An examination of GATT/WTO arbitration procedures

From: Dispute Resolution Journal | Date: November 1, 1999| Author: | Copyright information

Arbitration is often preferred to traditional court proceedings because it can offer the prospect of reaching a relatively economical final solution by specialist arbitrators through a quick and often less formal procedure. The discrete character of arbitral proceedings can add to its attractiveness, particularly when trade secrets are involved. Furthermore, arbitral awards are quite easily enforced both in the country of origin and abroad. It can be said that the two basic principles underlying arbitration are that of party autonomy and that of limited judicial review of arbitral awards. The ...

Read all of this article with a FREE trial to HighBeam Research

Related newspaper, magazine, and trade journal articles from HighBeam Research

(Including press releases, facts, information, and biographies)

WTO Dispute Settlement at Ten: Evolution, Experiences, and Evaluation
; ...324 complaints - more cases than dispute settlement under the GATT 1947 had dealt with...negotiations, and the challenges to the dispute settlement system. Keywords: WTO, Dispute Settlement, DSU Review Negotiations JEL-Codes...
The WTO Dispute Settlement Procedure under Review - How to Induce better Compliance?
; ...records of WTO Member States under the dispute settlement system. Different approaches are...small countries participation in WTO dispute settlement in recent years indicating a reduction...process of WTO rulings. Keywords: WTO dispute settlement, Power imbalance JEL Codes: F 13...
The WTO dispute settlement system: Prospects for reform
; ...INTRODUCTION Whether as a result of the Dispute Settlement Understanding (DSU) Review in Geneva...World Trade Organization's (WTO) dispute settlement system has lately become the subject...that have been raised regarding the dispute settlement system by John Ragostal and others...
Negotiating the Review of the WTO Dispute Settlement Understanding
; ...Negotiating the Review of the WTO Dispute Settlement Understanding Cameron May Ltd., London...905017 170, 125.00 / US$ 238.00 I The Dispute Settlement Understanding (DSU) of the WTO celebrated...1947 dealt with in nearly 50 years. Dispute settlement in the WTO has become a ...
Can the WTO dispute settlement body be a judicial tribunal rather than a diplomatic club?
; ...should private parties have to WTO dispute settlement proceedings, and what level of participation...or more directly though the WTO dispute settlement mechanism itself? These are important...qualitative impact on the results of WTO dispute settlement cases. Politically, they are ...
Defining the factors that influence developing country compliance with and participation in the WTO dispute settlement system: Another look at the dispute over bananas
; ...is on understanding how well the dispute settlement mechanism of the WTO meets the needs...compliance with and participation in the dispute settlement mechanism of the WTO.1 The diplomats...developing countries, of the WTO dispute settlement system. The importance of political...
Operation of WTO dispute settlement panels: Assessing proposals for reform
; ...World Trade Organizes tion (WTO) dispute settlement panels, depends not only upon the...proposals for reform of the WTO dispute settlement panels must be seen against the backdrop...transparency. II. CHALLENGES FAcING THE DISPUTE SETTLEMENT SYSTEM The WTO dispute ...
WTO dispute settlement: Three years in review
; ...THE FUTURE OF WTO DISPUTE SETTLEMENT by Andrew W. Shoyer...Organization (WTO) dispute settlement rules and procedures...revisions to the Dispute Settlement Understanding (DSU...transparency in the dispute settlement process, and should...matters raised in dispute ...
WTO's role in dispute settlement, THE INDEPENDENT
; ...increasing use of the WTO's impartial dispute settlement system to air their grievances and...countries respect their commitments. The dispute settlement system underpins the widely held...of trade disputes. Through binding dispute settlement, governments can insure that the...
Participation by private counsel in World Trade Organization dispute settlement proceedings
; ...the World Trade Organization1 (WTO) dispute settlement process and the relevant considerations...amount of litigation before the WTO dispute settlement process and the planned upcoming...private lawyers to represent them in dispute settlement proceedings, and (2) the subsidiary...