WTO Dispute Settlement Mechanism(7)/刘成伟(32)
The issue of scope of review became a controversy in the negotiations of the new Anti-dumping Code during the Uruguay Round and centered on what standard of review should be applied by panels in examining issues of law, especially when the agreement does not specifically address an issue and whether there should be a provision limiting the extent of scrutiny by a panel of factual issues, so as to prevent panels from engaging in a de novo review of such factual issues. As to the second issue, obviously standard of review and scope of review are closely linked.
In this respect, the most prominent of these is found in the AD Agreement at Art. 17.6 which reads as follows:
“In examining the matter referred to in paragraph 5:
(i) in its assessment of the facts of the matter, the panel shall determine whether the authorities' establishment of the facts was proper and whether their evaluation of those facts was unbiased and objective. If the establishment of the facts was proper and the evaluation was unbiased and objective, even though the panel might have reached a different conclusion, the evaluation shall not be overturned;
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