Overview
- India filed a formal communication to the WTO General Council on Thursday that poses detailed legal, institutional and procedural questions about using an ‘interim arrangement’ to implement the Agreement on Electronic Commerce.
- The e‑commerce pact was negotiated under the Joint Statement Initiative and has been accepted by 66 members but failed to be added to Annex 4 after no consensus was reached on February 18 and December 16, 2025.
- New Delhi asks for the legal basis for the WTO Director‑General to act as depositary and to receive instruments of acceptance for the pact, noting the Marrakesh Agreement ties that role to WTO agreements or Annex 4 plurilateral agreements.
- India also questioned the WTO Secretariat’s role and use of Secretariat resources to service the ECA and has requested that participating countries submit written responses to be circulated as an official WTO document and placed on the General Council agenda.
- The dispute raises a broader governance question about whether plurilateral outcomes can be run through WTO channels without full membership consensus, a precedent that could reshape how future multi‑member, limited‑participation deals are implemented and serviced.