JOB/DSB/6  
19 September  2023 
(23-6189) Page: 1/2 
 Original:  English  
 
  
DISPUTE SETTLEMENT REFORM DISCUSSION : 
A THOUGHT ON THE PROCESS  
COMMUNICATION FROM INDONESIA  
The following communication, dated 15 September 2023, is being circulated at the request of  the 
delegation of  Indonesia . 
 
_______________  
 
 
The following proposal is without prejudice to Indonesia's positions or views and its participation in 
the ongoing informal discussion.  
 
1  INTRODUCTION  
1.1.  At the outset, Indonesia shares the view of many Members who believe that the dispute 
settlement system, as elaborated  by the Dispute Settlement Understanding (DSU), Article 3.2 in 
particular, is central in providing security and predictability to the multilateral trading system . 
1.2.  Such belie f is evident in the  participation of WTO Members in the WTO Dispute Settlement 
System that is substantially improved as compared to the Dispute Settlement System under the 
GATT 1947. 
1.3.  To date, more than 600 disputes have been brought  by the Members to the WTO Dispute 
Settleme nt System both  by developing and developed countries . This indicates that Members value  
and trust  the system , and that while minor flaws exist, the system has worked well for Members . 
1.4.  Our beli ef in the system has driven us to be  one of the frequent users of the WTO Dispute 
Settlement System in recent times . In fact, o ur participation in the system has significantly increased 
since the system was introduced along with the establishment of the WTO in 1995. 
2  INDONESIA 'S THOUGHT ON HOW THE DISPUTE SETTLEMENT REFORM DISCUSSION 
SHOULD BE CARRIED OUT 
2.1.  In developing this proposal, Indonesia recalls Paragraph s 3 and 4 of the Ministerial Conference 
Outcome Document, that:  
a. reaffirmed the foundational principles o f the WTO and set out that the work on WTO reform 
shall be Member -driven, open, transparent, inclusive, and must address the interests of 
all Members, including development issues ; and 
b. recognizes the importance and urgency of addressing the challenges and concerns with 
respect to the dispute settlement system including those related to the Appellate Body, 
and the need to conduct discussions with the view to having a fully and well -functioning 
dispute settlement system accessible to all Members by 2024.  
2.2.  In fulfilling the mandate, Indonesia also recognizes the importance of the informal discussions 
on the Dispute Settlement Reform in addressing Members ' interests and matters surrounding the 
WTO Dispute Settlement System as well as the hard work of all particip ants of the discussion in the 
last 2 years.  JOB/DSB/6  
- 2 - 
  2.3.  We observed, however, that many  Members from developing countries and LDCs, who 
inherently do not have a dedicated delegate for the dispute settlement reform issue, experience 
difficulties in fully and effectively participating in the informal discussion due to conflicting schedule 
between such discussion and other formal meetings or negotiations . This situation will also create 
gaps in knowledge  and understanding of developing and LDC Members about the progress of the 
discussion , and consequently preven t them from making active and valuable contribution  during the  
whole process.  Such challenges  need to be seriously taken into consideration and addressed with 
concrete solutions.  
2.4.  With that in mind, in keep ing with the Minister's mandates as enshrined in Paragraphs 3 and 4 
of the Outcome Document of the WTO MC12, Indonesia proposes the following thoughts with the 
aim of increasing the full and effective participation of developing and LDC Members throughout the 
process of the WTO Dispute Settlement Reform discussion:  
a. The discussions on the WTO Dispute Settlement System should be carried out by the 
Dispute Settlement Body and/or the General Council in an inclusive and transparent 
manner , and shall be open to a ll Members.  
b. In this regard, the functional differentiation based on the level of participation as proposed 
by the facilitator could serve the purpose of optimizing the flow of discussion . 
Nevertheless, it should be designed to foster inclusivity and, witho ut undermining the 
Member 's equal rights to contribute their views and for the views to be reflected in the 
text. 
c. The discussions /meetings, including small -group meetings,  should be based on a 
structural plan to avoid conflicted agenda and schedule of meetings mainly with other 
negotiations . 
d. Minimize the proliferation of open -ended meetings conducted without written records and, 
consider distributing annotated agendas befor e scheduled meetings . 
e. Any time in the course of the discussions, any WTO Member may introduce new proposals, 
comments, or positions without prejudice to the ongoing discussion as the process is 
Member -driven in nature . 
f. At the end of each meeting, the facilitator will  prepare a report to document the progress 
of the discussion and next steps . 
g. All information, submissions, or proposals from Members should be reflected in the 
meeting documents  and are accessible  by all Members  on a dedicated webpage of the 
WTO website if necessary . 
h. Any documents  issued  as a result of  the discussions will be treated as  confidential . 
__________