Private Counsel Participation in Dispute Settlement Proceedings

P.4.1 EC — Bananas III, para. 10   back to top
(WT/DS27/AB/R)

… we can find nothing in the Marrakesh Agreement Establishing the World Trade Organization (the “WTO Agreement”), the DSU or the Working Procedures, nor in customary international law or the prevailing practice of international tribunals, which prevents a WTO Member from determining the composition of its delegation in Appellate Body proceedings. … we rule that it is for a WTO Member to decide who should represent it as members of its delegation in an oral hearing of the Appellate Body.
 

P.4.2 EC — Bananas III, para. 12   back to top
(WT/DS27/AB/R)

… We also note that representation by counsel of a government’s own choice may well be a matter of particular significance — especially for developing-country Members — to enable them to participate fully in dispute settlement proceedings. Moreover, given the Appellate Body’s mandate to review only issues of law or legal interpretation in Panel Reports, it is particularly important that governments be represented by qualified counsel in Appellate Body proceedings.