The Panel Process

This paper provides an introduction to the panel process within the framework of the World Trade Organization (“WTO”) dispute settlement mechanism. After this brief introduction (I), it discusses (II) the types of complaints (that is, “violation” complaints, “non-violation” complaints and “situation” complaints); (III) who may participate in panel proceedings (including whether private counsel and non-governmental organizations may participate and whether there is a need for a “legal interest” in initiating proceedings); (IV) the object of a complaint; (V) the consultations stage; (VI) panel establishment and terms of reference; (VII) multiple panel proceedings; (VIII) panel composition; (IX) procedural stages of panel proceedings (including organizational meeting, preliminary issues and procedural objections, written submissions and oral hearings, confidentiality of proceedings); (X) third party rights; (XI) burden of proof (including timing of evidence); (XII) panel’s right to seek information (including expert review groups and duty to respond); (XIII) mandate of panels in respect of legal issues and factual issues; (XIV) interim review stage; (XV) contents of the final panel report (including the obligation to set out the basic rationale behind panel findings, duly exercise judicial economy, not to add to or diminish rights and obligations of Members, and the right to suggest how to implement the panel findings); and (XVI) conclusion of panel proceedings.1