DS522: Canada — Measures Concerning Trade in Commercial Aircraft

DS522: Canada — Measures Concerning Trade in Commercial Aircraft

The Latest News:

On 18 June 2018, the Chair of the panel informed the DSB that due to the complexity of the dispute, the panel expected to issue its final report to the parties by the second half of 2019.

The Dispute:

On 8 February 2017, Brazil requested consultations with Canada with respect to measures concerning trade in commercial aircraft.  Brazil claimed that the measures appear to be inconsistent with Articles 3.1(a), 3.1(b), 3.2, 5(c), 6.3(a), 6.3(b), 6.3(c), 6.4 and 6.5 of the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”).

On 23 February 2017, Japan requested to join the consultations. On 24 February 2017, the European Union and the United States requested to join the consultations. Subsequently, Canada informed the Dispute Settlement Board (“DSB”) that it had accepted the requests of the European Union, Japan and the United States to join the consultations.


Panel and Appellate Body Proceedings:

On 18 August 2017, Brazil requested the establishment of a panel. At its meeting on 31 August 2017, the DSB deferred the establishment of a panel.  At its meeting on 29 September 2017, the DSB established a panel. China, the European Union, Japan, the Russian Federation, Singapore and the United States reserved their third-party rights.

There have been some procedural challenges, but the Panel was composed in February 2018.

For the full list of documents filed with the WTO, click here.


Stay Tuned…

We will provide updates on this blog as the Panel’s report becomes available.

John Reiterowski, DS Lawyers Canada, LLP


DS Customs & Trade team located in Paris, Brussels, Montreal, Toronto, Lima, Singapore, Vietnam, Beijing, Guangzhou, Dakar and Cotonou is at your disposal to provide you with additional information.






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