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Dispute Settlement Body

This summary has been prepared by the WTO Secretariat’s Information and External Relations Division to help public understanding about developments in WTO disputes. It is not a legal interpretation of the issues, and it is not intended as a complete account of the issues. These can be found in the reports themselves and in the minutes of the Dispute Settlement Body’s meetings.
  
China submitted its second request for the establishment of a dispute panel to determine whether tariffs applied by India to certain imported high-tech goods, as well as certain incentive measures for solar energy products that China say are contingent upon the use of domestic over imported goods, are consistent with India’s WTO commitments. India had said it was not ready to accept China’s first request for a panel at a DSB meeting on  22 May. 
China said that its concerns over India’s measures remain unresolved despite bilateral consultations. China said it believes the measures are inconsistent with the General Agreement on Tariffs and Trade, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Trade-Related Investment Measures.�
India said it regretted that China requested the establishment of a panel for the second time. India said it had already demonstrated the measures’ compliance with WTO rules during consultations. 
The DSB agreed to the establishment of the panel. �
Australia, Brazil, Canada, the European Union, Japan, the Republic of Korea, the Philippines, the Russian Federation, Singapore, Türkiye, the United Kingdom, and the United States reserved their third-party rights to participate in the proceedings. 
Under “Other business,” Malaysia and Indonesia raised concerns about the European Union’s compliance with respective rulings in DS600 “European Union and Certain Member States – Certain Measures Concerning Palm Oil and Oil Palm Crop-Based Biofuels” and in DS593 “European Union – Certain Measures Concerning Palm Oil and Oil Palm Crop-Based Biofuels.” 
The EU informed members that it had finalized a sequencing agreement with Indonesia for DS 593, providing a structured procedure which includes appeal arbitration as needed. As a result of this agreement, the EU stated that ongoing arbitration related to Indonesia’s request for sanctions arbitration under Article 22.6 of the Dispute Settlement Understanding (DSU) would need to be suspended. The EU also expressed willingness to engage bilaterally with Malaysia. 
Colombia, speaking on behalf of 130 members, introduced for the 98th time the group’s proposal to start the selection processes for filling vacancies on the Appellate Body (AB). The extensive number of members submitting the proposal reflects a common interest in the functioning of the Appellate Body and, more generally, in the functioning of the WTO’s dispute settlement system, Colombia said. 
The United States said that it does not support the proposed decision. The US reiterated that it has set out its fundamental concerns on WTO dispute settlement and that the proposal does not address those concerns. The US said a well-functioning dispute settlement system requires reform efforts and the proposal does not contribute to any reform objective.
Over 20 members then took the floor and reiterated their support for the joint proposal and for the urgent need to restore a fully functioning dispute settlement system. Several of the members that took the floor encouraged others to consider taking part in the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), which provides the possibility of resorting to arbitration under Article 25 of the DSU in case of an appeal in disputes between any two or more participating members. The list of current members of the MPIA is available here.
Colombia, on behalf of the 130 members, said it regretted that for the 98th occasion members have not been able to launch the selection processes. Ongoing conversations about reform of the dispute settlement system should not prevent the Appellate Body from continuing to operate fully, and members shall comply with their obligations under the DSU  to fill the vacancies as they arise, Colombia said for the group.�
The Chair convened an informal meeting after the regular DSB meeting to take stock of members’ positions on dispute settlement reform, particularly on their views on the technical work done previously. Before the informal meeting, the Chair said he held consultations with 20 delegations.�
Around 40 delegations, including those representing groups of members, took the floor at the meeting. The Chair, closing the meeting, noted that members provided a wealth of information on both substantive and procedural issues. He said he is continuing to monitor the situation to ensure the issue of dispute settlement reform is not overlooked, particularly during a period when the system is not fully operational. 
The Chair said he will provide a report on the informal meeting and other consultations at the next DSB meeting. 
At the regular DSB meeting, the United States presented status reports with regard to DS184, “US – Anti-Dumping Measures on Certain Hot-Rolled Steel Products from Japan”,  DS160, “United States – Section 110(5) of US Copyright Act”, DS464, “United States – Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea”, and DS471, “United States – Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China.”
The EU presented it status report with regard to DS291, “EC – Measures Affecting the Approval and Marketing of Biotech Products”.
Indonesia presented its status reports in DS477 and DS478, “Indonesia – Importation of Horticultural Products, Animals and Animal Products.”  
The next regular DSB meeting will take place on 24 July 2026.
  
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