Transcript Complaints under the DSU

Complaints under the DSU
Reference to article XXIII of the GATT 1994
Types of complaints:
1) Violation complaints;
2) Non-violation complaints;
3) Situation complaints.
Nullification or impairment of benefits for the
complainant Member.
Interest in the dispute.
Alternative dispute resolution
• Consultations before the establishment of
a panel
• During all stages: good offices, conciliation
and mediation
Consultations
Preference for amicable resolution of disputes.
The request for consultation must indicate the
measure at issue and the legal basis for the
complaint. It is notified to the DSB.
Confidentiality of the consultations.
Duration 60 days.
The agreed solution must be notified to the DSB
and must be in conformity with the WTO law.
Disputes settlement procedure
When a dispute arises between Member States,
they can request the DSB to establish a panel.
The request must contain:
1) an indication whether consultations were held;
2) the identification of the specific measures at
issue;
3) a brief summary of the legal basis of the
complaint.
Protection of respondent’s rights.
Disputes settlement procedure (II)
Panels:
- are ad hoc bodies, established for each different
dispute;
- are composed by well-qualified members, with a
view to ensuring their independence, a different
background and wide experience;
- do not include nationals of Member States
parties to the dispute;
- are established by the DSB (reverse
consensus).
Disputes settlement procedure (III)
After the establishment of the panel the parties
will try to reach an agreement on the
composition as proposed by the Secretariat.
If they are unable to reach an agreement, the
designation is made by the Director-General.
Multiple complainants: single panel or same
composition.