Services: Trade Remedies
WTO Dispute Settlement
We regularly advise and represent clients at various stages of WTO Dispute Settlement Proceedings (consultations, Panel proceedings, Appellate Body proceedings, and compliance proceedings). Such assistance includes legal research, drafting and reviewing submissions and oral statements, and participation in hearings. In addition, we regularly advise Governments of WTO Members on the feasibility of initiating WTO proceedings and provide legal assistance with respect to the impact and implications of WTO findings.
Recent highlights include:
- Legal advice to a WTO Member Government on the WTO-compatibility of EU actions in the framework of the EU's anti-dumping and anti-subsidy investigations into solar panels (crystalline silicon photovoltaic modules and key components) originating in or consigned from China;
- Representation of the Government of South Korea in the Panel and Appellate Body proceedings in the Airbus/Boeing EU-US dispute before the WTO’s Dispute Settlement Body;
- Successfully advising the Government of India in Dispute Settlement Consultations with the EU against the continuing imposition of EU anti-dumping duties against hot-rolled coils from India;
- European Communities – Measures Affecting Trade in Large Civil Aircraft (WT/DS316);
- United States – Measures Affecting Trade in Large Civil Aircraft (WT/DS353);
- Legal advice to the Government of India regarding the workings of the WTO Dispute Settlement Mechanism and compliance of certain anti-dumping and anti-subsidy measures adopted by the EU with WTO legal requirements with a view to initiating WTO dispute settlement procedures regarding stainless steel bars, stainless steel wires and quarto steel plates;
- Advice to a WTO Member Government in the framework of the controversial EU anti-dumping proceeding concerning certain footwear with leather uppers originating in China and Vietnam;
- Advice to the Ukrainian Government in relation to a dispute settlement procedure between the Ukraine and the EU regarding the Ukraine's investment laws in the car manufacturing sector and the relevant Ukrainian State subsidies in that sector. The work involved substantial advice concerning the interpretation of the EU-Ukraine Partnership and Cooperation Agreement, as well as several Articles of the GATT, the WTO Agreement on Subsidies and Countervailing Measures, the WTO Customs Valuation Agreement, the WTO Agreement on Safeguards, and the WTO Dispute Settlement Understanding;
- Legal advice regarding the locus standi of a South-East Asian Government under the WTO Dispute Settlement Mechanism in the framework of a potential WTO complaint against an EU anti-dumping regulation; and
- Advice to Governments of certain WTO Members regarding the compliance of non-market economy status with WTO law.