Indonesia submitted its second request for the panel after the EU declined the initial request at a DSB meeting on November 25. Indonesia emphasized its right to protect national interests and urged the EU to align its measures with WTO provisions.
The EU expressed regret over Indonesia’s decision to submit a second request, maintaining that its measures were justified and expressing confidence in prevailing in the dispute. The EU also highlighted its readiness to preserve the availability of appeal review through the Multi-party Interim Appeal Arrangement (MPIA), a measure to safeguard the right to appeal in the absence of a functioning Appellate Body.
Several countries, including Brazil, Japan, Canada, Australia, China, the United States, the United Kingdom, Türkiye, and the Russian Federation, reserved their third-party rights to participate in the proceedings.
Colombia, representing 130 members, introduced the group’s proposal for the 82nd time to start the selection processes for filling vacancies on the Appellate Body. Colombia emphasized the common interest in the functioning of the Appellate Body and the WTO’s dispute settlement system.
The United States reiterated its opposition to the proposed decision, acknowledging the substantial work on dispute settlement reform but expressing regret that members did not seize the opportunity for fundamental reform. The US cited a lack of confidence in the old system due to perceived overreach by the Appellate Body and subsequent panels, arguing that calls for its restoration undermine collective reform efforts.
Twenty-four members took the floor to comment, underscoring the importance of a fully functioning two-tiered dispute settlement system and expressing regret over the inability to fulfill the mandate set by ministers at the 12th and 13th Ministerial Conferences. Members welcomed progress in reform discussions and thanked former Ambassador Usha Dwarka-Canabady of Mauritius for facilitating formal discussions over the past six months. They also supported the General Council Chair’s proposal to initiate consultations with interested delegations early next year to build on progress and advance dispute settlement reform work.
Colombia, on behalf of the 130 members, expressed regret that members have not been able to launch the selection processes for the 82nd time. Colombia stressed that ongoing reform conversations should not prevent the Appellate Body from operating fully and that members must comply with their obligation under the Dispute Settlement Understanding to fill vacancies as they arise.
