WTO'S Online Disputes Settlement: Enriching Understanding on Rules and Procedures Governing Settlement of Disputes

Abstract

SOME authors have called for enhancing the government's role promoting Online Dispute Resolution (ODR) due to its slow growth. The problem with ODR seems to be the lack of confidence the technology itself or the law that governs ODR. To cure these problems, authors think that government should facilitate ODR. As facilitator, the government must regulate, lend its resources (fund or provide other resources), raise awareness, and induce trust. This is, of course, a challenging task due to the proliferation of the Internet. This paper, however, argues for the use of ODR the WTO's Disputes Settlement Mechanism (DSM). The use of ODR the World Trade Organization (WTO) could be the path to government promotion. The role of government is both as a facilitator and a user. As facilitator, the government provides a mechanism to settle online disputes, adapt ODR standards ODR, raise awareness of governments about ODR, and many other things. As users, governments use online mechanisms to settle their disputes and to show that ODR can be successful. Likewise, the WTO could learn from the existing ODR providers how the latter settled disputes. This paper calls for the comparison between the WTO'S mechanism and ODR, such as online negotiation, mediation, and arbitration, as provided for by the existing ODR provider. Consultation as provided for Article 4 DSU can be held as for online Negotiation. Good Offices, mediation, and conciliation DSU can be equivalent with online mediation. Panel and appellate proceedings can use online arbitration. Also arbitration as provided for article 21.3( c ), 22.6, and 25 DSU could be run the same fashion using online arbitration model. Some problems that may arise as to in writing requirement, writing submission and substantive and organizational meeting are also addressed. The use of such system is line with the WTO Dispute Settlement objective, to settle a dispute cheap, prompt, and effective. Lastly, I conclude that there is a need to amend the DSU to allow the use of online mechanism WTO'S Disputes Settlement System as well as interpreting some terms that used DSU order to make possible Online Disputes Settlement.