World Trade Organization
Troutman Sanders International Trade Practice extends to all aspects of the World Trade Organization (WTO), including negotiations and Panel and Appellate Body proceedings regarding the General Agreement on Tariffs and Trade (GATT) and other WTO agreements. Our attorneys have represented and counseled governments in a host of WTO Panel and Appellate Body proceedings.
We have litigated several important WTO cases, including cases conducted in the official WTO languages of English and Spanish. We have represented or advised:
- The Republic of Korea in its successful challenge to the US safeguard measures on steel;
- The Republic of Argentina in its successful challenge to Chile's price-band mechanism and safeguard measures on certain agricultural products; and
- The Republic of Korea in its successful challenge to the US safeguard measures on line pipe.
Our roles in these and the many other disputes we have litigated are discussed below.
Troutman Sanders also advises companies, industry coalitions and governments on rights and obligations under the various WTO agreements. Our attorneys provide assistance ranging from commenting on draft submissions to constructing and implementing strategies for entire proceedings, including preparing strategies and submissions and conducting oral argument on behalf of client governments before Panels and the Appellate Body, and then assisting with implementation. Customization is key, in WTO dispute settlement representations, we work as part of a team established by the client government, tailoring each representation to the specific matter and any related budget constraints.
WTO PROCEEDINGS LITIGATED BY TROUTMAN SANDERS WTO PRACTICE GROUP
U.S. – Definitive Safeguard Measures on Imports of Certain Steel Products
Troutman Sanders attorneys and trade experts represented the Republic of Korea in its challenge to the US safeguard measures against nearly all steel imports. This proceeding was the largest and procedurally most complex WTO dispute settlement proceeding to date. This historic case resulted in the US termination of the safeguard measure only 10 months after its imposition.
Chile – Price-Band System and Safeguard Measures Affecting Agricultural Products
We successfully represented the Argentina Chamber of Oil Seed Manufacturers (CIARA) and advised the Republic of Argentina before the Panel and the Appellate Body. In this dispute, the Panel found Chile's price-band mechanism and safeguard measure to violate provisions of the Agriculture Agreement, the Safeguards Agreement and GATT 1994. The Appellate Body affirmed the primary findings of the Panel, with slight modifications.
Argentina – Safeguard Measures on Imports of Footwear
On behalf of the Argentine footwear industry, we assisted in the defense of one of the first WTO cases involving the Agreement on Safeguards. We worked closely with the Argentine industry and the government at each stage of the underlying Argentine investigation. At the WTO, we offered strategic advice and support at every step of the proceedings, from consultations to Panel submissions and the appeal to the Appellate Body.
Brazil – Certain Measures Affecting Trade and Investment in the Automotive Sector
We advised the Government of Brazil and Brazilian auto industry officials following the US request for consultations regarding Brazil's investment regime for automobiles. The US had initiated an investigation under Section 301, alleging violations of Brazil's commitments under the Agreement on Trade-Related Investment Measures. The consultations were successful and Brazil resolved the US concerns through a landmark bilateral agreement that terminated the Section 301 investigation and allowed the parties to avoid WTO dispute settlement proceedings. We also advised Brazil in its consultations with the EC on the auto regime.
Troutman Sanders attorneys and professionals have represented Member governments and industries during consultations and have helped negotiate settlements and avoid formal WTO dispute settlement proceedings. For example, we represented Korean producers of color television receivers in consultations regarding US antidumping procedures and US importers of footwear and the Brazilian government in proceedings regarding US countervailing duty procedures.