Brazil Cotton — Important WTO Decision Makes Trade Retaliation Operational
28 September 2009
Mayer Brown Legal Update
In an arbitration panel decision handed down on 31 August 2009, the World Trade Organization (WTO) clarified how and to what extent the industries of a WTO Member government may be targeted for countermeasures when the government has provided WTO-illegal subsidies. Brazil had been seeking $2.68 billion in countermeasures, threatening to “cross-retaliate” by targeting US intellectual property rights and service businesses. However, the panel awarded only $294.7 million for fiscal year 2006.