As noted on the blog here, in May 2022 New Zealand filed the first ever CPTPP consultations request, relating to Canadian measures "concerning the allocation of dairy tariff rate quotas (TRQs) under CPTPP (dairy TRQ allocation measures)." A panel request was filed in November 2022.
On March 9, 2023, the panel was composed as follows:
In January 2022, there was a USMCA panel ruling circulated on similar measures. My sense is that the Canadian measures have evolved a bit since then (in response to the USMCA ruling), and of course the CPTPP obligations are not identical to the USMCA obligations. Nevertheless, I can imagine that the USMCA ruling will be cited by the parties and the panel in the CPTPP dispute, and it will be interesting to see exactly how the parties and the panel see that ruling in terms of the level of persuasion/precedent it provides.
With regard to the timing of these proceedings, under Article 28.17 of the CPTPP:
3. The panel shall present an initial report to the disputing Parties no later than 150 days after the date of the appointment of the last panellist. In cases of urgency, including those related to perishable goods, the panel shall endeavour to present an initial report to the disputing Parties no later than 120 days after the date of the appointment of the last panellist.
And under Article 28.18:
1. The panel shall present a final report to the disputing Parties, including any separate opinions on matters not unanimously agreed, no later than 30 days after presentation of the initial report, unless the disputing Parties agree otherwise. After taking any steps to protect confidential information, and no later than 15 days after the presentation of the final report, the disputing Parties shall release the final report to the public.
