How Really does Debate Settlement System of WTO Work?
The
dispute settlement procedures used by the World Trade Organization (WTO) are
based on the GATT 1947 dispute settlement rules, which have been in place for
nearly 50 years. Finding a positive solution to the dispute is the fundamental
goal of this dispute resolution method. Because Vietnam is a member of the
World Trade Organization, it may use the WTO's dispute settlement mechanism in
disputes with other WTO members.
The
parties to a dispute at the World Trade Organization (WTO) will first hold
consultations to come up with a mutually agreed-upon solution to the dispute
(Consultation – the stage of mediation). Third parties, who are members with a
significant interest and desire to participate in the dispute resolution
process, may participate in each case if they feel they have a significant
interest in the case and should be considered by the panel. On account of a
fruitless request, a board of 3 to 5 individuals will be laid out and entrusted
with looking at a specific issue in debate based on WTO rules refered to by the
petitioner's country.
According
to Article 12.3 of the DSU, the first thing a panel to review the complaint
must do is establish a timetable for its proceedings. The contents of Article
12 and Annex 3 of the DSU are typically covered by the panel procedure, which
allows for some flexibility to guarantee the quality of the report without
delaying the proceedings. The parties can be more proactive in presenting
evidence, bases, and arguments in their submitted documents by understanding
the contents and deadlines of a timetable.
The
panel will enter the internal discussion phase (deliberation) following the
hearings to evaluate the assessment of relevant legal and practical issues in
accordance with WTO regulations. The deliberation must be kept secret. The
parties to the dispute were not present when these reports were written;
rather, they were written based solely on the information that was provided and
the remarks that were made earlier. Individual assessments of hearers
introduced in a board report will exclude the names of speakers of such
sentiments.
Within
two weeks of the panel's conclusion of the mid-term review, the final report
will be sent to the dispute parties. Regularly, every report of the board has
extremely huge substance, to work with the investigation of audit by the
redrafting body and to cite case regulation, the report should show the chapter
by chapter list and sections which are discrete numbered in the request for the
report. After the DSB adopts a panel report, the dispute resolution process
will immediately proceed to the implementation stage if there is no appeal. The
case will be reviewed at the appellate level if there is an appeal.
As
a member of the World Trade Organization, Vietnam must be well-versed in the
dispute resolution process and fully prepared for disputes with other WTO
members in international trade disputes.
ANT Lawyers have Litigation and Dispute lawyers in Hanoi, Da Nang and Ho Chi Minh City that help clients dealing with dispute
resolution and alternative dispute resolution in Vietnam.
0 nhận xét:
Đăng nhận xét