The dispute settlement system is a cornerstone of the World Trade Organization (WTO). It allows WTO Members to enforce their rights against other Members through independent and impartial adjudication of disputes.

The WTO dispute settlement system allows Members to participate as third parties in dispute proceedings between two or more other Members.

Since 1995 more than 600 disputes have been brought to the WTO and over 350 rulings have been issued.

Australia and WTO disputes

It's in Australia's interest for international trade under the WTO to be open, equitable and enforceable.

The WTO’s dispute settlement process enables Australia to take dispute settlement action if another trading partner is not complying with its WTO commitments.

Australia is also able to participate as a third party in a dispute between other WTO Members if we have an interest in the matter under dispute.

The dispute process

If another WTO Member is not complying with its obligations to the detriment of Australian exporters or companies, the Australian Government will commonly raise concerns in the relevant WTO Committee/s and seek bilateral discussions with the trading partner to settle the dispute. If the dispute is not settled, the government will consider initiating a formal complaint under WTO dispute settlement procedures.

WTO disputes generally take around two years to conclude, although this timeframe can extend to approximately four years if initial decisions are appealed.

Implementation and compliance proceedings may also extend the matters in some cases.

Australia's involvement in WTO disputes

Since 1995 Australia has been involved in disputes as a complainant, a respondent and as a third party. For example, we successfully challenged Korean and United States meat import restrictions to deliver benefits for Australian farmers. More recently, we successfully challenged Canadian restrictions on the sale of wine, securing increased access to the Canadian market for Australian winemakers.

Australia is currently a principal party in one WTO dispute and a third party in several other WTO disputes.