Messrs Bhatia and Graham will replace Ms. Lilia Bautista and Ms. Jennifer Hillman whose terms of office expire on 10 December 2011. Ms Bautista had informed the DSB Chairperson that she would not seek reappointment for a second term, and Ms Hillman had informed the DSB Chairperson that she was not requesting the DSB to consider her for reappointment.
The appointments were made according to the Dispute Settlement Understanding (DSU) which stipulates that the Appellate Body shall “comprise persons of recognized authority, with demonstrated expertise in law, international trade and the subject matter of the WTO agreements generally.” The DSU also requires that the Appellate Body membership be broadly representative of the WTO membership. Candidates were nominated by WTO Members and interviewed by a Selection Committee comprising the Director-General, and the Chairpersons of the General Council, the DSB, the Council for Trade in Goods, the Council for Trade in Services and the TRIPS Council. The appointments were made by the DSB on the basis of the Selection Committee’s recommendation and following consultations with WTO Members.
Notes to editors
1. Biographical notes on the two new members are below. Biographical data on all of the Appellate Body members and former members may be found on the WTO web site.
2. The Appellate Body hears appeals from dispute settlement panel reports on issues of law covered in the panel report and legal interpretations developed by the panel. Three members of the Appellate Body hear and determine any one appeal. The Appellate Body can uphold, modify or reverse the legal findings and conclusions of a panel. Appellate Body reports are adopted by the Dispute Settlement Body, and unconditionally accepted by the parties to the dispute, unless there is a consensus against adoption. Since its establishment in November 1995, the Appellate Body has issued 108 reports and every report has been adopted.
Biographical Note — Ujal Singh Bhatia
Born in India on 15 April 1950, Ujal Singh Bhatia is currently an independent consultant and academic engaged in developing a policy framework for Indian agricultural investments overseas, while at the same time working with the Commonwealth Secretariat on multilateral trade issues.
From 2004 to 2010, Mr. Bhatia was India’s Permanent Representative to the WTO. During his tenure as Permanent Representative, he was an active participant in the dispute settlement process, representing India in a number of dispute settlement cases both as a complainant and respondent in disputes relating to anti-dumping, as well as taxation and import duty issues. He also has adjudicatory experience having served as a WTO dispute settlement panelist.
Mr. Bhatia previously served as Joint Secretary in the Indian Ministry of Commerce, where he focused on the legal aspects of international trade. During this period, he was also a Member of the Appellate Committee under the Foreign Trade (Development and Regulation) Act. The Committee heard appeals of exporters and importers against the orders of the Director General Foreign Trade. Mr. Bhatia was also Joint Secretary of the Ministry of Information and Broadcasting and held various positions in the public and private sectors of the Indian state of Orissa.
Mr. Bhatia’s legal and adjudicatory experience spans three decades. He has focused on addressing domestic and international legal/jurisprudence issues, negotiating trade agreements and policy issues at the bilateral, regional and multilateral levels, and formulating and implementing trade and development policies for a range of agriculture, industry and service sector activities.
Mr. Bhatia is a frequent lecturer on international trade issues, and has published numerous papers and articles in Indian and foreign journals on a wide range of trade and economic issues.
Mr. Bhatia holds an M.A. in Economics from the University of Manchester and from Delhi University, as well as a B.A. (Hons.) in Economics, also from Delhi University.
Biographical Note — Thomas R. Graham
Born in the United States on 23 November 1942, Thomas R. Graham is Senior Counsel in the International Trade Group of the King & Spalding law firm where he represents respondents in non-U.S. trade remedy cases, negotiates the settlement of disputes, assists in WTO dispute settlement proceedings, and heads the practice’s committee on long-term planning and development.
Prior to joining King & Spalding, Mr. Graham served for several years as the deputy head of the International Group of Skadden, Arps, Slate, Meagher & Flom, and participated in the firm’s transition from a U.S. law firm to a global one.
In private law practice, Mr. Graham has participated in trade remedy proceedings, often collaborating with local counsel and national authorities in various countries to develop legal interpretations of laws and regulations consistent with GATT/WTO agreements, and negotiating the resolution of international trade disputes.
Mr. Graham served as Deputy General Counsel in the Office of the U.S. Trade Representative where he was instrumental in the negotiation of the Tokyo Round Agreement on Technical Barriers to Trade and where he represented the U.S. Government in dispute settlement proceedings under the GATT.
Earlier in his career, Mr. Graham spent three years in Geneva as a Legal Officer at the United Nations.
Mr. Graham taught for many years at the Georgetown Law Center as an adjunct professor. He has written several articles and monographs on international trade law and policy as a Guest Scholar at the Brookings Institution, and as a Senior Associate at the Carnegie Endowment for International Peace.
Mr. Graham holds a BA in International Relations and Economics from Indiana University and a J.D. from Harvard Law School.