Box D: Dispute Settlement within the WTO
Step 1:
A Member requests consultations with another Member which it considers to have breached its obligations or otherwise impaired benefits under the GATS.
Step 2:
Consultations between the two Members are held to reach a mutually satisfactory solution.
Step 3:
If the consultations fail to resolve the issue, the complaining Member may request the establishment of a panel of three independent experts. These are generally chosen from an existing roster of qualified panellists.
Step 4:
The panel examines the complaint in the light of the relevant legal obligations, and has six months to issue a report with binding recommendations for adoption by the dispute-settlement body (DSB).
Step 5:
Any party to the dispute may appeal the panel ruling before the WTO Appellate Body.
Step 6:
The Appellate Body examines the appeal, and has up to 90 days to deliver its report.
Step 7:
The panel ruling is adopted by the
DSB
(including any modifications decided by the Appellate Body), unless there is consensus not to adopt.
Step 8:
The Member concerned has time for implementation.
Step 9:
In the absence of full implementation within the specified period, a party to the dispute may request permission from the DSB to suspend equivalent commitments with respect to this
Member. |