WTO Litigation

In the field of WTO litigation, Neil has assisted private stakeholders and governments:

  • In identifying WTO issues that underlie individual disputes, and evaluating the costs and benefits of pursuing a WTO-based strategy.

  • In all stages of panel litigation under the GATT, the Anti-Dumping Agreement, and the Agreement on Subsidies and Countervailing Measures – including: evaluation of potential claims; drafting consultation requests and panel requests; vetting the panel selection process; drafting written submissions, responses to panel questions, and rebuttal comments; preparing for and participating extensively at panel hearings; and commenting on draft panel reports.

  • In all stages of Appellate Body proceedings, including: drafting written submissions, rebuttals and third participant submissions; and preparing for and participating in hearings.

  •  In Article 21.5 (compliance) proceedings before both panels and the Appellate Body, including: strategic evaluation of governments’ compliance efforts; drafting initial requests, written submissions, rebuttals, and appellate submissions; and assisting in the preparation for hearings.

  • In Article 22.6 (retaliation) proceedings, including: quantification of the level of “nullification or impairment”, and developing strategy for presentation before the arbitrator.

 

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