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Dispute Settlement

WTO Panel Cases to which Canada is a Party

1. Canada - European Communities - Asbestos

   • Canada disappointed with the WTO Appellate Body's Decision
     News Release - March 12, 2001
     WTO Appellate Body Report - March 12, 2001
   • Canada to Appeal WTO Decision Regarding France's Ban On Chrysotile Asbestos
     News Release - September 18, 2000
   • Fact Sheet on Chrysotile Asbestos (.pdf format)
   • WTO Panel Report
   
   
   

2. Canada/Brazil WTO Regional Aircraft Dispute

   • Link to updated information and background documentation, including WTO reports.
   
   
   

3. Canada - US - Term of Patent Protection

   • WTO Arbitration Report - February 28, 2001 (pdf)
   • Government Tables Amendments to Bring Patent Act Into Conformity with WTO Agreement
     News Release and Backgrounder - February 20, 2001
   • Canada disappointed with WTO Appellate Body Decision
     News Release and Backgrounder - September 18, 2000
   • WTO Appelate Body Report
   • Canada to Appeal WTO Ruling
     News Release and Backgrounder - May 5, 2000
   • WTO Panel Report
     The Report is reproduced in two parts (pdf)
     Part I (pages 1-30) Part II (pages 31-163)
   
   
   

4. Canada - European Union Panel - Patent Protection of Pharmaceutical Products

   • Link to the WTO Arbitration Report - August 18, 2000 (pdf)
   • "Canada Welcomes Adoption of WTO Ruling"
     News Release - April 7, 2000
   • "Canada Welcomes WTO Ruling on EU Challenge of Canada's Pharmaceutical Patent Regime"
     News Release - March 17, 2000
     Including a Profile of Canada's Pharmaceutical Industry and Details of the Early Working and Stockpiling Exceptions.
   • Report of the WTO Panel (pdf)
     (Note that the Report contains 222 pages)
   • Case Summary
   
   
   

5. Canada - Australia Measures Affecting Importation of Salmon - Recourse to Article 21.5 by Canada

   • Bilateral Agreement between Canada and Australia - May 16, 2000
     See letters of agreement between Canada and Australia
   • Canada and Australia Reach Agreement on Salmon
     News Release including a Backgrounder - May 16, 2000
   • Australian Measures on Imports of Canadian Salmon violate WTO Rules, Concludes Panel - News Release - February 18, 2000
   • Backgrounder - February 18, 2000 (including: History of the Dispute, Recent Developments and Next Steps)
   • Canada Goes to WTO on Australian Salmon Ban
     News Release - July 5, 1999
   • Government seeks input on possible retaliation against Australia
     News Release - May 28, 1999 (includes a Backgrounder)
   
   
   

6. Canada - Japan/EU - Certain Measures Affecting the Automotive Industry

   • Award of the Arbitrator under Article 21.3(c) - October 4, 2000 (pdf)
   • WTO Appellate Body Issues Report on Auto Pact
     News Release - May 31, 2000 (including a Chronology of the Dispute)
   • Link to the WTO Appellate Body Report - May 31, 2000 (pdf)
   • Canada to Appeal WTO Panel Ruling on Autos
     News Release - February 11, 2000
     Including a Backgrounder
   • Report of the WTO Panel - February 11, 2000
   
   
   

7. Canada - New Zealand/US - Measures Affecting the Importation of Milk and the Exportation of Dairy Products

   • Canada Announces End of Dairy WTO Dispute
     News Release - May 9, 2003

   • Canada disappointed with WTO Dairy Decision
     News Release and Backgrounder - December 20, 2002
     WTO - Appelate Body Report - December 20, 2002
     pdf - 48 pages, 123 KB

