DISPUTE SETTLEMENT

DS: Canada — Measures Concerning Trade in Commercial Aircraft

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.

  

See also:

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Current status

 

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Key facts

Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

  

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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 Brazil

On 8 February 2017, Brazil requested consultations with Canada with respect to measures concerning trade in commercial aircraft.

Brazil claimed that the measures appear to be inconsistent with:

  • Articles 3.1(a), 3.1(b), 3.2, 5(c), 6.3(a), 6.3(b), 6.3(c), 6.4 and 6.5 of the SCM Agreement.

On 23 February 2017, Japan requested to join the consultations. On 24 February 2017, the European Union and the United States requested to join the consultations. Subsequently, Canada informed the DSB that it had accepted the requests of the European Union, Japan and the United States to join the consultations.

 

Panel and Appellate Body proceedings

On 18 August 2017, Brazil requested the establishment of a panel. At its meeting on 31 August 2017, the DSB deferred the establishment of a panel.

At its meeting on 29 September 2017, the DSB established a panel. China, the European Union, Japan, the Russian Federation, Singapore and the United States reserved their third-party rights.

Pursuant to paragraph 4 of Annex V (on the procedures for developing the information concerning serious prejudice) of the SCM Agreement, at its meeting on 25 October 2017, the DSB agreed to designate Mr Hanspeter Tschaeni as a representative to serve the function of facilitating the information-gathering process.

On 24 October 2017, Canada requested the Annex V Facilitator, Mr Hanspeter Tschaeni, to suspend the Annex V procedures until the panel issued a preliminary ruling on Canada's request that the panel find that certain aspects of Brazil's panel request do not meet the requirements of Article 6.2 of the DSU. On 25 October 2017, Brazil informed the Annex V Facilitator that it disagreed with the proposed suspension of the Annex V procedures and that Brazil would respond to Canada's preliminary ruling request once the panel is composed. On 4 April 2018, the Annex V Facilitator informed the DSB that, after consulting with the parties, and given the circumstances explained in its communication, it was impossible to fulfil its mandate.

On 29 January 2018, Brazil requested the Director-General to compose the panel. On 6 February 2018, the Deputy Director-General, acting in place of the Director-General, composed the panel.

On 17 April 2018, the Chair of the panel requested the Chair of the DSB to circulate to the Members its preliminary ruling concerning the alleged inconsistency of certain aspects of Brazil's panel request with the requirements of Article 6.2 of the DSU. The Chair of the panel indicated that it had circulated its preliminary ruling to the parties and the third parties on 9 April 2018.

On 18 June 2018, the Chair of the panel informed the DSB that due to the complexity of the dispute, the panel expected to issue its final report to the parties by the second half of 2019. In its communication, 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 depended on completion of translation.

On 24 September 2018, further to paragraph 2(5) of the panel's Working Procedures, the Chair of the panel requested the DSB in separate communications to circulate to Members: (i) five partial timetables adopted by the panel between March and September 2018, (ii) the Working Procedures adopted by the panel on 9 March 2018 and (iii) the additional Working Procedures for the protection of business confidential information and highly sensitive information adopted by the panel on 27 July 2018.

 

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