Dispute settlement

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the Agriculture.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the TRIMs.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the International Dairy and Bovine Meat Agreements.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the WTO Agreement.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the Trade Facilitation.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the Rules of origin.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the AR Working Procedures.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the Textiles.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the GATT 1994.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the Amended GPA (2012).

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the SPS.

“The WTO Analytical Index" is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. It covers the jurisprudence of the WTO Appellate Body panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. This publication report covers the SCM Agreement.

On 13 April 2022 the WTO circulated the panel report in the case brought by Mexico in “Costa Rica — Measures Concerning the Importation of Fresh Avocados from Mexico” (DS524).

On 13 July 2022 a WTO arbitrator issued its decision on the methodology Canada may use to fix the level of suspension of concessions or other obligations in the goods sector vis-à-vis the United States if in the future the US applies countervailing duties on Canadian goods based on a measure found to be inconsistent with WTO rules. The decision stems from the dispute proceedings in “United States — Countervailing Measures on Supercalendered Paper from Canada” (DS505).

On 8 February 2022 the WTO circulated the panel report in the case brought by the Republic of Korea in “United States — Safeguard measure on imports of large residential washers” (DS546).

On 14 December 2021 the WTO circulated the panel reports in the cases brought by Brazil Australia and Guatemala in “ India — Measures Concerning Sugar and Sugarcane” (DS579 DS580 DS581).

On 14 December 2021 the WTO circulated the panel reports in the cases brought by Brazil Australia and Guatemala in “ India — Measures Concerning Sugar and Sugarcane” (DS579 DS580 DS581).

On 2 September 2021 the WTO circulated the panel report in the case brought by China in “United States — Safeguard Measure on Imports of Crystalline Silicon Photovoltaic Products” (DS562).

This updated edition of WTO Dispute Settlement: One-Page Case Summaries has been prepared by the Legal Affairs Division of the WTO with assistance from the Rules Division and the Appellate Body Secretariat. This new edition includes all panel and Appellate Body reports adopted by the WTO Dispute Settlement Body up to 31 December 2020. It also includes a separate section with summaries for panel reports that have been circulated to WTO Members and made available on the WTO website but that have not been adopted by the DSB as they remain subject to pending appeals. Given the unfilled vacancies on the Appellate Body these appeals cannot be advanced or completed in current circumstances.

WTO Dispute Settlement: One-Page Case Summaries provides a succinct summary of the key findings of every dispute panel report up to the end of 2019 and where applicable the subsequent Appellate Body report. Each one-page summary comprises three sections: the core facts; the key findings contained in the reports; and where relevant other matters of particular significance. The disputes are presented in chronological order (by dispute settlement number). Two indexes at the end of the publication list the disputes by WTO agreement and by WTO member responding to the complaint.

On 21 January 2021 the WTO circulated the panel report in the case brought by Korea in “United States — Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available” (DS539).

On 30 November 2020 the WTO circulated the panel report in the case brought by Japan in “Korea - Sunset Review of Anti-Dumping Duties on Stainless Steel Bars” (DS553).

On 15 September 2020 the WTO circulated the dispute panel report in the case brought by China in “United States — Tariff Measures on Certain Goods from China” (DS543)..

On 24 July 2020 the WTO circulated the dispute panel report in the case brought by the Russian Federation in “European Union - Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia - Second complaint)” (DS494).

On 9 June 2020 the Appellate Body issued its reports in the cases brought by Honduras and the Dominican Republic in “Australia — Certain Measures Concerning Trademarks Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging” (DS435 and DS441).

On 6 February 2020 the Appellate Body issued its report in the case brought by Canada in “United States - Countervailing Measures on Supercalendered Paper from Canada” (DS505).

On 10 December 2019 the Appellate Body issued its report in the case brought by Turkey in “Morocco - Anti-Dumping Measures on Certain Hot Rolled Steel from Turkey” (DS513). On 4 December Morocco notified the Appellate Body that it had withdrawn its appeal in this dispute.