   • Canada Appeals WTO Dairy Ruling
     News Release - September 23, 2002
     Backgrounders
     • All About Canada's Dairy Industry
     • Chronology: Canada-United States-New Zealand WTO Dairy Dispute
     • WTO Dairy Challenges
   • Report of the WTO Panel - July 26, 2002
     (pdf - 318 pages, 313 KB)
   • Canada to Appeal WTO Dairy Ruling
     News Release - June 24, 2002
   • WTO Appellate Ruling Good News for Canadian Dairy Industry
     News Release and Backgrounder - December 3, 2001
   • WTO Report of the Appelate body - December 3, 2001
   • Status Report on the Dispute - Updated November 2001, including:
     • WTO Dispute Settlement Panel Report - May 1999
     • WTO Appellate Body Report - October 1999
     • Adoption by the WTO Dispute Settlement Body - October 1999
     • Implementation
     • WTO Compliant Commercial Export Contracts
     • WTO Compliance Panel
     • Agreement Between Canada, New Zealand and the USA Pursuant to Article 21.3(b) of the Dispute Settlement Understanding (DSU) - December 22, 1999
   
   
   

8. Canada - EU - Beef Hormones

   • Update on the Dispute (August 11, 2005)
   • EU- Beef Hormones - Canada Retaliates Against the EU
     News Release and History of the Dispute - July 29, 1999
   • EU - Beef Hormones - Canada receives WTO Arbitration Report
     News Release - July 12, 1999
   • Canada will request WTO authority to retaliate against the EU
     News Release - May 14, 1999
   
   
   

9. Canada - US - Certain Measures Concerning Periodicals

10. Canada - US - Measures Treating Export Restraints as Subsidies

    • Minister Pettigrew Welcomes WTO Panel Ruling on Export Restraints
      News Release - June 29, 2001
    • WTO Panel Report - June 29, 2001
      Part I, Part II, Part III
    • Constitution of the Panel Established at the Request of Canada - Note by the Secretariat - October 27, 2000
    • Pettigrew Announces Establishment of WTO Panel
      News Release - September 11, 2000
    • Request for Establishment of a Panel by Canada - July 25, 2000
    • Request for Consultations by Canada - May 24, 2000
    
    
    

11. Canada - United States - Final Dumping Determination on softwood lumber from Canada

    • United States - Final Dumping Determination on Softwood Lumber from Canada - Recourse to Article 21.5 of the DSU by Canada - April 3, 2006
      • Annex A (pdf)
      • Annex B (pdf)
      • Annex C (pdf)
      • Annex D (pdf)
      • Annex E (pdf)
      • Annex F (pdf)
      • Summary of the case DS264
    • Request by the United States for Arbitration under Article 22.6 of the DSU – May 31, 2005
    • Understanding between Canada and the United States Regarding Procedures under Articles 21 and 22 of the DSU (Sequencing Agreement) - May 27, 2005
    • Canada Requests WTO Panel to Review U.S. Implementation in Softwood Lumber Dumping Case
      News Release - May 20, 2005
    • Recourse to Article 22.2 of the DSU by Canada (Request for Authority to Suspend Concessions Against the United States) - May 19, 2005
    • Recourse to Article 21.5 of the DSU by Canada (Request for the Establishment of a Compliance Panel to Review the Measures Taken by the United States to Comply with the DSB Rulings and Recommendations) - May 19, 2005
    • Modification to Agreement on Period of Time for Implementation - February 14, 2005
    • Agreement on Period of Time for Implementation - December 6, 2004
    • Adoption of Appellate Body and Panel Report - August 31, 2004
    • WTO Appellate Body Rules in Canada's Favour on Softwood Anti-Dumping Duties
      News Release - August 11, 2004
    • Appellate Body Report - August 11, 2004
    • Communication from the Appelate Body - July 8, 2004
    • WTO Panel Decision on Softwood Anti-Dumping Determination
      News Release - April 13, 2004
      Panel Report - April 13, 2004
      • Part 1
      • Part 2
      • Part 3
      • Part 4
      • Part 5
    • Communication from the Chair - December 8, 2003
    • Communication from the Chair - August 29, 2003
    • Constitution of a Panel Established at the Request of Canada - March 5, 2003
    • Request for the Establishment of a Panel Presented by Canada - December 9, 2002
    • Request for Consultations by Canada - September 13, 2002
    • "Pettigrew launches new WTO Challenge of U.S. Lumber Dumping Determination"
      News Release - September 13, 2002

    Background information about the softwood lumber dispute...
    

