Practice Areas
WTO Dispute Settlement

The best international agreements are worthless if obligations cannot be enforced when one of the signatories fails to comply. The WTO Dispute Settlement System plays an important role in clarifying and enforcing WTO Member legal obligations contained within existing WTO Agreements. This mechanism has gained strong practical relevance with more than 474 disputes having been initiated from 1 January 1995 through to February 2014. It continues to be regarded as the central pillar of the multilateral trading system.

 

JWK Law Office has represented the Government of Indonesia as well as the relevant companies and associations in DS 490 and DS 496 concerning Safeguard on Certain Iron or Steel Products, DS 477 and DS 478 concerning Importation of Horticultural Products, Animals and Animal Products, DS 484 concerning Importation of Chicken Meat and Chicken Products.

 

JWK routinely advises WTO Members, both governments and also private sector interests in a wide array of dispute settlement proceedings. The firm provides representation for complainants, respondents and third parties at every stage of the WTO Dispute Settlement process including: consultation, panel, appeal, implementation and arbitration phases. The primary focus of our work revolves around WTO Anti-Dumping, Subsidy and Countervailing Measures and Safeguard Agreements as well as other WTO Agreements including GATT 1994, SPS, TBT, Import Licensing, Customs Valuation, TRIMS, TRIPS and GATS.

 

Our assistance includes:

  • analyzing WTO law and jurisprudences;
  • preparing requests for consultation, panel request, claims and defenses, written submissions and rebuttals;
  • responses to panel questions, expert witnesses, comments to interim, and final reports;
  • representing clients in substantive meetings;
  • representing clients in appeal proceedings, in 21.5 implementation panel proceedings, as well as in arbitration;
  • advising private stakeholders and government delegations.