The World Trade Organisation (WTO) on Wednesday delivered its verdict on the
dispute between the United States and Antigua and Barbuda over the former's
prohibition of online gambling, finding once again in favour of the Caribbean
jurisdiction.
Antigua and Barbuda initially brought the case to the WTO in 2003, arguing
that by restricting the internet gambling activities of US citizens, the United
States was unfairly damaging the jurisdiction's economy, in contravention of
the General Agreement on Trade and Services (GATS).
After the US lost an arbitration proceeding under the trade dispute resolution
process of the WTO in March, both sides attempted to reach a negotiated settlement.
However, following four months of negotiations, Dr Errol Court, Antigua’s finance
minister, revealed last month that all opportunities for a mutually agreed settlement
had been “fully exhausted.”
In a statement released following delivery of the WTO verdict (which supported
a preliminary ruling on the matter issued in March of this year), spokesman
for the US Trade Representative's Office, Richard Mills expressed the USTR's
determination to vigorously contest the decision, observing that:
"Throughout our history, the United States has had restrictions on gambling,
like many other countries. Given these restrictions, it defies common sense
that the United States would make a commitment to let international gambling
operate within our borders. Antigua is arguing for a result that was never imagined,
much less bargained for."
The dispute will now go before a WTO appeal panel, and a decision is expected
next spring.