WTO银联案法律解读(英文).pptx

Legal Issue
INTRODUCTION
Dispute Introduction
On 15 September 2010, US requested consultations with China with respect to “certain restrictions and requirements maintained by China pertaining to electronic payment services for payment card transactions and the suppliers of those services”.
US alleged that China appears to be acting inconsistently with its obligations under Articles XVI and XVII of the GATS.
On 11 February 2011, US requested the establishment of a panel. 
At its meeting on 25 March 2011, the DSB established a panel.
On 16 July 2012, the panel report was circulated to Members.
Preliminary Ruling
On 5 July 2011, China submitted to the Panel a request for a preliminary ruling with respect to the consistency of certain aspects of the US panel request with Article of the DSU. “US panel request fails to provide a brief summary of the legal basis of plaint sufficient to present the problem clearly.”
The Panel found that US panel request makes it clear that each of the requirements allegedly imposed by China is considered to be in breach of Articles XVI:1 & 2 and Article XVII of the GATS, and concluded that China had failed to establish its claims.
Payment Card Transactions
Entities:
issuing institutions (or issuers),
acquiring institutions (or acquirers),
payment panies,
settlement banks.
A payment pany: "pany which owns trademarks of payment cards and may also provide a number of marketing, processing or other services to institutions issuing its cards.”
US: “EPS suppliers”
CN: “network operators”
Two Business Models
Card Holder
Issuer
Acquirer
Merchant
Four Party Model
Payment panies own and operate works that connect issuers and acquirers, and process transactions made in connection with payment cards.
If the acquirer and the issuer are one and the same, a transaction is referred to as an "on-us" transaction.
Two Business Models
Card Holder
Payment pany
(Issuer/Acquirer)
Merchant
Three Party Model
The payment pany itself is r