The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.

waivers W.1.1

exceptional nature W.1.3

Lomé waiver L.3.1, W.1.1-3
 

weighted average: see Anti-Dumping Agreement (AD), determination of dumping (AD 2), calculation of administrative, selling and general costs and profits (AD 2.2.2), “weighted average” (AD 2.2.2(ii)); Anti-Dumping Agreement (AD), determination of dumping (AD 2), calculation of dumping margins (AD 2.4), comparison of weighted average normal value with weighted average of all comparable export transactions; Anti-Dumping Agreement (AD), imposition and collection of anti-dumping duties (AD 9), calculation of “all other” anti-dumping duty rate (AD 9.4), weighted average margin of dumping established with respect to investigated exporters as ceiling (AD 9.4(i))
 

withdrawal of appeal: see notice of appeal, requirements (AB/WP 20(2)), amendment; Working Procedures (appellate review), withdrawal of appeal (AB/WP 30)
 

withdrawal or modification of measure (DSU 3.7): see implementation of recommendations and rulings of the DSB (DSU 21.3)
 

Working Procedures (appellate review)

amendment A.2.1.7, W.2.7A.1

composition of delegation

legal representation, importance P.4.2

Member’s right to determine W.2.6.1

concurring opinion (WP 3.2) W.2.3

confidentiality (Rules of Conduct, Art. VII:1) B.4.4, C.6.2, W.2.4: see also confidentiality of proceedings (DSU 17.10/18.2)

determination by Appellate Body (DSU 17.9) A.2.1.7, W.2.7A.1

fairness and orderly procedure, adoption of appropriate procedure (WP 16.1): see also amicus curiae briefs, Additional Procedure (EC — Asbestos)

failure of notice of appeal to conform with requirements and W.2.6.9-10

re-hearing following death of member of division hearing appeal W.2.6.8

multiple appeals (AB/WP 23), joinder S.3.1.1, W.2.8

notice of appeal (WP 20(2)): see notice of appeal, requirements (AB/WP 20(2))

object and purpose, fair, prompt and effective resolution of disputes B.3.1.17, C.4.25, W.2.1.1-2

obligation to observe S.3.1.1, W.2.8

oral hearing (WP 27)

change of date W.2.11.1.1-2

joint hearing W.2.11.2

replacement on division (WP 13) W.2.5, W.2.6.8

Rules of Conduct, applicability (WP 8) B.4.4, C.6.2, W.2.4

separate opinion (AB/WP 3.2/DSU 17.11) W.2.3A

third participants (WP 24): see third party rights, AB proceedings (WP 24)

time-limits: see working schedule (WP 26) below

withdrawal of appeal (AB/WP 30) W.2.13

conditioned on right to refile notice of appeal in accordance with WP 20 W.2.13.1

good faith and W.2.13.1.4-6

unconditional nature of right W.2.13.1.3-5

working schedule (WP 26)

extension of deadline for circulation of AB report W.2.10.2

death of member of division hearing appeal W.2.10.2.1-2

exceptional workload W.2.10.2.3-4

modification in exceptional circumstances at request of parties, participants or third participants (WP 16.2) W.2.6.2, W.2.6.7, W.2.10.1

oral hearing W.2.11.1.1-2

written responses (WP 28) W.2.12
 

Working Procedures (panel) (DSU 12.1 and Appendix 3): see also abuse of discretion (panel); due process (dispute settlement proceedings); information or technical advice, panel’s right to seek (DSU 13); request for establishment of panel, requirements (DSU 6.2); Working Procedures (appellate review)

applicable law

panel’s right to determine E.3.1

Working Procedures (DSU Appendix 3) E.3.1

agreement of parties to alternative procedure E.3.1

evidence: see evidence (panel procedures) (DSU 12)

high quality reports/avoidance of delay, flexibility in achieving balance (DSU 12.2) D.2.2.9, D.2.2.24-5, E.3.5

multiple appeals: see multiple appeals (AB/WP 23)

objections, requirements: see also competence (panels), objections, requirements

good faith D.2.2.13, O.1.3, O.1.6, P.3.1.2, P.3.1.7

panel proceedings as two-stage process E.3.1, W.3.6, W.3.7, W.3.8

panel’s discretion D.2.2.2-3, O.1.1, O.1.9, W.3.3

burden of proof W.3.3

due process and D.2.2.2-3, O.1.1

limitations W.3.4

multiple complainants and (DSU 9) P.1.3.2

preliminary rulings, desirability W.3.1

review of evidence S.3.3.8, S.3.3.9

time-limits, submission of evidence E.3.1-2
 

working schedule: see Working Procedures (appellate review), working schedule (WP 26)
 

World Customs Organization (WCO), decisions as aid to interpretation of Schedules of Tariff Concessions T.1.2.2
 

WTO Agreement

conflict between constituent covered agreements, precedence (WTO, Annex 1A) S.2.41.1, S.2.41.4, S.5.2-4

GATT 1947 and: see GATT 1947

integral parts (WTO II) G.2.1.3, I.3.7.7, S.2.41.1, S.2.41.2: see also Agreement on Agriculture (AG), Schedules of Commitments (AG 3) [and AG Annex 3], incorporation into AG 3 and 6, as integral part of GATT 1994 (AG 3.1); Anti-Dumping Agreement (AD), GATT 1994 VI and, AD Agreement and GATT 1994 as integral part of WTO Agreement; Schedules of Concessions (GATT II), as integral part of GATT 1994 (WTO II:2)

applicability of preamble to all covered agreements W.4.1.1

DSU as evidence of S.2.41.2

object and purpose (preamble) N.1.4.1, S.2.41.2, W.4.1.1

obligation to ensure conformity of domestic laws, regulations and administrative procedures (WTO XVI:4) W.4.3

Abbreviations used on this page