WTO Enforcement Procedures - Featuring Arbitration - A Technical Perfection
Article from: TDM 4 (2013), in Ten years of Transnational Dispute Management (TDM)
Introduction
The purpose of the present article is to discuss the current usefulness of ADR under the existing WTO legislative frame, focusing on arbitration. The emphasis will be on unusual arbitration under Article 21 and 22 of the DSU, which forms a part of the mainstream and is cyclically relied on in the enforcement WTO proceedings In particular, availability of the arbitration under Article 25 of the DSU, which may be described as almost fully autonomous within the borders of the WTO, will be accentuated. In addition, future prospects of the use of subtly ignored Article 25 are going ...