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TERM |
DEFINITION |
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Advisory Opinion
|
A nonbinding
statement by a tribunal of its interpretation of the law or a matter
submitted for that purpose. |
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Alternative dispute resolution (ADR)
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A procedure for settling a dispute by means other than litigation,
such as arbitration, mediation, or mini-trial.
|
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Amicus curiae
|
(Latin “friend of the court”) A person who is not a party to a
lawsuit but who petitions the court/tribunal or is requested by the
court/tribunal to file a brief in the action because that person has a
strong interest in the subject matter.
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Appellate Body |
An
independent body, such as the WTO Appellate Body, that hears appeals
by a party to the dispute on issues of law covered in a ruling by a
tribunal of first instance, such as a panel.
|
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Applicable law
|
Body of law that the
tribunal must consider in rendering a decision on a dispute or claim.
|
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Arbitration
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A method of
dispute resolution involving one or more neutral third parties who are
usually agreed to by the disputing parties and whose decision
(“award”) is binding. |
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Cause of action |
A group of operative
facts giving rise to one or more bases for bringing a claim.
|
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Choice
of forum |
Choice of the jurisdiction or tribunal in which a claim
might be heard. |
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Claim |
The aggregate of operative facts giving
rise to a right enforceable by a court/tribunal. |
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Code of conduct
|
A written set of rules governing the behavior of specified groups.
See Customs Procedures, page 23, where this text may have a
slightly different meaning. |
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Complaint
|
The
initial pleading that starts a civil action and states the basis for
the court’s/tribunal’s jurisdiction, the basis for the plaintiff’s
claim, and the demand for relief. |
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Conciliation |
An
alternative dispute resolution mechanism in which a neutral person
meets with the the parties to a dispute and explores how the dispute
might be resolved. |
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Consultations |
Mechanism by which parties consult or confer on a matter, which may be
a prerequisite before seeking the establishment of a panel or
tribunal to rule on the matter. |
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Cross-sector retaliation |
Retaliation (suspension of benefits) exercised in a sector other
than the sector specifically affected by the measure in dispute;
e.g., retaliation in the services sector for a measure affecting goods. |
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Mediation |
A method of non-binding dispute resolution involving a neutral third
party who tries to help the disputing parties reach a mutually
agreeable solution. |
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New York Convention |
United Nations Convention on the Recognition and Enforcement of
Foreign Arbitral Awards, done at New York on June 10, 1958. |
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Nullification or impairment |
Basis of a claim under the GATT/WTO dispute settlement system,
namely that a benefit accruing to a WTO member directly or
indirectly under the Agreement is being nullified or impaired as a
result of the failure of another member to carry out its obligations
under the Agreement. Non-violation nullification or
impairment is a claim that a benefit is being nullified or impaired
as a result of the application of a measure whether or not it
conflicts with the provisions of the Agreement. |
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Panel |
Body
of independent experts established to examine and issue
recommendations on a dispute. |
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Party to the dispute
|
Complaining Party or the Party complained against. |
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Panama Convention |
Inter-American Convention on International Commercial Arbitration,
done in Panama on 30 January, 1975. |
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Roster |
List
of individuals from which the members of panels may or shall be
drawn. |
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Rules of procedure |
Rules that prescribe the procedures to be followed by the Panel. |
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Suspension of benefits |
Suspension by a Party of benefits or obligations enjoyed by another
Party under an Agreement, such as in response to, or retaliation
for, non-compliance with a ruling or recommendation by the latter
Party. Under the WTO DSU, such suspension or withdrawal of
concessions is subject to prior multilateral authorization. |
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Third party
|
A
Party that has notified an interest in a dispute proceeding and is not
a Party to the
dispute. |
|
WTO Understanding on
Rules and Procedures
Governing the
Settlement of Disputes
(DSU)
|
WTO
agreement resulting from the Uruguay Round that applies to
consultations and the
settlement of disputes between WTO member countries concerning their
rights and
obligations under the WTO Agreement. |
