Arbitration and the World Trade Organization—The Forgotten Provisions of Article 25 of the Dispute Settlement Understanding

Abstract

This article explores one of the most forgotten provisions in the World Trade Organization’s (WTO’s) large body of agreements, namely, Article 25 of the Dispute Settlement Understanding (DSU) and considers the use of arbitration as an alternative means of dispute settlement under the DSU. Given the intense interest in the WTO dispute settlement mechanism and the unique importance of arbitration, Article 25 is worthy of study. It is a highly useful provision, which, were it invoked more often, could ease the dispute settlement process for the parties involved. This examination of Article 25, its genesis, and current usage patterns, also takes in a background look at the WTO dispute settlement mechanism through a procedural lens and pays particular attention to Arab countries’ participation (or non-participation) in WTO dispute settlement proceedings.