India Petitions Against Certain Verdicts by WTO Dispute Panel

India is challenging certain parts of verdicts given by the WTO dispute settlement panel on a solar case against the US, as per communication by the World Trade Organization. However, India has won this case against the US as most of the decision is in favor of India, New Delhi has defied certain issues of law and legal clarification covered in the panel’s report or ruling.

“India hereby notifies the dispute settlement body (DSB) of its decision to appeal to the appellate body certain issues of law and legal interpretation covered in the panel report entitled US – Certain Measures Relating to the Renewable Energy Sector which was circulated on 27 June 2019,” the communication by India to WTO believed.

India has specified that it appeals and requests the appellate body to reverse the findings and conclusions of the panel with respect to the errors of law and legal interpretations contained in the report related to certain areas.

“The panel erred in holding that India did not make a prima facie case that the Minnesota solar thermal rebate under measure 10 had ongoing effects, and therefore, constituted a matter before the panel that required examination in order to provide a positive solution to the dispute,” it added.

In June this year, a WTO dispute resolution panel ruled in favor of India in a case against the US saying that America’s domestic content requirements and subsidies provided by eight of its states in the renewable energy or the solar sector are violative of global trade norms.

The US has also challenged this ruling in the WTO’s Appellate Body, which is above the dispute settlement panel.

Policies & Regulations | News published on 23/08/2019 by Moulin

 
 
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