AGREEMENT ON GOVERNMENT PROCUREMENT
The Agreement on Government Procurement (GPA) provides two independent mechanisms for settling procurement-related disputes: “domestic review mechanisms” at the national level; and the WTO dispute settlement mechanism.
Domestic review mechanisms
The revised GPA requires, in Article XVIII, that all parties to the Agreement should establish domestic review systems that are timely, effective, independent, transparent and non-discriminatory. These systems permit suppliers to challenge breaches of the GPA and/or the national legislation giving effect to the Agreement. The review body, which may be an administrative authority or a court, must have the authority to implement remedial measures and/or to insure compensation for the loss or damages suffered by a supplier. Rapid interim measures must also be available to preserve a supplier's opportunity to participate in relevant procurement activities, where appropriate.back to top
WTO dispute settlement mechanism
Article XX of the revised GPA provides that the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the ‘Dispute Settlement Understanding’) also applies to disputes under the GPA. Any GPA party may initiate proceedings against another party in circumstances where it believes the other party to be in violation of its obligations under the Agreement. Three disputes between parties under the GPA have been brought to the WTO.
Disputes initiated under the GPA Back to top
Government procurement documents on dispute settlement use the code GPA/D* (where * takes additional values). These links open a new window: allow a moment for the results to appear.
Disputes (requests for consultations) involving
government procurement (Document code
GPA/D*) > search
- DS73: Japan Procurement of a Navigation Satellite
- DS88 — DS95: United States — Measures Affecting Government Procurement (Massachusetts State Law prohibiting contracts with firms doing business with or in Myanmar)
- DS163: Korea Measures affecting Government Procurement (procurement practices of the Korean Airport Construction Authority)
You can perform more sophisticated searches from the Documents Online search facility (opens in new window) by defining multiple search criteria such as document symbol (i.e. code number), full text search or document date.
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Disputes initiated under the Tokyo Round Code on Government Procurement
Four GATT disputes from the pre-WTO period, initiated under the Tokyo Round Code on Government Procurement, assessed government-procurement-related issues directly: