DISPUTE RESOLUTION
We help governments and companies enforce or defend their rights under international trade and investment rules: at the WTO, under free trade agreements and investment treaties, and through mediation, conciliation and arbitration.
WTO Dispute Settlement
Marco Molina has taken part in over 50 WTO disputes, in every role the system offers: as counsel for a complaining party, including cases on anti-dumping duties, subsidies, safeguards and agricultural measures; as government representative in more than 40 disputes as a third party; and as panelist, selected by the parties, in five disputes:
India — Certain Measures Relating to Solar Cells and Solar Modules (DS456)
European Union and its Member States — Certain Measures Relating to the Energy Sector (DS476)
Australia — Anti-Dumping Measures on A4 Copy Paper (DS529)
European Union — Safeguard Measures on Certain Steel Products (DS595)
China — Anti-Dumping and Countervailing Duty Measures on Wine from Australia (DS602)
WTO Members chose him by acclamation to serve as Facilitator of the dispute settlement reform process. He edited Practical Aspects of WTO Litigation (Kluwer, 2020).
Regional and Bilateral Dispute Settlement
Marco Molina represented Guatemala in the first labour dispute under CAFTA-DR, and in disputes under the Central American dispute settlement mechanism on customs measures and tariff modifications.
Investor-State Dispute Settlement
We advise on investor-State dispute strategy and the protections offered by investment treaties, drawing on experience negotiating these treaties and advising the Government of Guatemala on investor-State matters.
Alternative Dispute Resolution
Not every dispute needs litigation. We advise and represent clients in direct negotiation, mediation, conciliation and good offices, aiming for the most efficient and cost-effective resolution.
To prevent disputes before they arise, see Legal and regulatory advice.
Commercial Arbitration
We advise on drafting arbitration clauses and support clients in arbitration proceedings.