Common use of Countermeasures Clause in Contracts

Countermeasures. In Brazil – Aircraft (Article 22.6 - Brazil), the Arbitrator noted that the provisions that established their mandate included Article 4.11 and footnote 10 of the SCM Agreement, and Articles 22.6 and 22.7 of the DSU. The Arbitrator stated that: "The Arbitrators are aware that Article 4.10 and 11 has the status of 'special or additional rules and procedures', within the meaning of Article 1.2 of the DSU. Having considered the views expressed by the parties, we follow the practice of the Appellate Body as defined more specifically in its report on Guatemala – Anti-Dumping Investigation Regarding Portland Cement from Mexico.27"28