Law4u - Made in India

What Is India’s Position on WTO Dispute Resolution Mechanisms?

Answer By law4u team

The dispute settlement system of the WTO, governed by the Dispute Settlement Understanding (DSU), is a key element in ensuring that trade rules are respected. It provides a structured process for resolving trade disputes between member countries.

India strongly supports a fair, rule-based multilateral trading system, and thus values the WTO dispute resolution mechanism. However, India has expressed serious concerns over recent dysfunctions, particularly the paralysis of the Appellate Body due to the United States blocking appointments of new judges.

India’s Position on WTO Dispute Resolution Mechanisms

Support for a Rules-Based System

India sees the WTO’s dispute resolution mechanism as crucial for upholding global trade rules and protecting the interests of developing countries.

Concerns Over Appellate Body Paralysis

India has criticized the ongoing crisis in the WTO Appellate Body, which has been non-functional since December 2019 due to the U.S. blocking judge appointments. India argues this undermines trust and effectiveness in the global trade system.

Call for Immediate Reforms

India advocates for urgent reforms to restore the Appellate Body. It stresses transparency, independence of judges, and timely resolution of appeals as critical elements of reform.

Resistance to Alternative Plurilateral Mechanisms

India remains committed to multilateralism and is cautious about joining alternative or ad-hoc dispute resolution methods (like the MPIA – Multi-Party Interim Appeal Arbitration Arrangement), which it sees as stop-gap and not inclusive.

Use of WTO Mechanisms by India

India has actively used the WTO’s dispute settlement system, both as a complainant and respondent, to defend its trade interests. Notable cases include disputes over steel, solar energy, and agricultural subsidies.

Focus on Developing Country Representation

India argues that the dispute system must account for the constraints and perspectives of developing and least-developed countries, including capacity building and fair timelines.

Recent Actions by India

Joint Statements with Other Countries

India has joined statements with other WTO members calling for the urgent restoration of the Appellate Body.

Avoiding MPIA

While many WTO members have signed on to the MPIA, India has opted not to participate, maintaining that this mechanism cannot replace the formal Appellate Body structure.

Proposals for Reform

India has submitted reform proposals to the WTO Dispute Settlement Body that emphasize judicial independence, accountability, and equitable participation.

Example

Suppose a developed country imposes high import duties on Indian pharmaceutical exports, alleging unfair pricing. India raises a dispute at the WTO and wins the panel ruling. However, the other country appeals the decision — and due to the non-functional Appellate Body, the case is stuck.

Steps India Might Take:

Engage diplomatically with the other country to resolve the issue outside of formal channels.

Push for speedy reforms in WTO to restart the Appellate Body.

Coordinate with other developing countries to pressure WTO members to act on dispute system reforms.

Maintain domestic safeguards while awaiting international resolution.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Devender Uchana

Advocate Devender Uchana

Criminal, Divorce, Family, Motor Accident, Muslim Law, Breach of Contract, Anticipatory Bail, Cheque Bounce

Get Advice
Advocate Vinod Kumar Singh

Advocate Vinod Kumar Singh

Anticipatory Bail, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Media and Entertainment, Motor Accident, Patent, Property, Medical Negligence, Trademark & Copyright, Tax

Get Advice
Advocate Deep Kumar Patwa

Advocate Deep Kumar Patwa

Criminal, Civil, Motor Accident, Revenue, Cheque Bounce

Get Advice
Advocate jitendra jain

Advocate jitendra jain

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Court Marriage, Consumer Court, Criminal, Cyber Crime, Domestic Violence, Family, Insurance, Revenue, Muslim Law, Civil, Breach of Contract, Bankruptcy & Insolvency, Armed Forces Tribunal, Arbitration, High Court, Customs & Central Excise, International Law, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Recovery, NCLT, RERA, Supreme Court, Succession Certificate

Get Advice
Advocate Ajay Kumar Jain

Advocate Ajay Kumar Jain

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Startup, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Mithilesh Kumar Singh

Advocate Mithilesh Kumar Singh

Anticipatory Bail, Cheque Bounce, Consumer Court, Family, Criminal

Get Advice
Advocate M Chiranjeevi

Advocate M Chiranjeevi

Anticipatory Bail,Arbitration,Banking & Finance,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Motor Accident,Muslim Law,Property,R.T.I,RERA,Succession Certificate,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Dinesh Sharma

Advocate Dinesh Sharma

Banking & Finance, Cheque Bounce, Civil, GST, Labour & Service, Tax

Get Advice

public international law Related Questions

Discover clear and detailed answers to common questions about public international law. Learn about procedures and more in straightforward language.