Dispute settlement reform

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Introduction

In the MC12 outcome document adopted on 17 June 2022, WTO members acknowledged the challenges and concerns with respect to the dispute settlement system, including those related to the Appellate Body, and agreed to conduct discussions with the view to having a fully and well-functioning dispute settlement system accessible to all members by 2024.

Following the commitment made by ministers at MC12, members intensified the informal dispute settlement reform (DS reform) discussions amongst members, which had been led by the United States since April 2022. In February 2023, an informal process on dispute settlement reform was convened by the deputy permanent representative of Guatemala. A consolidated draft text, which has not been agreed by members, emerged from the informal process and was formally circulated to members on 16 February 2024 for transparency purposes. Within this period, some members also provided submissions or proposals with specific ideas for DS reform.

In the “Ministerial Decision on Dispute Settlement Reform” adopted on 2 March 2024 at MC13, ministers recalled the commitment made at MC12 to conduct discussions with the view to having a fully and well-functioning dispute settlement system accessible to all members by 2024, and took note of the works done thus far and the progress made. Ministers also instructed officials to accelerate discussions in an inclusive and transparent manner, build on the progress already made, and work on unresolved issues, including issues regarding appeal/review and accessibility to achieve the MC12 commitment by 2024.

On 18 April 2024, the Chairperson of the General Council, Ambassador Petter Ølberg of Norway, informed the membership of the appointment of Ambassador Usha Chandnee Dwarka-Canabady of Mauritius as the Facilitator, thus signalling the formalization of the DS reform process. Following consultations with members, Ambassador Canabady set up a process involving monthly Heads of Delegation (HODs) meetings chaired by the Facilitator and technical meetings at the delegate level to discuss and find solutions to the unresolved issues, first focusing on appeal/review and accessibility. The technical meetings would be led by co-convenors selected by the membership.

In a communication dated 27 May 2024, Ambassador Canabady announced that six delegates, who had received very strong support from the membership and taking into account the balance of perspectives, would serve as co-convenors for the technical work.

Since that time, the Facilitator has held regular HODs meetings, which also provide for virtual participation from capitals, while co-convenors have organized technical meetings at the delegate level. As part of the technical work, regular transparency meetings are also held which are open to online participation of capital-based delegates.

In addition, the Facilitator, with the assistance of the WTO Secretariat, organises informational sessions on how the dispute settlement system works and on other dispute settlement reform-related matters.

To ensure the process is conducted in an open, transparent and inclusive manner, formal records of HODs meetings, technical work plans, written contributions of members, written summary reports of co-convenors, informational session materials and background documents can be accessed through this webpage.