On 2 December 2019 the WTO circulated the compliance panel report in the case brought by the European Union in “European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft - Recourse to Article 21.5 of the DSU by the EU” (DS316)

On 1 November 2019 a WTO arbitrator issued its decision on the level of countermeasures China may request with respect to the United States in “United States - Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China” (DS471).

On 12 July 2019 the WTO circulated the panel report in the compliance case initiated by the Philippines in “Thailand — Customs and Fiscal Measures on Cigarettes from the Philippines — Second Recourse to Article 21.5 of the DSU by the Philippines” (DS371).

On 11 July 2019 the WTO circulated two panel report in the cases brought by Canada and Mexico in “United States — Certain Measures on Steel and Aluminium Products” (DS550) and “United States — Certain Measures on Steel and Aluminium Products” (DS551).

On 11 July 2019 the WTO circulated two panel report in the cases brought by the United States in “Canada — Additional Duties on Certain Products from the United States” (DS557) and “Mexico — Additional Duties on Certain Products from the United States” (DS560).

This updated edition of WTO Dispute Settlement: One-Page Case Summaries has been prepared by the Legal Affairs Division of the WTO with assistance from the Rules Division and the Appellate Body Secretariat. This new edition covers all panel and Appellate Body reports adopted by the WTO Dispute Settlement Body as of 31 December 2018.

On 18 April 2019 the WTO circulated the panel report in the case brought by the United States in “China - Tariff Rate Quotas for Certain Agricultural Products” (DS517).

On 5 April 2019 the WTO circulated the panel report in the case brought by Ukraine in “Russia - Measures Concerning Traffic in Transit” (DS512).

On 28 February 2019 the WTO circulated the panel report in the case brought by the United States in “China — Domestic Support for Agricultural Producers” (DS511)

This publication was prepared by Arti Gobind Daswani Roy Santana and János Volkai of the WTO Secretariat with the support of WTO Deputy Director-General Karl Brauner Valerie Hughes (former Director of the WTO’s Legal Affairs Division) Suja Rishikesh Mavroidis (Director of the WTO Market Access Division) and John Adank (Director of the Legal Affairs Division). Special acknowledgment is owed to WTO staff members Jesse Kreier and Olga Falgueras Alamo from the Rules Division for their contribution to the compilation of relevant documents.

A one-page case summary is devoted to each of the 316 GATT disputes identified by this publication.

In the interest of accuracy this publication uses the historical names of GATT contracting parties as they were used at the time of each dispute e.g. Ceylon Czechoslovakia Hong Kong the Federal Republic of Germany Yugoslavia or the Federation of Rhodesia and Nyasaland. Likewise this publication makes reference to EEC-6 EEC-9 EEC-10 or EEC-12 to reflect different stages of enlargement of the European Economic Communities. It also refers to individual EEC member States (e.g. France Italy etc.) for cases when these countries acted in their own capacity.

GATT disputes: 1948-1995 (Volume 1) provides verified and factual information on disputes brought by contracting parties to the General Agreement on Tariffs and Trade (GATT) from 1948 to 1995 when the GATT was superseded by the World Trade Organization (WTO). The publication provides a comprehensive overview of dispute settlement activities under the GATT 1947 and a one-page case summary for each of the 316 GATT disputes brought by contracting parties during this period. Volume 2 of this publication covers GATT dispute settlement procedures. The two volumes offer insights into the evolution of dispute settlement under the GATT 1947 which served as the foundation for the Dispute Settlement Understanding created by the Marrakesh Agreement Establishing the WTO.

On 14 December 2018 the Appellate Body issued its report in the cases brought by Mexico and the United States in “United States - Measures Concerning the Importation Marketing and Sale of Tuna and Tuna Products — Second Recourse to Article 21.5 of the DSU by Mexico” (DS381).

On 6 November 2018 the WTO circulated the panel report in the case brought by Japan in “India - Certain Measures on Imports of Iron and Steel Products” (DS518).

This paper investigates how RTAs treat disputes concerning their TBT provisions in particular whether they treat them differently from other types of dispute and how they deal with any potential overlap with the WTO when the substantive obligations of the RTA and the WTO TBT Agreement are the same (or similar).