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India, US solar case: WTO appellate body’s ruling in mid-Sept

India, US solar case: WTO appellate body’s ruling in mid-Sept


New Delhi: WTO’s appellate body is expected to give its ruling by mid-September in the solar mission dispute between India and the US.

In April, India had appealed against WTO’s panel ruling that the country’s power purchase agreements with solar firms are inconsistent with international norms.

“The appellate’s order is expected on September 16 or 17,” an official said. The appellate body is a standing body of seven persons. It listens to the appeals from reports issued by panels in disputes involving WTO members.

The body can uphold, modify or reverse legal findings and conclusions of a panel and its reports, once adopted by the Dispute Settlement Body, must be accepted by the parties to the dispute.

The official said that if the body would give ruling against India, the government would have to implement the order in the next 6-7 months.

Ruling against India, WTO’s dispute panel had said the government’s power purchase agreements with solar firms were “inconsistent” with international norms – a matter in which the US had filed a complaint before the global trade body alleging discrimination against American firms.

The US had dragged India to the World Trade Organisation (WTO) on this issue in 2014, alleging that the clause relating to domestic content requirement in the country’s solar power mission was discriminatory in nature and “nullified” benefits accruing to the American solar power developers.

India is also working on about dozen cases against the US for giving protection to solar panel producers in violation of WTO norms. On the India-US poultry case, the official said, India is seeking a desktop video conferencing (DVC) with America.

India had already lost the case in WTO against the US. The US has demanded USD 450 million in retaliation in this dispute.

Anand Gupta Editor - EQ Int'l Media Network


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