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Part VI The Settlement of Trade Disputes in the WTO and Bilateral/Regional Trade Agreements, Ch.40 Alternative Dispute Settlement in the GATT and the WTO

Amy Porges

From: The Oxford Handbook of International Trade Law (2e) (2nd Edition)

Edited By: Daniel Bethlehem, Donald McRae, Rodney Neufeld, Isabelle Van Damme

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Arbitration — Mediation

Governments have settled disputes in the GATT/WTO system not just through formal panel procedures and negotiation, but also through arbitration, mediation, conciliation, good offices, and other alternative dispute resolution (ADR) mechanisms. Trade disputes typically begin in negotiation, and it is negotiation that determines post-litigation outcomes. Parties may seek mediation or other ADR as a substitute or addition to WTO litigation, and they may also use party-controlled arbitration. This chapter provides a history of WTO/GATT ADR and discusses possible use of WTO arbitration in the proposed Multi-Party Interim Appeal Arbitration Arrangement (MPIA) or otherwise.

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