WTO Dispute Settlement Process
- Consultation: Bilateral consultations between the parties are the first stage of formal dispute settlement.
- The panel stage: Only after such mandatory consultations have failed to produce a satisfactory solution within 60 days may the complainant request adjudication by a panel. A panel report should be issued to the parties six months from panel's composition, or three months if urgent.
- Adoption of the panel report: The Dispute Settlement Body (DSB) must adopt the report no earlier than 20 days, but no later than 60 days after the date of its circulation to WTO members.
- Appellate review: After the panel report is circulated, any party has the right to file an appeal, which is processed by the Appellate Body established by the DSB.
- Ruling by the DSB: The DSB must adopt, and the parties must unconditionally accept, the Appellate Body report unless the DSB decides by consensus not to adopt the Appellate Body report within 30 days following its circulation to WTO members.
- Implementation and surveillance: The DSB monitors the implementation of the adopted panel and Appellate Body reports. If the losing party fails to implement the recommended proposal and refuses to provide compensation, the prevailing complainant is entitled to resort to the DSB to authorize retaliation measures. |