DISPUTE SETTLEMENT: APPELLATE BODY
Appellate Body
The Appellate Body was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). It is a standing body of seven persons that hears appeals from reports issued by panels in disputes brought by WTO Members. The Appellate Body can uphold, modify or reverse the legal findings and conclusions of a panel, and Appellate Body Reports, once adopted by the Dispute Settlement Body (DSB), must be accepted by the parties to the dispute. The Appellate Body has its seat in Geneva, Switzerland.
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.
Introduction
Appeals in the
WTO dispute settlement system
This link takes you to the section on disputes in the WTO guide “Understanding
the WTO”.
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News
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Appellate Body Members and Secretariat
The Appellate Body is composed of seven Members who are appointed by the DSB to serve for four-year terms, with the possibility of being reappointed once. The Appellate Body membership shall be broadly representative of membership in the WTO. The Appellate Body receives administrative and legal support from the Appellate Body Secretariat.
- Farewell speech of Appellate Body Member Yuejiao Zhang: 26 October 2016
- Farewell speech of Appellate Body Member Seung Wha Chang: 26 September 2016
- Farewell speech of Appellate Body Member David Unterhalter: 22 January 2014
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Procedures for Appellate Review
Appeals are conducted according to the procedures established under the DSU and the Working Procedures for Appellate Review.
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Post Employment Guidelines
On 16 April 2014, the Appellate Body circulated Post Employment Guidelines that it has adopted for former Appellate Body Members, former Appellate Body Secretariat staff, and former interns at the Appellate Body Secretariat, and requested the cooperation of WTO Members in facilitating compliance with these guidelines.
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Guidelines in Respect of Executive Summaries of Written Submissions
In a communication circulated by the Appellate Body on 11 March 2015, the Appellate Body set forth Guidelines in Respect of Executive Summaries of Written Submissions in Appellate Proceedings (WT/AB/23), setting out the prescribed format and length for the executive summaries that participants and third participants are to submit, together with their written submissions, in appellate proceedings, and clarifying that such summaries will be annexed, without modification, to the Appellate Body report in the dispute.
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Current Appeals
1 December 2017: Mexico filed a Notice of Appeal in United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products – Recourse to Article 21.5 of the DSU by the United States (WT/DS381/RW/USA) and United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products – Second Recourse to Article 21.5 of the DSU by Mexico (WT/DS381/RW/2).
28 September 2017: Brazil filed a Notice of Appeal in Brazil – Certain Measures Concerning Taxation and Charges (WT/DS472/R and WT/DS497/R).
28 September 2017: Indonesia filed a Notice of Appeal in Indonesia — Safeguard on Certain Iron or Steel Products (WT/DS490/R and WT/DS496/R).
30 August 2017: The European Union filed a Notice of Appeal in European Union – Countervailing Measures on Certain Polyethylene Terephthalate from Pakistan (WT/DS486).
29 June 2017: the European Union filed a Notice of Appeal in United States – Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (Recourse to Article 21.5 of the DSU by the European Union) (WT/DS353/RW).
20 February 2017:The Russian Federation filed a Notice of Appeal in Russia – Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy (WT/DS479).
13 October 2016: The European Union filed a Notice of Appeal in European Communities and certain member States — Measures Affecting Trade in Large Civil Aircraft, Recourse to Article 21.5 of the DSU by the United States (WT/DS316)
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Appellate Body Reports
The Reports of the Appellate Body for individual appeals.
- Chronological list, with links to the Reports.
- Statistics on number of appeals.
- Analytical Index: Guide to WTO Law and Practice
Appellate Body Repertory of Reports and Awards 1995–2013
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Appellate Body Annual Report
Annual reports on the work of the Appellate Body and its Secretariat have been issued since 2003.
Click here for more
information
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10th Anniversary Conferences
Academic Groups to host
conferences commemorating establishment of WTO Appellate Body.
Click here for more
information
Appellate Body Annual Report 2016
Appellate Body Repertory of Reports and Awards 1995–2013