| TERM
|
DEFINITION
|
| Advisory Opinion |
A nonbinding statement by a tribunal of its interpretation of the law or a matter
submitted for that purpose.
|
| Alternative dispute resolution (ADR)
|
A procedure for settling a dispute by means other than litigation, such as arbitration, mediation, or mini-trial.
|
| 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.
|
| 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.
|
| Applicable law |
Body of law that the tribunal must consider in rendering a decision on a dispute or claim.
|
| Arbitration |
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.
|
| Cause of action
|
A group of operative facts giving rise to one or more bases for bringing a claim.
|
| Choice of forum
|
Choice of the jurisdiction or tribunal in which a claim might be heard.
|
| Claim
|
The aggregate of operative facts giving rise to a right enforceable by a court/tribunal.
|
| 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.
|
| 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.
|
| 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.
|
| 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.
|
| 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.
|
| 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.
|
| New York Convention
|
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at
New York on June 10, 1958.
|
| 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.
|
| Panel
|
Body of independent experts established to examine and issue recommendations on a dispute.
|
| Party to the dispute
|
Complaining Party or the Party complained against.
|
| Panama Convention
|
Inter-American Convention on International Commercial Arbitration, done in Panama on 30 January, 1975.
|
| Roster
|
List of individuals from which the members of panels may or shall be drawn.
|
| Rules of procedure
|
Rules that prescribe the procedures to be followed by the Panel.
|
| 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.
|
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.
|
