Practical Aspects of WTO Litigation

Practical Aspects of WTO Litigation is a complete, real-life account of World Trade Organization’s (WTO’s) dispute settlement procedures. This book explains and identifies the practices that are normally followed by disputing parties when using the WTO’s dispute settlement understanding (DSU) entered into force in 1995. Since then, it has spawned an extensive body of jurisprudence, making it a highly complex system to navigate. This book is the first in-depth practical guide to resolving a dispute at the WTO, edited by an international lawyer, who has hands-on experience in WTO litigation. Contributors identify the best practices and suggest potential areas for improvement of the dispute settlement mechanism from their respective points of view.

Contributors explain, in a detailed manner, the numerous procedural steps and practices developed over the past twenty-five years, on:

• preparing for WTO litigation;
• recognizing the importance of WTO consultations;
• presenting a case before a panel;
• panel requests and panel’s terms of reference;
• the role and assistance of the WTO Secretariat;
• the panel process;
• rules of evidence;
• confidentiality and transparency;
• additional working procedures for the treatment of confidential information;
• legal remedies to redeem a violation;
• general considerations for appeal;
• determining the reasonable period of time for compliance;
• sequencing;
• retaliation proceedings; and
• use of non-WTO international law.

Contributors of individual chapters include government officials responsible for WTO dispute settlement from developing and developed countries, WTO Secretariat officials, a former member of the Appellate Body, academics specializing in international trade and related fields, and lawyers from major law firms specializing in WTO law.