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DISPUTE SETTLEMENT: PROCEDURES
Appellate procedures

Appeals are conducted according to the procedures established under the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and the Working Procedures for Appellate Review (Working Procedures). The Working Procedures are drawn up by the Appellate Body in consultation with the Director-General of the WTO and the Chairman of the Dispute Settlement Body (DSB). They have been amended five times since 1995⁽¹⁾. The first two changes related to the term of office of the Chairman, and the next two amendments enhanced third party participation at the oral hearing. The most recent amendments were announced on 7 October 2004, in WTO document WT/AB/WP/W/9, which explains the process leading to the amendments, as well as their substance. Among other things, these amendments modify the required content of a Notice of Appeal, allow for a Notice of Other Appeal, and alter certain dates in the timetable for appeals. These amendments take effect for appeals initiated after 1 January 2005 and are incorporated in the consolidated version of the Working Procedures that was circulated to WTO Members on 4 January 2005.

Disclaimer
The pages on this web site regarding the Appellate Body and the Appellate Body Secretariat are intended solely for information. These pages do not constitute an authoritative interpretation of the WTO Agreements, including the Understanding on Rules and Procedures Governing the Settlement of Disputes, or the Working Procedures for Appellate Review.

The appellate stage may follow the issuance of a report by a panel established pursuant to the DSU. Panel reports must be adopted by the DSB within 60 days of their circulation to WTO Members, unless a party decides to appeal. Parties to a dispute may appeal a panel report at any time before the panel report is adopted by the DSB. Third parties are not entitled to appeal a panel report. In accordance with Article 17.6 of the DSU, appeals are limited to issues of law covered in the panel report and legal interpretations developed by the panel.

An appeal is commenced upon written notification to the DSB and the simultaneous filing of a Notice of Appeal with the Appellate Body Secretariat. A party that files a Notice of Appeal is known as the “appellant”. Rule 20 of the Working Procedures sets out what must be included in a Notice of Appeal.

Once the Notice of Appeal has been filed, the appellant has 7 days within which to file a written submission pursuant to Rule 21(1) of the Working Procedures. A party to the dispute that wishes to respond to the allegations raised by the appellant may file its own written submission under Rule 22 of the Working Procedures, within 25 days of the date that the Notice of Appeal was filed. A party that files a written submission pursuant to Rule 22 is known as an “appellee”.

The Working Procedures recognize that some disputes may involve multiple appeals. Thus, under Rule 23 of the Working Procedures, a party to the dispute other than the original appellant may also appeal on the same grounds or on other alleged errors by filing a Notice of Other Appeal within 12 days of the filing of the Notice of Appeal. This party, known as an "other appellant", must file a written submission within 15 days of the filing of the Notice of Appeal by the original appellant. Parties wishing to respond to the allegations raised by the “other appellant” may file a written submission within 25 days of the filing of the Notice of Appeal.

Members that are third parties during the panel process may also file written submissions within 25 days of the date of filing of the Notice of Appeal, pursuant to Rule 24 of the Working Procedures. Although third parties wishing to attend and participate at appellate hearings are encouraged to file written submissions, those that do not may, nevertheless, notify the Appellate Body Secretariat, within the same 25-day period, of their intention to appear at the oral hearing. Third parties that do not file a written submission or a notification within the 25-day period may nevertheless attend the oral hearing at the discretion of the the Appellate Body Division (comprising three Appellate Body Members) hearing the appeal. Third parties that file written submissions or appear at the oral hearing are known as “third participants”.

An oral hearing is held for each appeal during which appellants, other appellants, appellees and third participants are given an opportunity to present oral arguments and to respond to questions put to them by the Appellate Body Division hearing the appeal. The hearing generally takes place within 35 to 45 days of the filing of the Notice of Appeal. Proceedings before the Appellate Body are confidential. Only WTO Members who are appellants, other appellants, appellees or third participants are entitled to attend oral hearings.

In accordance with Article 3.2 of the DSU, the Appellate Body relies on the customary rules of interpretation of public international law to clarify provisions of the WTO Agreements. Jurisdiction is compulsory for disputes brought under the covered agreements. Before finalizing the Appellate Body Report, the Appellate Body Division hearing the appeal exchanges views with the other four Appellate Body Members in accordance with Rule 4(3) of the Working Procedures.

The Appellate Body Report is circulated to WTO Members in the three official languages of the WTO (English, French, and Spanish) within 90 days of the date when the Notice of Appeal was filed, and it becomes public immediately upon circulation to Members. In its Report, the Appellate Body may uphold, modify or reverse the legal findings and conclusions of the panel.

Within 30 days of the circulation of an Appellate Body Report, the DSB will meet to adopt it, unless the DSB decides by consensus not to adopt that Report. An adopted Appellate Body Report, together with the adopted Panel Report, must be unconditionally accepted by the parties to the dispute.

Article 3.2 of the DSU states that the recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements. Article 21.1 of the DSU provides that prompt compliance with the recommendations or rulings of the DSB is essential in order to ensure effective resolution of disputes to the benefit of all WTO Members. The DSB is responsible for maintaining surveillance of the implementation of its rulings and recommendations by WTO Members.

Timetable for appeals (²)   back to top

 

	General Appeals	Prohibited Subsidies Appeals
	Day	Day
Notice of Appeal (3)	0	0
Appellant's Submission (4)	7	4
Notice of Other Appeal (5)	12	6
Other Appellant(s) Submission(s) (6)	15	7
Appellee(s) Submission(s)  (7)  Third Participant(s) Submission(s) (8)  Third Participant(s) Notification(s) (9)	25 25 25	12 12 12
Oral Hearing (10)	35-45	17-23
Circulation of Appellate Report	60-90 (11)	30-60 (12)
DSB Meeting for Adoption	90-120 (13)	50-80 (14)

Notes 2. See Annex I to the Working Procedures. back to text 3. Rule 20. back to text 4. Rule 21(1). back to text 5. Rule 23(1). back to text 6. Rule 23(3). back to text 7. Rules 22 and 23(4). back to text 8. Rule 24(1). back to text

9. Rule 24(2). back to text 10. Rule 27. back to text 11. Article 17.5 of the DSU. back to text 12. Article 4.9 of the SCM Agreement. back to text 13. Article 17.14 of the DSU. back to text 14. Article 4.9 of the SCM Agreement. back to text

Notes:
1. WT/AB/WP/1; WT/AB/WP/2; WT/AB/WP/3; WT/AB/WP/4; WT/AB/WP/5.   back to text
  

> Timetable summarizing the deadlines applicable in an appeal