Transnational Litigation, Arbitration, and Dispute Resolution

Introduction

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Introduction

Threatened by trade retaliation against U.S. exports by the European Union ("EU") and Japan, on February 14, 2012, the U.S. Department of Commerce ("DOC") announced a policy change to generally end the practice of "zeroing" in antidumping cases. The DOC had earlier ended zeroing in antidumping investigations; the February 14 policy change covers future administrative reviews of existing antidumping orders, including new shipper reviews, expedited antidumping reviews, and sunset reviews.

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Introduction

After years of controversy, a small group of countries, including the United States and European Union member states, announced in December 2010 that they had finalized a new "Anti-Counterfeiting Trade Agreement"[1] ("ACTA"). With the negotiations complete, attention has turned to a question that may at first appear obscure, but is in fact of enormous importance: Can the U.S. President make the agreement on his own, without Congressional approval?

Introduction

On April 12, 2011, the Australian Government released a Trade Policy Statement outlining a series of five principles and six disciplines that will guide Australian trade policy in the future. Having laid out a comprehensive map, the Statement pointedly expresses opposition to investor-state dispute settlement provisions in future Australian trade agreements:

Introduction

Continued rulings in World Trade Organization (WTO) disputes against the United States are having a profound effect on the WTO dispute settlement system, ongoing WTO negotiations, and U.S. anti-dumping law and practice.