Introduction
The ACWL provides support at all stages of WTO dispute settlement
The ACWL provides support in WTO panel, Appellate Body and implementation proceedings and in reaching mutually-agreed solutions.
A list of the disputes in which the ACWL has provided legal assistance is provided at this link.
The ACWL assists countries in all stages of the WTO’s regular panel and Appellate Body proceedings as complainants, respondents and third parties. This support includes the following:
- initial assessment and preparation of the case;
- drafting consultation requests;
- drafting questions or answers to questions during consultations with the other party to the proceedings;
- drafting requests for the establishment of a panel and statements for meetings of the Dispute Settlement Body ("DSB");
- advising on the composition of the panel and the submission of a request to the Director-General to compose the panel;
- drafting panel submissions and responses to written questions from panels and other parties in the proceedings;
- advocacy at panel meetings, including answering questions from panels and parties at the meetings; and
- drafting notices of appeal and notices of other appeal, Appellate Body submissions and advocacy during Appellate Body hearings, including responding to questions.
The ACWL also provides support during the implementation phase of a dispute. Thus, the ACWL represents countries in arbitrations to determine the reasonable period of time for implementation under Article 21.3(c) of the DSU; panel proceedings to determine compliance with the recommendations and rulings of the DSB under Article 21.5 of the DSU; and arbitration proceedings to determine the level of suspension of concessions under Article 22.6 of the DSU.
When providing assistance in a dispute settlement proceeding, the ACWL works in partnership with the developing country or LDC concerned. Prior to the initiation of a dispute, the ACWL lawyers prepare a legal opinion on the strengths and weaknesses of the case. The ACWL lawyers work together with the delegates and capital-based officials to prepare for the consultations with the other party. During panel, Appellate Body and other proceedings, the ACWL lawyers work together with these officials to draft the written submissions, oral statements and answers to questions. In this manner, the ACWL combines its assistance in dispute settlement with capacity building.
The ACWL assists not only in the regular panel/Appellate Body proceedings of the WTO but also in other dispute settlement proceedings conducted in accordance with the DSU or a decision by an organ of the WTO, including good offices, conciliation, mediation and arbitration proceedings conducted pursuant to Articles 5 and 25 of the DSU.
Although an individual developing country Member or LDC that seeks the ACWL's support may not have participated frequently in WTO dispute settlement proceedings, it can nevertheless benefit from the experience gained by ACWL lawyers in previous cases. Thus, the ACWL pools the experience of each of its developing country Members and LDCs in WTO legal matters and makes the accumulated experience available to all of them. The availability of this experience ensures that developing countries and LDCs have an equal opportunity to defend their interests in WTO dispute settlement proceedings.
The ACWL charges modest fees for dispute settlement support
The ACWL charges fees in accordance with a time budget (pdf) established by the Management Board. The time budget indicates the maximum number of hours that the ACWL may charge for its services related to each procedural step in a typical WTO dispute settlement proceeding. It should be noted that not all the procedural steps listed in the time budget will necessarily occur in every proceeding.
Support in dispute settlement proceedings is billed at hourly rates. Fees range from CHF162 per hour for Category C Members, CHF243 per hour for Category B Members, and CHF324 per hour for Category A Members. LDCs pay CHF40 per hour.
As the ACWL charges hourly fees in accordance with a time budget, it is possible to calculate in advance the cost of ACWL support in a typical dispute settlement proceeding.
