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6 - Evidence and Proof

Published online by Cambridge University Press:  27 January 2022

David Palmeter ,
Petros C. Mavroidis  and
Niall Meagher
David Palmeter
Affiliation:
Sidley Austin LLP
Petros C. Mavroidis
Affiliation:
Columbia University, New York
Niall Meagher
Affiliation:
Advisory Centre on WTO Law (ACWL)
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Summary

This chapter discusses the rules and procedures governing evidence and burden of proof in WTO dispute settlement proceedings. The chapter explains that the WTO follows the normal rule that a party asserting a fact or claim bears the burden of establishing that fact or claim. The chapter discusses the types of evidence that may be submitted in WTO dispute settlement proceedings, including through the use of experts (particularly in cases involving SPS measures). The chapter examines the standard of review used in WTO dispute settlement proceedings. The chapter also discusses the special rules governing confidential information, including the rules governing so-called "business confidential information" and other categories of very sensitive information.

Keywords

Evidenceburden of proofstandard of reviewconfidential informationexperts
Type
Chapter
Information
Dispute Settlement in the World Trade Organization
Practice and Procedure
 , pp. 298 - 347
Publisher: Cambridge University Press
Print publication year: 2022

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