INTERNATIONAL ARBITRATION: LAW AND PRACTICE UNDER DISPUTE SETTLEMENT UNDERSTANDING

WTO disputes can be resolved through the arbitration process under Article 25 DSU. An Article 25 DSU arbitration can be initiated at any stage of a dispute, including on appeal from a panel decision. It produces decisions that are binding on the parties and are enforceable in the same way as panel and Appellate Body decisions adopted by the DSB. The objective of this study is to outline the main features of the dispute settlement mechanism by the arbitration process under DSU. This research will discuss the WTO dispute settlement system through the arbitration process, outlining its main features and functions. It will analyze the details of compliance with recommendations made through the process. It will then study the drawbacks of the process and will examine the arbitration process through whether the DSU had a successful outcome.