India filed a notice of appeal in the dispute (DS456) with the United States concerning “certain measures relating to solar cells and solar modules”. India appeals certain issues of law covered by the panel report and certain legal interpretations developed by the panel in this dispute.
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.
