The Timing of Panel Reports

As I discussed recently, the U.S. has raised the issue of the length of time it has been taking the Appellate Body to circulate its reports. But what about the length of time panels have been taking? DSU Articles 12.8 and 12.9 say this:

8. In order to make the procedures more efficient, the period in which the panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until the date the final report is issued to the parties to the dispute, shall, as a general rule, not exceed six months. In cases of urgency, including those relating to perishable goods, the panel shall aim to issue its report to the parties to the dispute within three months.

9. When the panel considers that it cannot issue its report within six months, or within three months in cases of urgency, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. In no case should the period from the establishment of the panel to the circulation of the report to the Members exceed nine months.

Let's look at the period of time taken by the first 10 WTO panels (for the early panels, some of the dates were not made public):

Decision Panel
Established
Panel
Composed
Days
between
Composition
and
Final
Report
to Parties
Final
Report
Issued to
Parties
Days
between
Composition
and
Final
Report
Circulated
Final
Report
Circulated
Days
between
Establishment
and
Final
Report
Circulated
EC - Bananas (Panel)(U.S.) May 08, 1996 Jun 07, 1996 326 Apr 29, 1997 349 May 22, 1997 379
EC - Bananas (Panel)(Mexico) May 08, 1996 Jun 07, 1996 326 Apr 29, 1997 349 May 22, 1997 379
EC - Bananas (Panel)(Guatemala/Honduras) May 08, 1996 Jun 07, 1996 326 Apr 29, 1997 349 May 22, 1997 379
EC - Bananas (Panel)(Ecuador) May 08, 1996 Jun 07, 1996 326 Apr 29, 1997 349 May 22, 1997 379
Canada - Periodicals (Panel) Jun 19, 1996 Jul 25, 1996 211 Feb 21, 1997 232 Mar 14, 1997 268
U.S. - Shirts and Blouses (Panel) Apr 17, 1996 Jun 27, 1996     193 Jan 06, 1997 264
U.S. - Underwear (Panel) Mar 05, 1996 Apr 19, 1996 189 Oct 25, 1996 203 Nov 08, 1996 248
Brazil - Coconut (Panel) Mar 05, 1996 Apr 16, 1996     184 Oct 17, 1996 226
Japan - Alcohol (Panel) Sep 27, 1995 Oct 30, 1995     255 Jul 11, 1996 288
U.S. - Gasoline (Panel) Apr 10, 1995 Apr 28, 1995 264 Jan 17, 1996 276 Jan 29, 1996 294

Now let's look at the last 10 panels:

Decision Panel
Established
Panel
Composed
Days
between
Composition
and
Final
Report
to Parties
Final
Report
Issued to
Parties
Days
between
Composition
and
Final
Report
Circulated
Final
Report
Circulated
Days
between
Establishment
and
Final
Report
Circulated
U.S. - Supercalendered Paper (Panel) Jul 21, 2016 Aug 31, 2016 471 Dec 15, 2017 673 Jul 05, 2018 714
Australia - Plain Packaging (Panel) Sep 25, 2013 May 05, 2014 1,239 Sep 25, 2017 1,515 Jun 28, 2018 1,737
Korea - Pneumatic Valves (Panel) Jul 04, 2016 Aug 29, 2016 451 Nov 23, 2017 591 Apr 12, 2018 647
Korea - Radionuclides (Panel) Sep 28, 2015 Feb 08, 2016 616 Oct 16, 2017 745 Feb 22, 2018 878
EU - Biodiesel (Indonesia) (Panel) Aug 31, 2015 Nov 04, 2015 722 Oct 26, 2017 813 Jan 25, 2018 878
U.S. - Coated Paper (Indonesia) (Panel) Sep 28, 2015 Feb 04, 2016 610 Oct 06, 2017 672 Dec 07, 2017 801
U.S. - OCTG (Korea) (Panel) Mar 25, 2015 Jul 13, 2015 667 May 10, 2017 855 Nov 14, 2017 965
Indonesia - Chicken (Panel) Dec 03, 2015 Mar 03, 2016 433 May 10, 2017 593 Oct 17, 2017 684
Brazil - Taxation (Panel) Dec 17, 2014 Mar 26, 2015 635 Dec 20, 2016 888 Aug 30, 2017 987
Indonesia - Iron or Steel Products (Panel) Sep 28, 2015 Dec 09, 2015 526 May 18, 2017 618 Aug 18, 2017 690

With regard to speeding up WTO dispute settlement and adhering to the DSU deadlines, where should the focus be and what improvements are possible? As I said in relation to the appellate process, perhaps the original deadlines are no longer realistic for panels. Maybe we need to extend those time-frames a bit, but then somehow force/encourage panels to comply with them.