WTO Issues Panel Report On India's Domestic Content Requirements For Solar Products

On 24 February 2016, the World Trade Organization ("WTO") issued the panel report in the case brought by the United States regarding "India – Certain Measures Relating to Solar Cells and Solar Modules" (WT/DS/456). The panel concluded that the Domestic Content Requirement ("DCR") measures imposed under Phase I (Batch 1), Phase I (Batch 2), and Phase II (Batch 1) of the Jawaharlal Nehru National Solar Mission ("JNNSM"), which are incorporated or otherwise reflected in various documents within each Batch, including the Guidelines (issued by the Ministry of New and Renewable Energy) and Request for Selection documents (issued by the National Thermal Power Corporation Vidyut Vyapar Nigam Limited and the Solar Energy Corporation of India), the model power purchase agreement, and the individually executed power purchase agreements by NTPC or SECI and solar power developers, are –