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ARTICLE · 04 APRIL 2024

"Progressing" With The Wto Dispute Settlement Reform

With the conclusion of the 13th Ministerial Conference in Abu Dhabi, UAE (MC13), the future of the dispute settlement system of the WTO, and as a result, the effectiveness and relevance of the WTO remains ominous.

IndiaLitigation, Mediation & Arbitration

India wants to retain the WTO Dispute Settlement Body in its present two-step form, but is it the way forward?

With the conclusion of the 13th Ministerial Conference in Abu Dhabi, UAE (MC13), the future of the dispute settlement system of the WTO, and as a result, the effectiveness and relevance of the WTO remains ominous. With no conclusion on the reform and the reinstatement of the Appellate Body of the WTO, the question arises, what is the way forward?

The Past

As provided in the WTO Dispute Settlement Understanding (DSU), the governing document that created the dispute settlement system in 1996, the Appellate Body is comprised of seven members having four-year terms, with reappointments to be done by negative consensus.

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