12. Canada - United States - Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada

    • WTO Supports Canada's Position on Softwood Lumber (pdf)
      News Release - December 5, 2005
    • WTO Compliance Panel Finds U.S. Countervailing Duties on Canadian Softwood Lumber Exports Illegal
      News Release - August 1, 2005
    • Compliance Panel Report - August 1, 2005
      • Part 1
      • Part 2
      • Part 3
      • Part 4
      • Part 5
    • Understanding between Canada and the United States Regarding Procedures under Articles 21 and 22 of the DSU (Sequencing Agreement) - January 14, 2005
    • Request by the United States for Arbitration under Article 22.6 of the DSU - January 13, 2005
    • Recourse to Article 22.2 of the DSU by Canada (Request for Authority to Suspend Concessions Against the United States) - December 30, 2004
    • Recourse to Article 21.5 of the DSU by Canada (Request for the Establishment of a Compliance Panel to Review the Measures Taken by the United States to Comply with the DSB Rulings and Recommendations) - December 30, 2004
    • Softwood Lumber: Canada Denounces U.S. Department of Commerce Determination
      News Release - December 14, 2004
    • Agreement on Period of Time for Implementation - April 28, 2004
    • Adoption of Appellate Body and Panel Reports - February 17, 2004
    • Appellate Body Report - January 19, 2004
    • Corrigendum - August 29, 2003
    • Panel Report - August 29, 2003
      • Part 1
      • Part 2
      • Part 3
      • Part 4
      • Part 5
    • Pettigrew welcomes Positive Interim WTO Decision on Softwood Lumber
      News Release and Backgrounder - May 27, 2003
    • Communication from the Chair - May 16, 2003
    • Constitution of a Panel Established at the Request of Canada - November 12, 2002
    • Request for the Establishment of a Panel Presented by Canada - July 19, 2002
    • Request for Consultations by Canada - May 3, 2002
    
    Background information about the softwood lumber dispute...
    
    

13. Canada - United States - Investigation of the International Trade Commission in softwood lumber from Canada

    • Softwood Lumber: Canada wins Appeal at WTO (pdf)
      News Release - April 13, 2006
    • Canada to Appeal WTO Panel's Conclusions on Softwood Lumber (pdf - part 1 | part 2)
      News Release - November 15, 2005
    • Understanding between Canada and the United States Regarding Procedures under Articles 21 and 22 of the DSU (Sequencing Agreement) – February 23, 2005
    • Request by the United States for Arbitration under Article 22.6 of the DSU - February 23, 2005
    • Recourse to Article 22.2 of the DSU by Canada (Request for Authority to Suspend Concessions Against the United States) - February 14, 2005
    • Recourse to Article 21.5 of the DSU by Canada (Request for the Establishment of a Compliance Panel to Review the Measures Taken by the United States to Comply with the DSB Rulings and Recommendations) - February 14, 2005
    • Statement by Minister Peterson on Softwood Lumber - February 9, 2005
    • Agreement on Period of Time for Implementation - October 1, 2004
    • Adoption of Panel Report - April 26, 2004
    • News Release - March 22, 2004
    • Panel Report - March 22, 2004
      • Part I
      • Part II
      • Part III
      • Part IV
    • Communication from the Chair - December 24, 2003
    • WTO Releases Interim Report on Softwood Lumber
      News Release - December 19, 2003
    • Constitution of a Panel Established at the Request of Canada - July 2, 2003
    • Request for the Establishment of a Panel - April 4, 2003
    • Request for Consultations by Canada - January 7, 2003
    
    Background information about the softwood lumber dispute...
    
