The role of WTO in international trade dispute settlement and inclusion of ADR options: a comparative analysis of WIPO, ADR mechanism with WTO dispute settlement mechanism

Abstract

The World Trade Organization (WTO) is responsible for overseeing and promoting international trade. Its Dispute Settlement Process encounters challenges in imposing trade sanctions and enforcing panel reports. The DSS has been subject to criticism due to systematic and legitimacy problems. These issues have raised concerns about the effectiveness and fairness of the process. As a result, the implementation of trade sanctions and the enforcement of panel reports have become challenging tasks for the WTO. One potential solution to alleviate the burden faced by the WTO is to include all alternative dispute resolution (ADR) options, like those employed by the World Intellectual Property Organization (WIPO), within the Dispute Settlement System. The WIPO's dispute settlement mechanism offers a range of ADR methods, such as mediation, arbitration, and expedited arbitration, which provide parties with more flexibility and control over the resolution process. Overall, the inclusion of all ADR options, as seen in the WIPO's Dispute Settlement System, can address the systematic and legitimacy problems faced by the WTO. By providing parties with more flexibility, control, and efficient resolution methods, the burden on the WTO can be reduced, leading to a more effective and efficient dispute settlement process.