The ACWL provides support to parties engaged in WTO dispute settlement.
The Advisory Centre on WTO Law was created to help developing countries improve their participation in the multilateral trading system. At the Signing Ceremony for the ACWL, the former Director-General of the WTO, Mr. Renato Ruggerio stated:
"In addition and from a systemic point of view, helping developing countries improve their participation in the multilateral trading system contributes to the credibility of the WTO. The credibility of such a rules–based system is dependent on its universality. As you are well aware, I strongly promoted universal membership of the WTO, but membership is not enough to achieve true universality. This depends on the participation of its Members in the system. In this area we face a serious challenge which is aggravated by the necessary complexity of the WTO rules and disciplines and the multiple areas it covers. If we are not sensitive, this necessary complexity may well result in an instrument of marginalisation of those who lack human resources and expertise."
The ACWL is designed to assist developing countries and customs territories to overcome such marginalisation by providing direct assistance on WTO dispute settlement proceedings. A full listing of the dispute settlement cases in which the ACWL has provided legal assistance is provided.
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.
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.
The ACWL charges modest fees for dispute settlement support
Services rendered in dispute settlement proceedings will be billed at hourly rates. Fees for ACWL Members for legal services in WTO dispute settlement proceedings range from Swiss francs 162 (US$100) per hour for Category C members, Swiss francs 243 (US$150) per hour for Category B countries, and Swiss francs 324 (US$200) per hour for Category A countries. Least-Developed Countries pay Swiss francs 40 (US$25) per hour.
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.
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.