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During the 22 May session of the Dispute Settlement Body, member nations examined a Chinese petition to form a panel investigating Indian policies on solar cells, solar modules, and information technology imports. The newly appointed DSB Chair, Ambassador Guilherme de Aguiar Patriota from Brazil, delivered remarks about progressing the WTO’s discussions on reforming dispute settlement.
Beijing submitted its initial bid for a dispute panel to assess whether India’s duties on specific imported technology products and its incentive programs for solar energy—which China alleges require using domestic rather than foreign goods—align with India’s WTO obligations. China indicated that consultations with India aimed at a mutually agreeable outcome took place but failed to settle the matter, leading to the panel request. China urged members to foster technological and industrial advancement through collaboration that respects WTO rules, instead of employing restrictive or discriminatory practices that undermine fair competition, interrupt supply chains, heighten uncertainty for firms and operators, and harm the sustainable growth of global renewable energy and technology industries.
India voiced disappointment over China’s panel request and stated it could not accept it. India highlighted its participation in extensive consultations seeking a mutually acceptable resolution and expressed surprise that China had not genuinely examined the contested measures, asserting that those measures fully comply with WTO regulations. India further noted the irony that a nation estimated to hold over 80% of the global solar module production value chain would act to hinder the legitimate expansion of this sector in other countries, given the need for reliable and varied supply sources. The DSB acknowledged the statements and agreed to revisit the issue if a requesting member so desires.
Colombia, representing 130 members, submitted for the 97th time a proposal to initiate selection procedures to fill Appellate Body vacancies. Colombia remarked that the broad backing for the proposal underscores shared interest in the Appellate Body’s operation and the wider WTO dispute settlement system. The United States declared its opposition to the proposed decision, restating its fundamental objections to WTO dispute settlement and arguing that the proposal fails to tackle those issues. The US questioned the utility of repeatedly raising this agenda point and suggested that a more constructive step would be to introduce a dispute settlement reform item that goes beyond merely reinstating an Appellate Body with its inherent flaws.
Twenty-six members, including the EU-27, then spoke, reaffirming their backing for the joint proposal and the pressing need to reestablish a fully operational dispute settlement system. Several members stressed the importance of continued work on dispute settlement reform in Geneva after the 14th Ministerial Conference held in Yaounde in late March. Approximately a dozen members urged others to explore joining the Multi-Party Interim Appeal Arbitration Arrangement, which allows arbitration under Article 25 of the Dispute Settlement Understanding when an appeal arises between participating members. Colombia, on behalf of the 130 members, expressed regret that for the 97th time members could not launch the selection processes, stating that ongoing reform discussions should not hinder the Appellate Body’s full functioning and that members must fulfill their obligation to fill vacancies as they occur.
Ambassador Patriota, the new DSB Chair, delivered a statement on dispute settlement reform discussions. He noted that during a 6-7 May meeting, the General Council Chair urged members to work, when appropriate, toward a fully effective dispute settlement system—a goal established and reiterated at prior ministerial conferences. The Chair stated it was his responsibility to gather members’ perspectives on this critical issue and his intention to assess current positions on past work, how to restart reform talks promptly, and the foundation for future efforts. He observed that shifts in the global trade landscape since late 2024 might require renewed consideration of whether earlier explored topics still enjoy consensus among members. The prior discussions produced several options that need reconfirmation and, if feasible, refinement, he added. In this context, hearing members’ views on whether previous technical work could serve as a basis for future engagement might prove valuable. The Chair announced that an informal plenary session dedicated to dispute settlement reform would be organized soon, likely right after the next DSB meeting on 23 June.
The United States submitted status reports concerning disputes over anti-dumping measures on hot-rolled steel from Japan, Section 110(5) of the US Copyright Act, anti-dumping and countervailing duties on large residential washers from Korea, and certain methodologies in anti-dumping cases involving China. The European Union presented status reports on measures related to palm oil and oil palm crop-based biofuels, biotech product approval and marketing, and additional palm oil and oil palm crop-based biofuel measures. Indonesia filed status reports on the importation of horticultural products, animals, and animal products.
The subsequent regular DSB meeting is scheduled for 23 June 2026.
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