Dispute settlement process:
Enforcement of the rules in the WTO is through the dispute settlement process contained in the Dispute Settlement Understanding (DSU). The cause of action normally arises when a country perceives that any benefit accruing to it under an agreement is being nullified or impaired by an action of another country or by its failure to carry out its obligation under the WTO. The settlement of disputes is handled by a WTO body, called the Dispute Settlement Body (DSB). All countries of the WTO are members of the DSB.
Once the process starts, it moves efficiently. There are fixed time limits for various steps.
The very first step is to give notice to the other country and seek consultation with it. The objective is to find solution to the problem without entering into formal dispute process. If no agreement is arrived at within 60 days, the country moves the Dispute Settlement Body @SB) to form a panel for the settlement of dispute. The DSB must decide on it immediately; it cannot delay the formation of the panel beyond two meetings.
The panel is normally composed of three independent experts. It considers'the case of both sides and gives its report within 6 months. If a party decides to go in appeal against the report, a bench of three of the standing Appellate Body(AB) considers the report of the panel and gives its own report within 60 days.
The report of the paneVAT3 is considered by the DSB. The report is adopted by the DSB unless there is consensus that it should not be adopted. This "negative consensus" provision assures its acceptance, as it is not likely that there will be a consensus not to adopt it. At least one country, the one in whose favour the report goes, is bound to oppose rejection of the report, hence there cannot be a consensus not to adopt the report.If the report of the panelIAB has found the complaint substantiated, it generally recbmmends that the defendant country should take corrective action. That country then gives its time frame for implementation of the recommendation of the panel/AB. This gets discussed between the two parties. In case of disagreement on the time frame, there is a provision for arbitration within 90 days. Generally the arbitrator has the guideline in the DSU that a reasonable time for full implementation should not exceed 15 months.
In case the defendant country does not implement the recommendation of the paneVAB or if the implementation is found to be deficient, the complainant country is allowed to take retaliatory measures against it. Usually the retaliatory measure is in the form of increased tariffs on some products from that country.