Dispute Avoidance & Dispute Settlement

If contracting parties question or challenge the phytosanitary regulatory requirements of other parties, the IPPC provides a neutral forum for conciliation on technical issues and can also provide non-binding dispute settlement.

The Secretariat provides technical support and facilitates communication to resolve disputes according to the IPPC Dispute Settlement System established by the CPM based on the New Revised Text of the IPPC. It is a requirement that parties first consult bilaterally with the aim of resolving the problem before initiating any formal processes.

If further action is needed, the disputing parties can ask the Director-General of FAO to form an expert panel to review the situation and recommend a course of action. While the outcomes of any dispute settlement provided by the IPPC are not legally binding, the process and results will likely have significant weight if the issue is taken to the World Trade Organization (WTO) under the SPS Agreement, particularly if the issue is related to the use of international standards (ISPMs) under the IPPC.

The IPPC also provides technical support to the WTO dispute settlement process and helps identify experts for WTO panels evaluating technical phytosanitary issues. WTO dispute settlements are legally binding and can have serious economic and political consequences. Therefore, the IPPC encourages governments to begin with technical consultation with the aim of dispute avoidance.

In some cases technical assistance from FAO can provide the basis for resolution; in other cases the IPPC Secretariat can facilitate consultations or help disputing parties to identify suitable alternatives for resolution. In all cases, the IPPC emphasizes an open technical dialogue as the basis for phytosanitary dispute avoidance and settlement.

Doc # Agenda # Title Files Publication date
IPPC Roster of Experts: Nomination Form (General Expertise) En 29 Jun 2015
2013 SBDS Survey of the IPPC Dispute Settlement System En Es Fr Ru Ar Zh 15 May 2013
IPPC Roster of Experts: Nomination Form (Specific Expertise) En 29 Jun 2015
Dispute Settlement Manual - curently under review. 24 Oct 2006
Form to activate the IPPC dispute avoidance and settlement system Form to activate the IPPC Dispute Avoidance or Settlement Processes 29 Aug 2006
IPPC Dispute Settlement Advocacy document En Es Fr Ar Zh 15 Aug 2008

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