Geneva: India today notified the Dispute Settlement Body (“DSB”) of its decision to appeal to the Appellate Body (“AB”) in the case brought by the European Union regarding certain issues of law covered in the Panel Report and certain legal interpretations developed by the Panel in the dispute “India –Tariff Treatment on Certain Goods” in the Information and Communications Technology Sector.
The appeal was circulated to WTO members today. Under Rule 20(1) of the Working Procedures for Appellate Review, India simultaneously filed this Notice of Appeal with the Appellate Body Secretariat.
Notice of Appeal provides an indicative list of the paragraphs of the Panel Report containing the alleged errors of law and legal interpretation by the Panel in its report, without prejudice to India’s ability to rely on other paragraphs of the Panel Report in its appeal.
India sought review by the Appellate Body of the errors of law and legal interpretation by the Panel in its Report and requested findings by the Appellate Body as noted below.
Non-appeal of an issue does not signify agreement therewith, it stated.
In May 2023, India filed an appeal in a similar dispute case initiated by Japan regarding the tariff treatment that India accords to certain goods in the information and communications technology sector.
Given the ongoing lack of agreement among WTO members regarding the filling of Appellate Body vacancies, there is no Appellate Body Division available at the current time to deal with the appeals, WTO said.
Read the full appeal here.
– global bihari bureau
