The Review of the WTO Dispute Settlement Process

Abstract

The first request for consultations under the dispute settlement mechanism of the World Trade Organization (WTO) was filed ten days after its establishment in 1995. Thus far, more than 423 cases have been initiated under this mechanism. In addition, since 1997, Members have been engaged in a review of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), identifying areas in which the system has problems or may be improved. However, there have been difficulties in agreeing on the nature and the extent of these reforms. In the meantime, panels and the Appellate Body have resolved many of the issues under discussion in the DSU review on an ad hoc basis. There is an element of pragmatism on this approach. However, sometimes the solutions vary from case to case, adding an element of uncertainty to the handling of procedural matters in the WTO dispute settlement mechanism. Certainly, the DSU review process is an opportunity to provide consistency on these issues and is key for the enhancement of the WTO system in general. Currently, it is at risk of being left behind if the Doha Round does not move forward. This paper identifies the areas in which the dispute settlement system is being reviewed. It also identifies other areas in which no proposals have been put forward in spite of the existence of non-codified practice on those issues. Finally, the paper also identifies areas where, if not clarified or improved, would render, in the view of the authors, the DSU review negotiations meaningless.