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.
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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.
On the same day the
Notice of Appeal is filed, the appellant must also 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 18 days of the date on which the Notice of Appeal and the appellant's
submission were 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 and a written submission within 5 days of the filing of the Notice of
Appeal. This party is known as an “other appellant”. Parties wishing
to respond to the allegations raised by the “other appellant” may file a
written submission within 18 days of the filing of the Notice of Appeal.
Members that are third parties during the panel process may
also file written submissions within 21 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 21-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 21-day period may
nevertheless attend the oral hearing at the discretion of 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. At the oral hearing,
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 30 to 45 days of the filing of the Notice of
Appeal. Proceedings before the Appellate Body are confidential. Only WTO
Members that are appellants, other appellants, appellees or third
participants are entitled to attend oral hearings.
Nonetheless, in a few instances, at
the request of the parties, Appellate Body oral hearings have been opened to
the public.
After the oral hearing and 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 Report, together with the panel
report, as upheld, modified, or reversed, will be put on the agenda of a DSB
meeting for adoption. The DSB
will adopt the reports, unless the DSB decides by consensus not to adopt
them—which has never happened. 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
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General Appeals |
Prohibited Subsidies Appeals |
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|
Day |
Day |
|
Notice of Appeal (3) |
0 |
0 |
|
Appellant's Submission (4) |
0 |
0 |
|
Notice
of Other Appeal
(5) |
5 |
2 |
|
Other Appellant(s) Submission(s) (6) |
5 |
2 |
|
Appellee(s) Submission(s) (7)
Third Participant(s) Submission(s)
(8)
Third Participant(s) Notification(s) (9) |
18
21
21 |
9
10
10 |
|
Oral Hearing (10) |
30-45 |
15-23 |
|
Circulation of Appellate Report |
60-90 (11) |
30-60 (12) |
|
DSB Meeting for Adoption |
90-120 (13) |
50-80 (14) |
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Notes:
1.
WT/AB/WP/1;
WT/AB/WP/2;
WT/AB/WP/3;
WT/AB/WP/4;
WT/AB/WP/5;
WT/AB/WP/6.
back to text
> Timetable summarizing the deadlines
applicable in an appeal |
