Claus-Dieter Ehlermann, the Arbitrator appointed by the World Trade Organization, to determine a "reasonable time period for implementation" of recommendations and rulings of the WTO's Dispute Settlement Body (DSB) in Antigua and Barbuda's Internet gaming case against the United States (United States-Measures Affecting the Cross-Border Supply of Gambling and Betting Services) issued an award on Friday that was in favour with Antigua and Barbuda's request for the shortest possible time period.

"I am pleased to see that the Arbitrator has decided in favour of our cogent arguments that the shortest possible time period be given to the US to implement the recommendations," said the Honourable Dr. Errol Cort, Antigua and Barbuda's Minister of Finance and the Economy, who has overall responsibility for this issue.

"We believe that in his decision to grant the US a time period of eleven months and two weeks (11 months and 2 weeks) from the date of the adoption of the WTO's Appellate Body Report, or approximately eight months (8 months), from today's date, the Arbitrator has sent a clear message to the US that it is expected to comply fully with the recommendations and rulings of the DSB, and to do so within a clearly defined timeframe" he added.

The Minister added that he now hoped that those who had previously sought to either dismissed or minimized Antigua and Barbuda's decisive victory in this case, would now understand fully the import of the DSB's recommendations and rulings. "We have prevailed at every stage in this endeavour, and given the importance of Internet gaming to our economy, we will, as Prime Minister has repeatedly emphasized, "stay the course,"" he said.

"I would like to thank our team of Dr. John W. Ashe, our Ambassador to the WTO, and Mr. Mark Mendel, our Legal Adviser, for the yeoman job they did in persuasively presenting our arguments to the Arbitrator at the hearing last month," said the Minister.

"I am pleased that the Arbitrator was not persuaded by the US' request that it will need a minimum of fifteen (15) months to implement the recommendations and rulings of the DSB in this dispute," said Ambassador

Ashe. "Had this request been granted, the US would have had until the end of July 2006, instead of 3 April 2006, to implement the recommendations," he added.

"Ideally, we would have preferred even a shorted time frame," said Mark Mendel, Antigua and Barbuda's Legal Adviser. "For us, even a period of one month is too long. Under the circumstances, however, we are very pleased with the outcome," he added.

"At the end of day, in this case, April 3, 2006, we hope that the US will present to the Appellate Body, a comprehensive plan on how it intends to grant full market access to our gaming operators," said Ms. Kaye MacDonald, Director of Gaming of the Directorate of Offshore Gaming. "Before anyone forgets, this after all, is the primary reason we brought the case to the WTO in the first place," she added.

Antigua and Barbuda's delegation to the WTO will now have to ensure that the US regularly informs the meetings of the DSB on steps it is taking, to implement the recommendations and rulings of the Appellate Body.

Editors note: The Arbitrators report and other documents pertaining to Antigua and Barbuda's case in the WTO against the United States can be found at the following links:

ARBITRATOR ISSUES AWARD IN GAMBLING DISPUTE A WTO Arbitrator, on 19 August 2005, issued an award on the reasonable period of time for implementation of the recommendations and rulings of the DSB regarding the complaint by Antigua and Barbuda against the United States in the dispute "United States - Measures Affecting the Cross-Border Supply of Gambling and Betting Services" (WT/DS285/13).

Download:

The report in Word format:
http://www.wto.org/english/tratop_e/dispu_e/285arb_13_e.doc

The report in pdf format:
http://www.wto.org/english/tratop_e/dispu_e/285arb_13_e.pdf

Summary of the dispute DS285:
http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds285_e.htm

More on Dispute Settlement:
http://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm

More on the Appellate Body:
http://www.wto.org/english/tratop_e/dispu_e/appellate_body_e.htm