WTO Disputes Reach 500 Mark – Pak Files Complaint against South Africa in Cement Dispute

In its 20th anniversary year, the WTO has reached a significant milestone with the receipt of its 500th trade dispute for settlement.

In the latest dispute, Pakistan filed a request for consultations with South Africa regarding South Africa’s imposition of a provisional anti-dumping duty on Portland cement from Pakistan. The request was submitted to the WTO Secretariat on 10 November; further information will be available within the next few days in document.

The 500th dispute was submitted on 10 November, when Pakistan filed a request for consultations with South Africa regarding South Africa’s provisional anti-dumping duty on cement from Pakistan. The two sides will now consult with the aim of arriving at a mutually agreed solution.

A total of 300 disputes were brought under the dispute settlement system of the General Agreement on Tariffs and Trade (GATT) - the predecessor to the WTO - over a period of 47 years. In WTO, there is automatic establishment of dispute panels following the second request by a WTO member and the adoption of dispute settlement reports unless all members decide otherwise. The WTO mechanism also introduced the possibility to appeal panel reports, a rare feature in international dispute settlement at the time.

WTO is allocating more resources to dispute settlement and working with members to find solutions.

Large Users of WTO DSB – India in 6th Position, China 10th (However, Third Rank as Respondent)

Member

Complainant

Respondent

United States

108

124

European Communities

95

82

Canada

34

18

Brazil

27

16

Mexico

23

14

India

21

23

Japan

21

15

Argentina

20

22

Korea

17

15

China

13

33

Thailand

13

3

Chile

10

13

Indonesia

10

13

Guatemala

9

2

New Zealand

9

0

Honduras

8

0

Australia

7

15

Panama

7

1

Chinese Taipei

6

0

Colombia

5

4

Costa Rica

5

0

Hungary

5

2

Pakistan

5

3

Philippines

5

6

Norway

4

0

Russian Federation

4

6

Switzerland

4

0

Ukraine

4

3

Ecuador

3

3

Peru

3

5

Poland

3

1

Vietnam

3

0

Turkey

2

9

Others

15

62

Summary of disputes (as of 10 November 2015)

To date, 500 disputes have been brought to the WTO, of which:

·   110 disputes have been resolved bilaterally or withdrawn

·   282 disputes have proceeded to the litigation phase

For the remainder, no outcome has been notified to the WTO.

A total of 102 members have participated in a dispute either as a complainant or a respondent or as a third party. That means 63% of the membership has used the system.

The authorization for a member to retaliate once another member has been found to be in violation of its WTO obligations has been given 18 times, which means only 10% of the disputes have reached this outcome of last resort.

The compliance rate with dispute settlement rulings is very high, at around 90%.