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Complaints under the DSU

Complaints under the DSU. Reference to article XXIII of the GATT 1994 Types of complaints: Violation complaints; Non-violation complaints; Situation complaints. Nullification or impairment of benefits for the complainant Member. Interest in the dispute. Alternative dispute resolution.

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Complaints under the DSU

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  1. Complaints under the DSU Reference to article XXIII of the GATT 1994 Types of complaints: • Violation complaints; • Non-violation complaints; • Situation complaints. Nullification or impairment of benefits for the complainant Member. Interest in the dispute.

  2. Alternative dispute resolution • Consultations before the establishment of a panel • During all stages: good offices, conciliation and mediation

  3. 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.

  4. Disputes settlement procedure When a dispute arises between Member States, they can request the DSB to establish a panel. The request must contain: • an indication whether consultations were held; • the identification of the specific measures at issue; • a brief summary of the legal basis of the complaint. Protection of respondent’s rights.

  5. 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).

  6. 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.

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