Article 4 (consultations)

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Article 4 (consultations) is a key provision of the WTO Dispute Settlement Understanding that establishes the procedures and timelines for mandatory consultations between members before formal dispute proceedings are initiated.


Statements (45)
Predicate Object
instanceOf WTO legal provision
article of the Understanding on Rules and Procedures Governing the Settlement of Disputes
appliesIn state-to-state disputes under WTO covered agreements
appliesTo WTO Members
basedOn principle of good faith consultations
bindingOn all WTO Members
characterizedAs mandatory consultations stage
codifiedIn Marrakesh Agreement Establishing the World Trade Organization – Annex 2
conditionFor requesting establishment of a panel under the DSU
designedTo preserve Members’ rights under the covered agreements
promote prompt settlement of disputes
enshrines obligation to give sympathetic consideration to representations made by other Members
entryIntoForce 1 January 1995
establishes conditions for treating consultations as failed
procedures for requesting consultations
time limits for holding consultations
governs initiation of WTO dispute settlement cases
implementedBy WTO Members’ trade ministries and missions in Geneva
interpretedBy WTO Appellate Body (when it was operational)
WTO panels
jurisdiction World Trade Organization
language English
French
Spanish
legalNature procedural rule
linkedTo Article 3 of the DSU
Article 5 of the DSU
Article 6 of the DSU
objective to avoid unnecessary litigation in the WTO dispute settlement system
to provide an opportunity for clarifying facts and legal issues
partOf WTO Dispute Settlement Understanding
phaseOf pre-panel stage of WTO dispute settlement
proceduralStage first formal step in WTO dispute settlement process
purpose to encourage mutually agreed solutions between WTO Members
to establish mandatory consultations before initiation of WTO dispute settlement proceedings
relatedConcept amicable settlement of disputes
mutually agreed solution
requires Members to attempt to settle disputes through consultations
requesting Member to enter into consultations before requesting establishment of a panel
responding Member to reply to a request for consultations
requiresNotificationTo Dispute Settlement Body
shortName Article 4 DSU
status in force
subjectMatter consultations in WTO dispute settlement
yearAdopted 1994

Referenced by (1)
Subject (surface form when different) Predicate
Dispute Settlement Understanding
containsProvision

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