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WTO Dispute Resolution

Can a private company initiate a WTO dispute?

No, only states can sue at the WTO. However, private companies drive the process by lobbying their government and providing the necessary evidence and legal arguments to initiate a case.

What issues can be challenged?

You can challenge unfair trade barriers, discriminatory taxes, illegal subsidies, restrictive sanitary measures, and violations of intellectual property rights (TRIPS) affecting your exports.

How can a lawyer help?

We analyze foreign regulations against WTO agreements, prepare legal briefs for the government, and assist in strategy to pressure the offending country to remove barriers.

Is WTO dispute resolution effective?

Yes, it has a high compliance rate. Even the threat of a dispute often leads to a negotiated solution. If a ruling is ignored, retaliatory sanctions can be authorized.

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2 min

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WTO Dispute Resolution is a high-level international law service concerning trade conflicts between states. However, behind these disputes often lie the interests of specific business sectors and large exporters. When one country imposes unfair tariffs, quotas, or technical barriers on another's products, it violates WTO rules. As a WTO member, Georgia benefits from the organization's protection mechanisms. This service involves consulting the private sector on how to lobby the government to activate WTO mechanisms or how to defend against anti-dumping and anti-subsidy investigations. Lawyers help companies gather evidence of market distortion and prepare a legal position for presentation in Geneva.

What Does WTO Dispute Service Cover?

Specialists work within international trade law:

  • Trade Barrier Analysis: Assessing if a foreign regulation (e.g., sanitary norms) violates WTO agreements (GATT, GATS, TRIPS).
  • Anti-Dumping Disputes: Defending Georgian exporters against foreign anti-dumping duties.
  • Government Consulting: Preparing legal arguments for the government on behalf of business to initiate a WTO dispute.
  • Subsidy Analysis: Determining if a foreign competitor receives prohibited state aid.
  • Tariff Classification Disputes: Challenging incorrect HS Code assignments.

Real-World Scenarios Where You Need This Service

WTO law is relevant for major industries:

  • Wine Embargo: A foreign country imposes a discriminatory tax on Georgian wine. Winemakers need a legal path to protest.
  • Metallurgy: Europe or the US imposes anti-dumping duties on Georgian ferroalloys. Proof is needed that no dumping occurred.
  • Transit Restrictions: A neighboring country blocks Georgian cargo, violating transit freedom principles.

Georgian Legal Framework and Regulations

Georgia has been a WTO member since 2000. This means the WTO Marrakesh Agreement and its annexes are part of Georgian legislation with superior legal force. Locally, the Law on Anti-Dumping Measures in Trade regulates internal market protection. Dispute resolution takes place at the WTO Dispute Settlement Body (DSB) in Geneva.

Service Process Step-by-Step

The process is long and strategic:

  1. Infringement Identification: Business spots an export problem.
  2. Legal Expertise: Lawyer checks for WTO rule violations.
  3. Lobbying: Approaching the Ministry of Economy for the state to start official consultations.
  4. Panel Establishment: If consultations fail, the case goes to an arbitration panel.

Why Choose Legal.ge?

International trade law is an elite field. Legal.ge gives you access to experts with experience in Geneva processes and trade policy. We help protect your export interests on the global stage.

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Specialists for this service

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