    

14. Canada - United States - Preliminary Determinations with Respect to Certain Softwood Lumber from Canada (DS236)

    • Canada Wins Key WTO Lumber Decision
      News Release and Backgrounder - September 27, 2002
    • WTO Panel Report - September 16, 2002
      Part I (126 pages, 600 KB)
      Part II (21 pages, 100 KB)
      Part III (19 pages, 58 KB)
    • Canada Wins Key WTO Lumber Dispute
      News Release and Backgrounder - July 26, 2002
    • Constitution of a Panel Established at the Request of Canada - February 8, 2002
    • Canada Asks WTO Director General to Appoint Lumber Dispute Panellists
      News Release and Backgrounder - January 22, 2002
    • WTO Panel to Review Unfair U.S. Duties on Canadian Softwood Lumber
      News Release and Backgrounder - December 5, 2001
    • Request for the Establishment of a Panel Presented by Canada - October 26, 2001
    • Request for Consultation by Canada - August 27, 2001

    Background information about the softwood lumber dispute...
    

15. Canada - US - Section 129(C)(1) of the Uruguay Round Agreement Act

    • Report of the Panel - July 15, 2002
    • Communication from the Chair - May 2, 2002
    • Constitution of the Panel established at the request of Canada
      Note by the Secretariat - October 31, 2001
    • Minister Pettigrew announces Canada's Request to Establish a WTO Panel
      News Release - July 16, 2001
    • Request for establishment of a Panel by Canada - July 13, 2001
    • Request for Consultations by Canada - Section 129(C)(1) of the Uruguay Round Agreement Act - January 22, 2001
    • Pettigrew announces WTO Consultations with U.S.
      News Release and Backgrounder - January 17, 2001
      
      

16. Canada/Other Countries - US - Continued Dumping and Subsidy Offset Act of 2000 (DS 234) (Byrd Amendment)

17. Canada - U.S. - Measures Relating to Exports of Wheat and Treatment of Imported Grain (DS276)

    • WTO upholds favourable Ruling on Canadian Wheat Board
      News Release - August 30, 2004
      WTO Appellate Body Report - August 30, 2004
    • WTO Report on Canadian Wheat Board Victory Made Public
      News Release and Backgrounder - April 6, 2004
    • WTO Panel Report - April 6, 2004
      • Annex A
      • Annex B

    • WTO Panel Report Supports Canada's Position on Key Canadian Wheat Board Issue
      News Release and Backgrounder - February 10, 2004

    • Canada Will Defend its Wheat Policies Before WTO
      News Release and Backgrounder - March 31, 2003

    • Request for the Establishment of a Panel by the United States
      (pdf - 2 pages, 77 KB)

18. Canada - U.S. - Investigation of the International Trade Commission in Hard Red Spring Wheat from Canada
    

    • Canada Asks for WTO Consultations with U.S. on Hard Red Spring Wheat
      News Release - April 8, 2004

19. Canada Initiates WTO Proceedings against the European Union on GMOs
    News Release and Backgrounder - May 13, 2003
    Chronology (pdf 2 pages, 51 KB)

Dispute Settlement Understanding (DSU)

WTO - Dispute Settlement Understanding (DSU)
Given that there are over 140 Members of the World Trade Organization (WTO), including nearly all of the major trading countries, it should not be surprising that trade disputes arise from time to time concerning the interpretation of the rules contained in the WTO Agreements and how they are being applied by WTO Members. To learn more…

Chapter 11

NAFTA - Chapter 11 - Investment

Chapters 19 & 20

NAFTA - Decisions and Reports - Chapters 19 and 20

U.S. Trade Remedy

U.S. Trade Remedy Law: The Canadian Experience
(PDF 270 pages, 732 KB)
Second Edition - 1985-2000
This study describes U.S. anti-dumping, countervailing, and safeguard legislation in addition to outlining Canada's experience with U.S. trade remedy laws in cases brought against Canadian products.