WORLD TRADE ORGANIZATION (WTO)
DISPUTE SETTLEMENT AND COUNSELING
The vast majority of global commerce is subject to the rules set forth in the
agreements administered by the World Trade Organization (WTO). The rules
cover international trade in goods and services, as well as trade related aspects
of intellectual property rights, and trade related investment measures. The WTO
agreements address nearly all forms of protectionism, discriminatory treatment
by member governments, and other government measures that may frustrate
or impede cross-border trade. In this way, the WTO rules-based system helps
to level the playing field so that manufacturers, service suppliers, exporters, and
importers can conduct their cross-border business more fairly and efficiently,
while allowing member governments to regulate their domestic economies to
meet environmental, health, safety, and other public interest objectives.
Global Applicability Across All
Economic Sectors
• Technical barriers to trade and other
regulatory issues, including standards
and technical regulations
WTO rules and the issues they address extend
to virtually all economic sectors, including
energy, natural resources, raw materials, commodities of all types, manufactured products,
consumer goods, advanced technology, intellectual property, and services, and include:
• Sanitary and phytosanitary measures
related to human, animal, or plant life
or health
• Market access
• Trade related aspects of intellectual
property rights
• Government procurement
• Trade remedies, including antidumping
measures, countervailing duty measures,
and safeguard actions
Explaining WTO Rights,
Obligations, and Procedures
• Subsidies
Companies conducting business in global
markets benefit from understanding the
scope and effect of WTO rights, obligations,
and procedures, and how international
obligations intersect with cross-border
commercial transactions, global business
strategies, government regulatory flexibility,
and the resolution of trade disputes.
• Rules of origin, import licensing, customs
• Trade in services, including trade in
financial services
• Trade related investment measures
We have lawyers situated in key world capitals who are experienced with international
trade regulation and international trade
policy. We are well positioned to advise on
the full range of WTO disciplines, as well as
WTO accessions, WTO trade policy reviews,
and WTO dispute settlement.
Advancing Interests Under
International Agreements and
in the Context of Negotiations
We can also assist clients whose interests are implicated by other multilateral,
regional, or bilateral trade agreements, or
investment treaties. We can develop strategies to help clients use treaty-based rules to
secure and preserve trade, investment, and
other commercial opportunities in markets
around the world, including through the
elimination of market access barriers and
other cross-border trade impediments. We
can also assist clients with their trade policy
objectives. We can help to identify legal and
policy issues in the context of international
negotiations, from a pre-negotiation assessment of a particular industry or economic
sector, to helping to develop negotiating
positions, to the actual conduct of bilateral,
regional, or multilateral negotiations, to legislative implementation of agreement obligations, to post-agreement counseling and
dispute settlement, our team understands
the process and has substantial experience
in the entire life cycle of an international
trade agreement.
“We are well positioned to advise on the
full range of WTO disciplines, as well as WTO accessions, WTO trade policy
reviews, and WTO dispute settlement.”
Representing Private Sector
Interests and Member States
in All Facets of WTO Litigation
Finally, when other approaches are
ineffective, we have experience in representing private sector interests and
governments in all phases of WTO dispute
settlement, including:
• Assessment of national measures to
determine WTO inconsistencies and the
viability of WTO challenges and defenses
• Formal consultations (including the
preparation of written requests for consultations and advice and assistance
regarding the conduct of governmentto-government consultations)
• Panel proceedings (including the
preparation of requests to establish a
panel, advice and guidance on panel
composition, dealing with requests for
preliminary rulings from the panel, the
preparation of legal submissions and
responses to written panel questions,
and oral advocacy before the panel)
• Appeals before the WTO Appellate
Body (including analysis of panel
reports to determine potential bases for
appeal, the preparation of notices of
appeal and notices of other appeal, the
preparation of appellee and appellant
submissions, and oral advocacy before
the Appellate Body)
• Arbitrations to determine the period
of time for a member government
to implement WTO rulings based on
adopted panel reports and Appellate
Body reports
• Domestic implementation of WTO
rulings based on adopted panel
reports and Appellate Body reports
• Compliance proceedings (when there is
a dispute as to the existence or
WTO consistency of measures taken
to comply with WTO rulings)
• Proceedings to suspend tariff concessions or other obligations (retaliation
proceedings in the event that the
losing WTO member fails to bring itself
into compliance)
Learn more about our World Trade Organization (WTO) Dispute Settlement
and Counseling practice at klgates.com.
Washington DC
Frank Schweitzer
+1.202.778.9488
frank.schweitzer@klgates.com
11809
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locations, practices and registrations, visit www.klgates.com.
This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard
to any particular facts or circumstances without first consulting a lawyer.
©2014 K&L Gates LLP. All Rights Reserved.