DISPUTE SETTLEMENT

DS: United Arab Emirates — Measures Relating to Trade in Goods and Services, and Trade-Related Aspects of Intellectual Property Rights

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Current status

 

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Key facts

 

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Latest document

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Qatar

On 31 July 2017, Qatar requested consultations with the United Arab Emirates with respect to measures relating to trade in goods, trade in services and trade-related aspects of intellectual property rights from Qatar.

Qatar claimed that the measures appear to be inconsistent with:

  • Articles I:1, V:2, X:1, X:2, XI:1, and XIII:1 of the GATT 1994;
     
  • Articles II:1, III:1, III:2, III:3, and XVI of the GATS; and
     
  • Articles 3 and 4 of the TRIPS Agreement. 

 

Panel and Appellate Body proceedings

On 6 October 2017, Qatar requested the establishment of a panel. At its meeting on 25 October 2017, the DSB deferred the establishment of a panel.

At its meeting on 22 November 2017, the DSB established a panel. Afghanistan, Australia, Bahrain, Brazil, Canada, China, Egypt, the European Union, Guatemala, Honduras, Japan, Kazakhstan, Korea, Malaysia, Mexico, Norway, Philippines, the Russian Federation, Saudi Arabia, Singapore, Chinese Taipei, Turkey, Ukraine, the United States and Yemen reserved their third-party rights.

Following the agreement of the parties, the panel was composed on 3 September 2018. Following the passing away of the Chair of the panel, the parties agreed on a new Chair.

On 30 September 2019, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties in the second half of 2020. The Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation. On 18 December 2020, the Chair of the panel informed the DSB that due to the complexity of the dispute, the large volume of evidence and the disruptions to the Panel's work resulting from the COVID-19 pandemic, the panel now expected to issue its final report to the parties in the first quarter of 2021.

On 18 January 2021, the Chair of the panel informed the DSB that it had granted Qatar's request of 11 January 2021, to which the United Arab Emirates agreed, that the panel suspend its proceedings until further notice, pursuant to Article 12.12 of the DSU. The Chair also informed the DSB that its decision was with effect from 15 January 2021, and recalled that the authority of the panel shall lapse after 12 months of the suspension of its work.

 

Withdrawal/termination

As the panel had not been requested to resume its work, pursuant to Article 12.12 of the DSU, the authority for establishment of the panel lapsed as of 16 January 2022. On 18 January 2022, the United Arab Emirates requested the Chair of the DSB to circulate a communication indicating that the United Arab Emirates wrote to confirm the end of these proceedings pursuant to the terms of the Al Ula Declaration signed on 5 January 2021. In its communication, the United Arab Emirates welcomed that Qatar considered these proceedings at an end.

 

 

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