“Since we last met, work has commenced among experts, facilitated by the six co-convenors,” Ambassador Dwarka-Canabady informed a Heads of Delegation meeting. This was the second meeting since the formal dispute settlement reform process was launched earlier this year.
The facilitator mentioned that recent meetings with the co-convenors to coordinate work “have been quite productive, not least because the co-convenors have a very clear picture in their own heads of how they want to move forward.” She emphasized the importance of ensuring that the process remains open, inclusive, and transparent. Additionally, she highlighted the ministerial instruction from the WTO's 13th Ministerial Conference (MC13) to accelerate discussions to achieve a well-functioning dispute settlement system by 2024.
At their 12th Ministerial Conference (MC12) in June 2022, WTO members acknowledged challenges and concerns regarding the dispute settlement system, including issues related to the Appellate Body. They agreed to conduct discussions aiming for a fully functional dispute settlement system accessible to all members by 2024. This commitment was reaffirmed at MC13 earlier this year.
Ambassador Dwarka-Canabady was appointed as facilitator in April, signaling the formalization of the dispute settlement reform process. Monthly Heads of Delegation meetings are being convened to provide updates on technical work by experts and allow members to share views on advancing the work.
At the first Heads of Delegation meeting on May 30, she informed members about appointing Mr. Joel Richards (Saint Vincent and the Grenadines) and Ms. Jessica Dickerson (Australia) for appeal/review; Mr. David Stranger-Jones (United Kingdom) and Ms. Claudia Diaz Paulino (Mexico) for accessibility; and Mr. Fırat Yeltekin (Türkiye) and Mr. Stacy-Paul Healy (Canada) for other issues considered at a later stage.
The facilitator noted that when presenting the work plan on dispute reform, members supported starting with issues of appeal/review and accessibility. Once these discussions mature, members could then address other issues.
Reporting for procedural matters, Claudia Diaz Paulino said a work plan was finalized for technical discussions through July's end, considering specific concerns raised by some members about scheduling conflicts with other WTO meetings. Requests regarding remote access for Geneva meetings, documentation, interpretation, and recapping previous discussions were addressed or are being addressed.
“The co-convenors recognize that how we run the process is integral to the very nature of the outcome,” Ms Diaz Paulino stated. “To achieve substantive results, it is critical that our processes respond favorably to members' needs to build trust and maintain transparency and inclusivity.”
Reporting on substantive issues of appeal/review and accessibility, Mr. Richards outlined sub-topics:
For appeal/review:
- Access to mechanism
- Clarifying adjudicators’ expectations
- Form of mechanism
- Reducing/changing incentives to appeal
- Scope of review
- Standard of review
For accessibility:
- Meaning of accessibility
- Costs/administrative burdens (including funding mechanism)
- Technical assistance/capacity building
- Existing support mechanisms
- Expedited procedures/alternative dispute resolution
The first technical meeting on appeal/review occurred on June 19 focusing on scope and standard of review sub-topics. Members expressed views or concerns and raised new ideas or suggestions regarding these sub-topics.
On accessibility, Mr. Richards announced that its first technical session would be held on June 21. The session will recap informal process work, hear proponents' interests/proposals, identify areas with convergence if time permits discussing costs/administrative burdens with further discussion continuing on July 4.
Ambassador Dwarka-Canabady commended the six co-convenors for starting well and noted two meetings per issue would occur by mid-July along with consultations between June 24 - July 1.
The next Heads of Delegation meeting on dispute settlement reform is scheduled for July 18.
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