Vous êtes sur la page 1sur 11

1

DISPUTE SETTLEMENT
PROCESS

A central element in providing security and


predictability to the multilateral trading system in
accordance with the provision of Article 3.2 DSU.
DISPUTE SETTLEMENT IN THE WTO: AN
OVERVIEW

Overall aim:
to secure
compliance with
the Agreements

Quasi-judicial Nature
Secured access
Detailed procedures
Automaticity in the
proceedings
Deadlines
Possible appeal

Dispute Settlement in
the WTO
(Main players)

Dispute Settlement
Body (DSB)
Panel and Appellate
Body
Parties: WTO
Members
WTO Secretariat

Dispute Settlement in
the WTO
Main Procedures

C o n s u lt a t io n s
P anel

60 days
9 months

A p p e la t e B o d y

90 days

I m p le m e n t a t io n

15 months
3

Ministerial Conference

Appellate Body
Dispute Settlement Body
(General Council)

Panel
Request for Panel
by WTO Member

CONSULTATIONS: THE
REQUEST

Indicates reasons for the request:


identification of
the measures
legal basis for complaint

Notified to DSB and circulated to all Members

CONSULTATIONS: IF NOT
SUCCESSFUL
If consultations fail to resolve the matter within 60
days from receipt of request
Or if no response or no entering into consultations

A request for establishment of a


panel can be made

ESTABLISHMENT OF
PANELS
Request for
establishment:
establishment
must identify the specific
measures at issue and provide
a brief summary of the legal
basis of the problem sufficient
to present the problem clearly

Establishment
at the latest at the second DSB
meeting at which the request
is made; decided by negative
consensus

COMPOSITION OF
PANELS
Panel Composition
(Article 8 DSU)

well-qualified
government and/or nongovernmental individuals
Secretariat proposals
indicative list of panellists
nomination by DG

PANEL PROCEDURES: MAIN STEPS

Oral hearings (usually 2), on


basis of written submissions

Descriptive part of report issued


to parties

Interim review based on draft


report

Final report issued to parties

Final report circulated to all


Members

PANEL PROCEDURES: OTHERSOURCES


OF INPUT
Panels may seek
factual information from any relevant
source (Article 13 DSU)
scientific or technical advice from an
Expert review group (Appendix 4 DSU)
Requirement of confidentiality
(Article 14 DSU)

APPELLATE REVIEW
Appeals limited
to issues of
law and legal
interpretations
developed
by
the panel
Appeal
only
open to parties
to the dispute

It consists on
seven members
members
to
have
recognized
authority
and
expertise in
international
trade law
members
unaffiliated with
any government

APPELLATE PROCEDURE

APPELLATE REVIEW: REPORT AND


ADOPTION

1.

Notice of Appeal

Report of the Appellate Body:


Body

2.

Written Submissions

3.

Oral Hearing

4.

Exchange of Views

5.

Circulation of the Report

may uphold, modify or reverse the


legal findings and conclusions of
the panel (Art. 17.12 DSU)

IMPLEMENTATION: REASONABLE
PERIOD OF TIME

Determination of reasonable
period
of
time
for
time
implementation:
proposed by Member, and
approved by DSB, or
mutually agreed by the parties, or
determined through arbitration:
arbitration
guideline for the arbitrator:
15 months from the date of
adoption (Article 21.3 DSU)

IMPLEMENTATION: SURVEILLANCE

Surveillance by the DSB


Status
reports
on
implementation
Temporary measures
If Member fails to bring
measure into conformity
within reasonable period of
time, possibility
compensation or
suspension
of
concessions
(retaliation)

10

THANK
S
11