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The law governing the World Trade Organization (WTO) is complex and highly specialized. Our lawyers have extensive experience including drafting pleadings, preparing evidence and participating in WTO Members’ delegations in numerous dispute settlement proceedings. We have acted for both complainants and respondents.
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DISPUTE EXAMPLE 1: |
We advised in the defense of the first WTO dispute involving the interpretation of a WTO Member's commitment on basic telecommunication services.
In Mexico – Measures Affecting Telecommunications Services, a WTO panel had to interpret the meaning of the telecommunications inscriptions in Mexico's Schedule of Specific Commitments annexed to the General Agreement on Trade in Services (GATS) and the associated reference paper on the regulatory framework for basic telecommunications services.
The issues raised were novel and complex, as reflected in the voluminous submissions filed by the participating parties. |
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DISPUTE EXAMPLE 2: |
We also played a role in both the prosecution and defence of disputes involving export subsidies conferred upon regional aircraft.
In Brazil – Export Financing Programme for Aircraft, Canada – Measures Affecting the Export of Civilian Aircraft and Canada – Export Credits and Loan Guarantees for Regional Aircraft, a series of WTO panels, arbitrators and the Appellate Body addressed a wide range of legal and factual issues pertaining to export subsidies in the regional aircraft sector.
These disputes are notable for complex litigation issues including jurisdictional issues, burden of proof, fact finding by a panel and the drawing of adverse inferences by a panel. |
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DISPUTE EXAMPLE 3: |
We advised on the merits of challenging the Helms-Burton bill. Although it did not proceed to a dispute settlement panel, the case, United States – The Cuban Liberty and Solidarity Act, raised important issues of sovereignty, extra-territoriality and national security. |
List Of Disputes*:
Disputes in which the firm has been actively
involved include the following:
| Brazil |
| Brazil – Export Financing Programme for Aircraft , WT/DS46/R |
| Brazil – Export Financing Programme for Aircraft , WT/DS46/AB/R |
| Brazil – Export Financing Programme for Aircraft – Recourse by Canada to Article 21.5 of the DSU , WT/DS46/RW |
| Brazil – Export Financing Programme for Aircraft – Recourse by Canada to Article 21.5 of the DSU , WT/DS46/AB/RW |
| Brazil – Export Financing Programme for Aircraft – Recourse to Arbitration by Brazil under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement , WT/DS46/ARB |
| Brazil – Export Financing Programme for Aircraft – Second Recourse by Canada to Article 21.5 of the DSU , WT/DS46/RW/2 |
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| Canada |
| Canada – Certain Measures Affecting the Automotive Industry , WT/DS139/R, WT/DS142/R |
| Canada – Certain Measures Affecting the Automotive Industry , WT/DS139/AB/R, WT/DS142/AB/R |
| Canada – Certain Measures Affecting the Automotive Industry – Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes , WT/DS139/12, WT/DS142/12 |
| Canada – Export Credits and Loan Guarantees for Regional Aircraft , WT/DS222/R |
| Canada – Export Credits and Loan Guarantees for Regional Aircraft – Recourse to Arbitration by Canada under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement , WT/DS222/ARB |
| Canada – Measures Affecting the Export of Civilian Aircraft , WT/DS70/R |
| Canada – Measures Affecting the Export of Civilian Aircraft , WT/DS70/AB/R |
| Canada – Measures Affecting the Export of Civilian Aircraft – Recourse by Brazil to Article 21.5 of the DSU , WT/DS70/RW |
| Canada – Measures Affecting the Export of Civilian Aircraft – Recourse by Brazil to Article 21.5 of the DSU , WT/DS70/AB/RW |
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| European Communities |
| European Communities – Measures Affecting Asbestos and Asbestos-Containing Products , WT/DS135/R |
| European Communities – Measures Affecting Asbestos and Asbestos-Containing Products , WT/DS135/AB/R |
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| Mexico |
| Mexico – Measures Affecting Telecommunications Services , WT/DS204/R |
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| United States |
| United States – Continued Dumping and Subsidy Offset Act of 2000 , WT/DS217/R, WT/DS234/R |
| United States – Continued Dumping and Subsidy Offset Act of 2000 , WT/DS217/AB/R, WT/DS234/AB/R |
| United States – Continued Dumping and Subsidy Offset Act of 2000 – Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes , WT/DS217/14, WT/DS234/22 |
| United States – Investigation of the International Trade Commission in Softwood Lumber from Canada , WT/DS277/R |
| United States – Measures Treating Export Restraints as Subsidies , WT/DS194/R |
* This list is not exhaustive. We have also provided advice to clients on numerous other WTO disputes without playing an active role in the proceedings. |
