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WTO Disputes

178 posts

New News on the China Financial News Dispute

As mentioned a couple months ago, some countries had expressed concerns that China was placing restrictions on foreign providers of news-related financial information services. Things seem to be heating up. As reported by the AP: The United States has told China to get serious about loosening restrictions on foreign

Disguised Protectionism and Brazil - Tyres

Over at Eyes on Trade, Todd Tucker had this to say in reaction to the Brazil - Tyres decision: No one would say that Brazil's enviro policy was the perfect solution to the problem. But many, many environmental policies are that imperfect. Perhaps due to other influences in the

The Gambling Arbitration: US$21 Million Per Year

From the Award: 6.1 For the reasons set out above, the Arbitrator determines that the annual level of nullification or impairment of benefits accuing to Antigua in this case is US$21 million and that Antigua has followed the principles and procedures of Article 22.3 of the DSU

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

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 see if

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