In a conventional compulsory arbitration, the arbitrator faces no restraints in terms of deciding how to settle the dispute. Such arbitrations have certain disadvantages, namely, parties to the dispute have little incentive to reach a mutually satisfactory solution to their dispute during negotiations, and parties also have little incentive to act constructively during arbitration. The World Trade Organization (WTO) dispute settlement system does favor parties to reach a mutually agreed solution to their dispute. Thus, one may wonder why WTO arbitrations have been carried out so far as conventional compulsory arbitrations. It arguably makes sense to ask if it would make sense to change the arbitration procedure, in order to better achieve the aims of WTO dispute settlement.
Keywords:
World Trade Organization, dispute settlement, arbitration
Author Biography
Jaime Tijmes, Universidad de la Frontera
Profesor del Departamento de Ciencias Jurídicas, Universidad de La Frontera, Temuco, Chile
Tijmes, J. (2017). A critical view of arbitration procedures in the World Trade Organization. Estudios Internacionales, 49(186), Pág. 119–136. https://doi.org/10.5354/0719-3769.2017.45220
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