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DISPUTE SETTLEMENT: MEMBERS

Appellate Body Members

The Appellate Body is composed of seven Members who are appointed by the Dispute Settlement Body (DSB) to serve for four-year terms. Each person may be reappointed for another four-year term. Terms are staggered, ensuring that not all Members begin and complete their terms at the same time. Currently, the Appellate Body is unable to review appeals given its ongoing vacancies.

Disclaimer
The pages on this web site regarding the Appellate Body and the Appellate Body Secretariat are intended solely for information. These pages do not constitute an authoritative interpretation of the WTO Agreements, including the Understanding on Rules and Procedures Governing the Settlement of Disputes, or the Working Procedures for Appellate Review.

Each Member of the Appellate Body is required to be a person of recognized authority, with demonstrated expertise in law, international trade and the subject-matter of the covered agreements generally. They are also required to be unaffiliated with any government and are to be broadly representative of the Membership of the WTO.

A Chair is elected among the Members to serve a one-year term, which can be extended for an additional period of one year. The Chairman is responsible for the overall direction of Appellate Body business.

A Division of three Members is selected to hear each appeal; each Division elects a Presiding Member. The process for the selection of Divisions is designed to ensure randomness, unpredictability and opportunity for all Members to serve regardless of their national origin. To ensure consistency and coherence in decision-making, Divisions exchange views with the other Members of the Appellate Body before finalizing Appellate Body Reports.

The conduct of Members of the Appellate Body and of the Appellate Body Secretariat is regulated by the Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). These Rules emphasize that Appellate Body Members shall be independent, impartial, and avoid conflicts of interest. A copy of the Rules of Conduct can be found as Annex II to the Working Procedures for Appellate Review.

 

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Members of the Appellate Body and their respective terms of office

There are currently no Members of the Appellate Body. The term of the last sitting Appellate Body member expired on 30 November 2020.

 

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Former Appellate Body Members

The following table provides a listing of the persons who have served on the Appellate Body in the past:

Nationality

Term of Office

Georges Michel Abi-Saab(1)

Egypt

2000 — 2004
2004 — 2008
James Bacchus

United States

1995 — 1999
1999 — 2003

Luiz Olavo Baptista(2)

Brazil

2001 — 2005
2005 — 2009

Lilia R Bautista

Philippines

2007 — 2011

Christopher Beeby

New Zealand

1995 — 1999
1999 — 2000

Ujal Singh Bhatia(3)

India

2011 — 2015
2015 — 2019

Peter Van den Bossche(4)

Belgium

2009 — 2013
2013 — 2017

Seung Wha Chang(5)

 Korea 2012 — 2016

Claus-Dieter Ehlermann(6)

Germany

1995 — 1997
1997 — 2001

Said El-Naggar(7)

Egypt

1995 — 1999
1999 — 2000

Florentino Feliciano(8)

Philippines

1995 — 1997
1997 — 2001

Arumugamangalam Venkatachalam Ganesan(9)

India

2000 — 2004
2004 — 2008

Thomas R. Graham (10)

United States

2011 — 2015
2015 — 2019

Ricardo Ram韗ez-Hern醤dez(11)

Mexico

 2009 — 2013
2013 — 2017

Jennifer Hillman

United States

2007 — 2011
Merit E. Janow

United States

2003 — 2007

Hyun Chong Kim(12)

Korea

2016 — 2017

Julio Lacarte-Mur?/a>(13)

Uruguay

1995 — 1997
1997 — 2001

John Lockhart

Australia

2001 — 2005
2005 — 2006

Mitsuo Matsushita(14)

Japan

1995 — 1999
1999 — 2000

Shotaro Oshima(15)

Japan

 2008 — 2012

Giorgio Sacerdoti

Italy

2001 — 2005
2005 — 2009

Shree Baboo Chekitan Servansing(16)

Mauritius

 2014 — 2018

Yasuhei Taniguchi

Japan

2000 — 2003
2003 — 2007

David Unterhalter

South Africa

2006 — 2009
2009 — 2013

Yuejiao Zhang(17)

China

 2008 — 2012
2012 — 2016

Hong Zhao

China

2016 — 2020

 

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Arbitrations  

Appellate Body  Members have also been called upon to determine, through binding arbitration under Article 21.3(c) of the DSU, the 搑easonable period of time?for the implementation by a WTO Member of Appellate Body or panel rulings as recommended by the DSB.  In carrying out arbitrations under Article 21.3(c), Appellate Body Members act in an individual capacity.

