- Country or region
- Indonesia
- Vietnam
- Trade topics
- Dispute settlement
- Context
- WTO - EU as third party
Summary of the case
- Complaint by: Viet Nam
- Complaint against: Indonesia
- Third parties: EU, Australia, Chile, China, India, Japan, Korea, Republic Of, Russian Federation, Taiwan (Chinese Taipei), United States
On 1 June 2015, Viet Nam requested consultations with Indonesia regarding a safeguard measure imposed by Indonesia on imports of certain flat-rolled iron or steel products and the investigation and determinations leading thereto.
Viet Nam claims that the measures are inconsistent with: • Articles I:1, XIX:1(a) and XIX:2 of the GATT 1994; and • Articles 2.1, 3.1, 4.1(a), 4.1 (b), 4.1(c), 4.2(a), 4.2 (b), 4.2(c), 12.2 and 12.3 of the Agreement on Safeguards.
On 17 September 2015, Viet Nam requested the establishment of a panel. At its meeting on 28 September 2015, the DSB established a panel. In accordance with Article 9.1 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), the panel established at the meeting of 28 September 2015 will examine this dispute and the one in DS490.
On 1 December 2015, Chinese Taipei and Viet Nam requested the Director-General to compose the panel. The Panel was composed on 9 December 2015. The panel report was circulated to WTO Members on 18 August 2017.
On 28 September 2017, Indonesia notified the Dispute Settlement Body of its decision to appeal to the Appellate Body certain issues of law and legal interpretations in the panel report. On 3 October 2017, Viet Nam notified to the DSB its decision to cross-appeal.
The Appellate Body report was circulated to WTO Members on 15 August 2018. The panel and Appellate Body reports were adopted, with recommendations to bring the measures into conformity, on 28 August 2018.
Status
The panel and Appellate Body reports were adopted, with recommendations to bring the measures into conformity on 28 August 2018.
- Consultations requested: 01 June 2015
- Panel requested: 17 September 2015
- Panel established: 28 September 2015
- Panel report circulated: 18 August 2017
- Appeal requested: 28 September 2017
- Appeal report circulated: 15 August 2018
- Panel/Appellate Body report adopted: 28 August 2018