTO appoints the arbitrator. In all but three arbitration proceedings44, those who have served as arbitrators pursuant to Article 21.3(c) have been current or former Appellate Body Members. In carrying out arbitrations under Article 21.3(c), Appellate Body Members act in an individual capacity.