WTO and RTA Dispute Settlement and Compliance

EXPERTISE

Key Contacts

Greg Tereposky

Partner

613-237-1210 gtereposky@tradeisds.com

Daniel Hohnstein

Partner

613-237-9005 dhohnstein@tradeisds.com

Dispute Settlement and Compliance under the WTO and Regional Trade Agreements

Tereposky & DeRose is globally recognized as a leading law firm in dispute settlement under the World Trade Organization (WTO) and Regional Trade Agreements (RTAs).

Our lawyers are some of the most experienced private sector trade lawyers in the world. We regularly appear in WTO disputes before panels, arbitrators, and the Appellate Body prior to its suspension in December 2019. We also act as counsel in state-to-state disputes under RTAs.

Greg Tereposky was a panelist in the WTO dispute European Union – Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia (DS442) and was appointed as a panelist under NAFTA Article 1904 in USA-CDA-2017-1904-02 (Softwood Lumber CVD).

Our specialized knowledge and expertise enable us to develop sophisticated approaches when representing our clients’ interests. We know how to balance legal arguments with policy considerations, and we fully understand that, from a government’s perspective, “how you win” a dispute can be more important than simply winning the dispute.

Our legal services cover all stages of dispute settlement, from pre-initiation analysis, preparation and consultations, through to formal dispute settlement procedures (initiation, panel, appeal, compliance panel and appeal, countermeasures and arbitration), and the final implementation of recommendations and rulings of the WTO Dispute Settlement Body and retaliation. Our lawyers have represented complainants, respondents, and third parties alike.

We also assist domestic investigating authorities to ensure WTO compliance and shield determinations from challenge.

Representative Work

Tereposky & DeRose’s lawyers have appeared as counsel in numerous WTO disputes, including:

China - Anti-Dumping and Countervailing Measures on Wine from Australia (DS602) (panel)
China - Anti-Dumping and Countervailing Duty Measures on Barley from Australia (DS598) (panel)
Australia - Anti-Dumping Measures on A4 Copy Paper (DS529) (panel)
United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (DS381) (panel, appeal, Article 21.5 compliance panel, compliance appeal, Article 22.6 countermeasures arbitration, second Article 21.5 compliance panel, second compliance appeal)
United States – Certain Country of Origin Labelling (DS384, DS386) (panel, appeal, Article 21.5 compliance panel, compliance appeal, Article 22.6 countermeasures arbitration)
United States – Measures Affecting the Production and Sale of Clove Cigarettes (DS406) (appeal)
United States – Final Anti-Dumping Measures on Stainless Steel from Mexico (DS344) (panel, appeal, Article 21.3(c) arbitration, Article 21.5 compliance panel)
Mexico – Tax Measures on Soft Drinks and Other Beverages (DS308) (panel, appeal)
United States – Investigation of the International Trade Commission in Softwood Lumber from Canada (DS277) (panel)
Mexico – Measures Affecting Telecommunications Services (DS204) (panel)
United States – Continued Dumping and Subsidy Act (DS217, DS234) (panel)

Without appearing as counsel, our lawyers have assisted governments and industries (as industry-government liaison counsel) in preparing legal analyses, evidence and submissions, and developing strategies, in several disputes, including:

Canada – Measures Affecting the Export of Civilian Aircraft (DS70)
Canada – Export Credits and Loan Guarantees for Regional Aircraft (DS222)
Brazil – Export Financing Programme for Aircraft (DS46)
Canada – Certain Measures Affecting the Automotive Industry (DS139)
United States – Softwood Lumber II (GATT, Subsidies Code)

Our lawyers have drafted submissions and/or advised on specific matters, including:

Canada - Continued Suspension of Obligations in the EC-Hormones Dispute (DS321)
Canada – Measures Relating to the Feed-in Tariff Program (DS426)
Canada – Provisional Anti-Dumping and Countervailing Duties on Grain Corn from the United States (DS338)
China – Grants, Loans and Other Incentives (DS388)
China – Certain Measures Granting Refunds, Reductions or Exemptions from Taxes and Other Payments (MEX) (DS359)
China – Grants, Loans and Other Incentives (DS390)
China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights (DS362)
Costa Rica - Measures Concerning the Importation of Fresh Avocados from Mexico (DS524)
European Union – Energy Package (DS476)
European Communities – Measures Prohibiting the Importation and Marketing of Seal Products (DS400, DS401)
European Communities – Export Subsidies on Sugar (DS265, DS266, DS283)
European Communities – Measures Affecting Asbestos and Asbestos-Containing Products (DS135)
European Communities - Measures Affecting the Approval and Marketing of Biotech Products (DS291, DS292, DS293)
European Communities - Measures Concerning Meat and Meat Products (Hormones) (DS26, DS48)
Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup (HFCS) from the United States (DS101, DS132)
United States – Laws, Regulations and Methodology for Calculating Dumping Margins (“Zeroing”) (DS294)
United States – Measures Relating to Zeroing and Sunset Reviews (DS322)
United States – Measures Treating Export Restraints as Subsidies (DS194)
United States – The Cuban Liberty and Democratic Solidarity Act (DS38)

With respect to RTAs, our lawyers have:

Acted as counsel in state-to-state dispute settlement matters in RTAs, specifically those brought under NAFTA Chapter Twenty:
- Tariffs Applied by Canada to Certain U.S. Origin Agricultural Products (CDA-USA-1995-2008-01)
- Broom Corn Brooms (USA-MEX-1997-2008-01)
- Cross-Border Trucking Services (USA-MEX-1998-2008-01)

Appeared as counsel before binational panels under NAFTA Chapter Nineteen:
- Refined Sugar (AD) (CDA-95-1904-04)
- Flat Coated Steel (AD) (MEX-USA-1994-1904-01)
- Cut-to-Length Plate (AD) (MEX-USA-1994-1904-02)

Filed submissions on behalf of exporter in a binational panel under the Canada-US FTA Chapter Nineteen:
- Canada – Gypsum (AD) (CUSFTA) (CDA-92-1904-01)
Prepared submissions in the NAFTA binational panel review in Certain Malt Beverages from the United States of America (Injury) (CDA-95-1904-01)