Enhancing the Efficiency of the Panel Process at the WTO

Abstract

This paper describes the informal consultation process held by the author and his World Trade Organization (WTO) colleagues, aimed at improving the procedures of WTO dispute settlement panels. In this process, government officials as well as a variety of other practitioners, such as panelists, members of the Appellate Body, the Advisory Centre on WTO Law, trade lawyers, among others, were consulted. The aim was to find ideas that could help enhance the efficiency of the panel process and reduce costs. This exercise was limited to possible improvements that could be made without amending the text of the Dispute Settlement Understanding (DSU) itself. Many of the conclusions reached have been successfully applied in proceedings, such as early questions posed by the panel to the parties to make the first substantive meeting more effective, time-limits on oral statements and the reduction of annexes. Other suggestions have yet to be tested in practice, such as double-briefing, which aims to make the first meeting of the Panel with the parties more fruitful, as well as the selection of experts to assist panels and the questions posed to them. This paper should be of assistance if similar consultations are held in the future, thereby playing a part in making small but significant procedural changes to improve the WTO dispute settlement mechanism.