Category: WTO and RTA Dispute Settlement and Compliance

On 31 July 2020, the (now 23) signatories to the World Trade Organization (WTO) Multi-Party Interim Appeal Arbitration Arrangement (MPIA) (Australia; Benin; Brazil; Canada; China; Chile; Colombia; Costa Rica; Ecuador; the European Union; Guatemala; Hong Kong, China; Iceland; Mexico; Montenegro; New Zealand; Nicaragua; Norway; Pakistan; Singapore; Switzerland; Ukraine; and Uruguay) announced the pool of 10 standing… Continue reading Pool of Ten Appeal Arbitrators Established for the WTO Multi-Party…

On 30 April 2020, 19 WTO Members issued a statement formalizing the MPIA, an interim contingency measure based on Article 25 of the DSU in order to preserve the essential principles and features of the WTO dispute settlement system which include its binding character and two levels of adjudication through an independent and impartial appellate review of… Continue reading 19 WTO Members Formalize Multi-Party Interim Appeal Arbitration Arrangement (MPIA)

On 27 March 2020, the following sixteen WTO Members issued a joint statement declaring the creation of a Multi-Party Interim Appeal Arbitration Arrangement (MPIA) for allowing appeals of panel reports in trade disputes: 1. Australia 2. Brazil 3. Canada 4. China 5. Chile 6. Colombia 7. Costa Rica 8. European Union 9. Guatemala 10. Hong Kong 11. Mexico 12.… Continue reading 16 WTO Members Establish Multi-Party Interim Appeal Arbitration Arrangement (MPIA)…

On 24th January 2020 at Davos, Switzerland, the Ministers of 16 WTO Member countries agreed to develop a multi-party interim appeal arrangement based on Article 25 of the WTO Dispute Settlement Understanding.  The countries are Australia, Brazil, Canada, China, Chile, Colombia, Costa Rica, the European Union, Guatemala, Republic of Korea, Mexico, New Zealand, Norway, Panama, Singapore, Switzerland,… Continue reading Support for the WTO Interim Appeal Arbitration Arrangement Grows to…

On 4 December 2019, the WTO dispute settlement Panel in Australia – Anti-Dumping Measures on A4 Copy Paper (DS529) released its report. This dispute concerned Australia’s measures imposing anti-dumping duties on certain exporters of A4 copy paper from Indonesia.  The central focus of the Panel was the meaning and application of the “particular market situation” provision in the… Continue reading WTO Panel Rules For First Time on the Meaning of…

On 10th December 2019, the terms of two of the three remaining members of the WTO Appellate Body expired, leaving just one member and rendering the Appellate Body unable to function. According to reports, it is expected that four of the fourteen pending appeals will be decided despite the shutdown, including: two appeals brought by Honduras… Continue reading And Then There Was One… The WTO Appellate Body Situation

On 21st October 2019, the European Union and Norway notified the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) of their agreement on an interim appeal system, in the form of a bilateral arbitration arrangement, to preserve their dispute settlement rights in the event that the WTO Appellate Body is unable to continue operating. The… Continue reading Norway Joins Canada and the European Union in Establishing an…

On 1 November 2019, the decision of the World Trade Organization (WTO) Arbitrator in United States – Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China (DS471) was released. The purpose of the arbitration was to determine the exact amount of the countermeasures that China is authorized to take against the United States, further to the Appellate Body’s findings… Continue reading WTO Arbitrator Issues Report in the China-US Dispute Concerning Certain…

On 31st October 2019, the report of the World Trade Organization (WTO) Panel in India – Export Related Measures (DS541) was released. This dispute concerned the United States’ challenge of certain alleged export subsidy measures in India under the WTO Agreement on Subsidies and Countervailing Measures (SCM Agreement). Two interesting aspects of this proceeding included: (i) the Panel’s interpretation and application… Continue reading WTO Panel Issues Report in U.S.-India Dispute Concerning Export Subsidies