WTO:2012 NEWS ITEMS.5 January 2012. On 5 January 2012, the United States notified the Dispute Settlement Body of its decision to appeal the panel report in dispute case DS406, “United States — Measures Affecting the Production and Sale of Clove Cigarettes”.
Further information will be available within the next few days in document WT/DS406/6
Parties to a dispute can appeal a panel's ruling. Appeals have to be based on points of law, such as legal interpretation — they cannot re-open factual findings made by the panel. Each appeal is heard by three members of a permanent seven-member Appellate Body comprising persons of recognized authority and unaffiliated with any government. The Appellate Body membership broadly represents the geographic range of WTO membership, with each member appointed for a fixed term. Generally, the Appellate Body has up to 3 months to conclude its report.x
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