 

Notes

  1. On 29 May 2008, pursuant to Rule 15, the Appellate Body notified the Chairman of the DSB that it had authorized Mr. Abi‑Saab to complete the disposition of the appeals in US — Continued Suspension (WT/DS320/AB/R) and Canada — Continued Suspension (WT/DS321/AB/R), the reports in which were circulated on 16 October 2008. back to text
  2. In a communication dated 12 November 2008 (WT/DSB/46), Mr. Baptista informed the Chairman of the DSB that, owing to health reasons, he was compelled to resign from the office of Appellate Body Member. His term of office therefore expired in February 2009. back to text
  3. Mr Bhatia should have completed his term on 11 December 2019, but was required to extend to 31 March 2020 in order to complete the appeal in Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS435/AB/R, WT/DS441/AB/R). back to text
  4. On 24 November 2017, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mr Van den Bossche to complete the disposition of the appeals to which he had been assigned prior to that date. back to text
  5. On 31 May 2016, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mr Chang to complete the disposition of the appeal in India — Solar Cells (WT/DS456/AB/R), the report in which was circulated on 16 September 2016. back to text
  6. On 20 November 2001, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mr. Ehlermann to complete the disposition of the appeal in US — Section 211 Appropriations Act (WT/DS176/AB/R), the report in which was circulated on 2 January 2002. back to text
  7. On 30 March 2000, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mr. El-Naggar to complete the disposition of the appeal in US — Lead and Bismuth II (WT/DS138/AB/R), the report in which was circulated on 10 May 2000. back to text
  8. On 20 November 2001, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mr. Feliciano to complete the disposition of the appeal in US — FSC (Article 21.5 — EC) (WT/DS108/AB/RW), the report in which was circulated on 14 January 2002. back to text
  9. On 21 April 2008, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mr. Ganesan to complete the disposition of the appeals in US — Shrimp (Thailand) (WT/DS343/AB/R) and US — Customs Bond Directive (WT/DS345/AB/R), the reports in which were circulated on 16 July 2008. back to text
  10. Mr Graham should have completed his term on 11 December 2019, but was required to extend to 31 March 2020 in order to complete the appeal in Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS435/AB/R, WT/DS441/AB/R). back to text
  11. On 30 June 2017, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mr Ram韗ez to complete the disposition of the appeals in EC and certain member States — Large Civil Aircraft (Article 21.5 — US), EU — Fatty Alcohols (Indonesia), and Indonesia — Import Licensing Regime, the reports in which were circulated on 15 May 2018, 5 September 2017, and 9 November 2017, respectively. back to text
  12. In a communication dated 1 August 2017 (WT/DSB/73), Mr. Kim notified the Chair of the Appellate Body of his intention to resign from the office of Member of the Appellate Body. His term of office therefore expired in July 2017. back to text
  13. On 20 November 2001, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mr. Lacarte-Muró to complete the disposition of the appeals in US — Section 211 Appropriations Act (WT/DS176/AB/R) and US — Line Pipe (WT/DS202/AB/R), the reports in which were circulated on 2 January 2002 and 15 February 2002, respectively. back to text
  14. On 30 March 2000, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mr. Matsushita to complete the disposition of the appeal in US — Lead and Bismuth II (WT/DS138/AB/R), the report in which was circulated on 10 May 2000. back to text
  15. In a communication dated 7 January 2012 (WT/DSB/56), Mr. Oshima notified the Chair of the Appellate Body of his intention to resign for personal reasons from the office of Member of the Appellate Body. His term of office therefore expired in April 2012. back to text
  16. Mr Servansing should have completed his term on 30 September 2018, but was required to extend to 31 March 2020 in order to complete the appeals in: United States — Measures Affecting Trade in Large Civil Aircraft (Second Complaint) Recourse to Article 21.5 of the DSU by the European Union (WT/DS353/AB/RW); Korea — Import Bans, and Testing and Certification Requirements for Radionuclides (WT/DS495/AB/R); United States — Countervailing Duty Measures on Certain Products from China Recourse to Article 21.5 of the DSU by China (WT/DS437/RW); Korea Anti Dumping Duties on Pneumatic Valves from Japan (WT/DS504/AB/R); Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WTDS435, WTDS441); Ukraine Anti-Dumping Measures on Ammonium Nitrate (WT/DS493/AB/R); Russia ?Measures Affecting the Importation of Railway Equipment and Parts Thereof (WT/DS499/AB/R). back to text
  17. On 31 May 2016, pursuant to Rule 15 of the Working Procedures for Appellate Review, the Appellate Body notified the Chairman of the DSB that it had authorized Mrs Zhang to complete the disposition of the appeals in Colombia — Textiles (WT/DS461/AB/R) and EU — Biodiesel (WT/DS473/AB/R), the reports in which were circulated on 7 June 2016 and 6 October 2016, respectively. back to text

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