India-US successfully resolve all seven pending WTO disputes bilaterally

Posted 27 Mar 2024

Updated 30 Mar 2024

2 min read

The disputes include:
- US's imposition of tariffs on steel and aluminium imports; India’s renewable energy subsidies for solar cells and modules etc.
Both submitted notification to WTO’s Dispute Settlement Body (DSB) of mutually agreed solution in dispute titled DS430 Concerning Importation of Certain Agricultural Products.

WTO Dispute Settlement Method: There are two main ways to settle a dispute once a complaint has been filed in the WTO.
- Mutually Agreed Solution
  - At any stage during dispute settlement process, parties can settle dispute by a “mutually agreed solution”.
  - The solutions must be consistent with relevant WTO agreement.
  - Parties are required to notify DSB and relevant committees of mutually agreed solution.
- Dispute Settlement Process
  - Consultation (60 days): Members try to reach a mutually agreeable solution through direct talks.
  - Adjudication (if consultations fail): A panel of experts is established by DSB to examine the case and deliver a report.
  - It can be appealed to Appellate Body.
  - Implementation: DSB adopts Appellate Body report, making it binding on parties.

AB was established in 1995. It has 7 members and its seat is in Geneva, Switzerland.
Decision to appoint persons to AB is taken by consensus among all WTO Members.
It has been dysfunctional since 2019, because US has blocked appointment of appellate body members.
The term of the last sitting Appellate Body member expired on 30 November 2020.

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