Alerts & Updates

Summary of the panel report in the dispute India – Export Related Measures (DS 541)

International Trade & Customs Practice | Nov 4, 2019

A WTO Panel has issued its report in the dispute India – Export Related Measures (DS 541) on 31 October 2019. The dispute was initiated by the United States in March 2018 challenging several of India’s export promotion schemes as violative of Article 3 of the Agreement on Subsidies and Countervailing Measures (SCM Agreement). The Panel has found that India acted inconsistently with its obligations under the SCM Agreement with respect to all the challenged export promotion schemes. While the current impasse surrounding the functioning of the Appellate Body makes it unclear as to when and how this report will be adopted, the findings of the Panel are important given India is already in the process of rejigging its export promotion programs. Further, the findings may have implications on the WTO-consistency of several export processing zones maintained by a number of Member Countries of the WTO.

In this alert, we summarise the key findings of the Panel and implications of the same. Should you have any questions, please feel free to write to us.

Related Articles

Alerts & Updates Litigation, Arbitration & Dispute Resolution

ELP Arbitration Weekly Update 26 September 2018

SC Rules: When a dispute resolution clause provides that...

Alerts & Updates Litigation, Arbitration & Dispute Resolution

ELP Arbitration Weekly Update 23 August 2018

In this week’s alert we update our readers on what has...

Alerts & Updates Litigation, Arbitration & Dispute Resolution

ELP Arbitration Weekly Update 13 October 2018

In this week’s update, we analyse a recent judgment of...

Alerts & Updates Litigation, Arbitration & Dispute Resolution

ELP Arbitration Update 23 August 2018

This week, we have analyzed the Bombay High Court’s...