WT/DSB/80  
20 October  2020 
(20-7184) Page: 1/2 
 Original: English  
 
  
STATEMENT ON MINIMISING COVID -19 DISRUPTIONS  
TO THE DISPUTE SETTLEMENT SYSTEM  
The following statement, delivered at the Dispute Settlement Body (DSB) meeting held on 
28 September  2020 by Australia on behalf of Brazil ; Canada ; Ecuador ; Guatemala ; 
Hong Kong,  China ; Mexico; New Zealand ; Norway ; Peru; Singapore ; Switzerland ; Ukraine  and 
the United Kingdom, is being circulated at the request  of the above -mentioned  delegations.  
 
_______________  
 
 
Australia delivers today’s statement on behalf of Brazil; Canada; Ecuador; Guatemala; 
Hong Kong,  China; Mexico; New Zealand; Norway; Peru; Singapore; Switzerland; Ukraine and the 
United Kingdom.  
 
As Members well know, t he COVID -19 pandemic is causing significant disruption across the globe  
and its impact could  continue into the foreseeable future . 
 
We wish to extend our sympathies to all Members and the WTO Secretariat for the loss of life, serious 
risks to health , and the major social and economic cris es caused by the coronavirus.  
 
As we have se en, the WTO dispute settlement system is not immune to the impacts of C OVID -19. 
 
It is encouraging that, since July, delegates  have been able to resume DSB meetings  at the WTO 
premises . However, ongoing restrictions affecting international travel and immigration place in 
question the feasibility of  physical participation of panel lists and capital -based delegates at  meetings 
in Geneva into the future.  
 
As it stands, we do not know when we will be able to resume the arrangements for work and travel 
that existed before the pandemic . Postponing substantive meetings  with panels  until conditions once 
again allow the physical attendance of our international colleagues could therefore  mean  placing  
disputes on hold indefinitely . 
 
During 2020, we have witnes sed governments , private sector organisations, and domestic and 
international adjudicative bodies  throughout the world adapt  their usual ways of working to continue 
operating in these difficult conditions.  
 
We must ensure the WTO dispute settlement syste m does the same in order to remain  functional 
and relevant.  
 
We therefore urge panels to actively consider , in consultation with parties, flexible alternative 
arrangements to ensure new disp utes and those currently under way  can continue to progress in a 
timely manner despite the challenge of  current restrictions . 
 
We recall that Article 12.1 of the DSU affords panels discretion in the working procedures they adopt 
in individual disputes, after consulting with the principal p arties.  Panels therefore have the discretion 
to determine alternative arrangements that would best serve the satisfactory settlement of the 
matters they are examining, taking into account each dispute 's unique context and factors.  
 WT/DSB/80  
- 2 - 
  In addition, Article 12. 2 of the DSU requires that panel procedures provide sufficient flexibility to 
ensure high -quality panel reports  while not unduly delaying the panel process . To this end, we call 
on panels to exercise their discretion bearing in mind the principles of promp t and positive settlement 
of disputes enshrined in Articles 3.3 and 3.7 of the DSU.  
 
Some panels have already adjusted their procedures  to hold substantive meeti ngs virtually through  
video conferencing technology.  We welcome these developments.  
 
However, to ensure the equitable operation of the dispute set tlement system, we must find solutions 
to enable  all current and future matters to move forward in one way or another.  
 
To facilitate this , we encourage  the Secretariat to assist panels and Members by outlin ing a range 
of practical options for conducting substantive meetings through alternativ e arrangements that  
adhere to the requirements of the DSU , including with regard to the confidentiality of proceedings . 
In un dertaking this , the Secreta riat could consider the ways WTO panels and other international 
dispute settlement bodies have modified their hearing procedures.  
 
We stress that we are not calling for any departure from the physical hearing format to become the 
default . We look forward w ith optimism to the time when we will be able to resume in -person 
substantive meetings free of the current, necessary restrictions.  However, until that time, we must 
find temporary, alternative  ways to conduct proceedings while  we weather the ongoing disruptions 
arising from the coronavirus pandemic.  
 
An effective, multilateral, dispu te settlement system  plays a vital role in  preserving  the rights and 
obligations of all Members under the covered agreements . We must  therefore ensure that  the current 
restrictions  on our ability to meet in person do not  prevent  the proper  functioning  of the WTO  dispute 
settlement  system . 
 
__________