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WTO Disputes

181 posts

Update on the Gambling GATS XXI Arbitration

I had been hoping that the GATS Article XXI arbitration in the Gambling dispute would be as transparent as regular WTO disputes. I'm not sure that will be the case, though, as the arbitration requests have not yet been made public on the WTO's web site

Thailand - Cigarettes II?

Many of this blog's readers are probably familiar with the old GATT Thailand - Cigarettes dispute. It looks like we might be headed for a (somewhat) similar dispute at the WTO. From an article published just in advance of the WTO complaint: The Philippine government plans to elevate the

More Gambling Arbitrations

We've already discussed the DSU Article 22.6 Gambling arbitration. Now it looks like we are headed for a GATS Article XXI arbitration: Antigua has asked the World Trade Organisation (WTO) to arbitrate in a dispute over gambling with the United States, its lawyer in the case said

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