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WTO Disputes

175 posts

The Zeroing Battle in the Courts

In a decision circulated today, a WTO panel says it disagrees with the Appellate Body's views on zeroing under AD Agreement Article 9.3, and decides not to follow the Appellate Body's approach. Here's an excerpt: 7.115 We respectfully disagree with the Appellate

What the Horse-Racing Folks Think of the Recent Gambling Settlement

Not surprisingly, given that the status quo is very good for them, they are quite happy with it: “The U.S. withdrawal of its WTO commitments in gambling services was the only approach that could meet U.S. treaty obligations, remove the gambling issue from the WTO agenda and restore

Some Gambling Updates: Compensation and Arbitration

In the Gambling compensation negotiations, the U.S. and EU have apparently reached a deal: The United States agreed on Monday to widen access to some of its services in compensation to the European Union for preventing betting businesses from offering on-line gambling in the US, the EU said here.

The Gambling Arbitration Ruling: Coming Soon (Maybe)

I feel like I am repeating myself here, but this is what is being reported: "We feel pretty confident about our case, to be honest. We really feel like we have the upper hand here," Mark Mendel, a private attorney representing Antigua, told Reuters ahead of an expected

WTO Rules and Free Speech

This will be a fun case to watch if it goes anywhere: The California First Amendment Coalition (CFAC), a free speech and government transparency group, has launched an initiative to use international trade laws to force the government of China to end its censorship of the Internet and to remove

More Gambling 22.6 Arbitration Documents

The Antigua legal team's gambling dispute web site has a few recently added documents related to the Article 22.6 arbitration. I don't have time to go through them right now -- I'm still trying to sort through the recent AB reports -- to

AB in Tyres and the Chapeau Jurisprudence

The AB report in Tyres reversed the Panel’s interpretation of “arbitrary or unjustifiable” discrimination under the chapeau of Article XX with respect to the Mercosur exception and the Panel’s interpretation of “arbitrary” discrimination with respect to the used tyres exemption. Upon a preliminary reading of the report, I

The Real World Impact of WTO Rulings: Chiquita

Reuters reports: Shares of banana importer Chiquita Brands International Inc jumped over 9 percent on Tuesday on reports a World Trade Organization panel has ruled in favor of Ecuador in a challenge to the EU's banana tariff policy. Oppenheimer analyst Barry Sine said in a note to clients

The Real World Impact of WTO Rulings

Yesterday, the Appellate Body upheld many of the violations found in an earlier panel report relating to Japan's countervailing duties on Korean DRAMS. Today, the markets reacted: Seoul shares gained more than 2 percent on Thursday, as local institutional investors chased beaten-down blue chips and chip maker Hynix

Coming Soon: The Brazil - Tyres AB Report

On December 3, the Appellate Body is scheduled to issue the Brazil - Tyres report. There will be a lot of things said about GATT Article XX, all of which should be interesting and informative. In addition, though, there is a slight posssiblity that the AB will clarify GATT Article