Article | BUSINESS AND CORPORATION LAW.

Running Head: BUSINESS AND CORPORATION LAW
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International Commercial Law
10/2/2019
Business and Corporate Law
Student’s Name

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Contents
Introduction......................................................................................................................................2
Dispute resolution system................................................................................................................2
Issues in DSS of WTO.....................................................................................................................8
Concussion.......................................................................................................................................9
Bibliography..................................................................................................................................11
Books/Journals 11
Other Resources 11

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Introduction
World Trade Organization is an institute at the international level, which works as a regulator in
the context of international trade transactions between various nations. Every nation has its own
policies and laws that the judiciary uses to resolve the disputes between the parties. In this
manner when parties involved in international transaction falls into a dispute then WTO resolves
the same. The organization has it is a well-defined process and mechanism to settle the dispute
between nations. In addition to this, different bodies have also been developed which helps in
settlement and resolution of these disputes. In the presented report, the discussion will be made
on the disputes settlement process adopted by WTO. In addition to the explanation of this
process, criticism of the same will also be highlighted.
Further, there are some issues in the current dispute resolution system that will also be discussed
in the later part of the report. Lastly, the report will be ended up mentioning the conclusion that
would consist of key findings of the report.
Dispute resolution system
The dispute resolution system of WTO consists of various stages. WTO adopts two ways to
settle as a dispute. One is where parties to the dispute are settled on a solution mutually agreed
by them and secondly trough adjudication. The adjudication process includes reports from panel
and adjudication bodies. To resolve the disputes between nations, WTO has established and
developed some of the panels and bodies that specifically look into dispute resolution without
interrupting regular activities. The lead body includes the following:-
 The dispute settlement body,

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 The Director-General and the WTO secretariat,
 Panels
 Appellate body
 Arbitrators and
 Experts
The dispute settlement body deals with the dispute that happens between WTO members. DSB is
entitled to refer the matters to Appellate Body and arbitration reports and to ensure whether the
recommendations written under such reports have implemented or not1. Further, in the event of
non-compliance can take the necessary actions. This is the sole body that can establish a panel to
entertain a case. Every other authority has its own area of work, powers, and duties. For instance,
the appellate body has the right to hear the appeal against the report issued by panels2. It means
in this manner, it is a superior body of the panel that can modify or reverse the decision of the
same.
Now moving the discussion from authorities to the process of dispute settlement system this is to
state that such a system plays a significant role in the multilateral trading system. Without the
existence of such a system, rules cannot be enforced. WTO has well defined and maintained
dispute resolution system (DRS)/ Dispute settlement system (DSS) where time is defined for
each process to ensure that no process is being delayed. Here this is necessary to state that the
main motive of this system is not to pass judgment but to settle disputes, by way of consultation
mostly.
1 World Trade Organisation. Dispute Settlement Body (World Trade Organisation) <
https://www.wto.org/english/tratop_e/dispu_e/dispu_body_e.htm>.
2 Ravi Kanth, WTO Appellate Body member condemns US in farewell speech (livemint, 30 May 2019) <
https://www.livemint.com/news/world/wto-appellate-body-member-condemns-us-in-farewell-speech-
1559229670388.html>.