Book contents
- Frontmatter
- Contents
- Notes on contributors
- Acknowledgements
- Table of dispute settlement cases and reports
- List of abbreviations
- Introduction
- PART I The WTO at Ten
- PART II Accomplishments and Future Prospects of the WTO Dispute Settlement System
- 3 The WTO dispute settlement system after ten years: the first decade's promises and challenges
- 4 WTO dispute settlement practice 1995–2005: lessons from the past and future challenges
- 5 Evaluating WTO dispute settlement: what results have been achieved through consultations and implementation of panel reports?
- 6 The responsibilities of a WTO Member found to have violated WTO law
- 7 ‘Public–private partnerships’ in WTO dispute settlement: the US and EU experience
- 8 Accomplishments of the WTO dispute settlement mechanism
- 9 Arbitration as an alternative to litigation in the WTO: observations in the light of the 2005 banana tariff arbitrations
- 10 The evolving WTO dispute settlement system
- PART III Asian Perspectives on WTO Dispute Settlement
- PART IV The Doha Development Agenda and Beyond
- PART V Asian Regional Integration and the Multilateral Trading System
- Index
9 - Arbitration as an alternative to litigation in the WTO: observations in the light of the 2005 banana tariff arbitrations
from PART II - Accomplishments and Future Prospects of the WTO Dispute Settlement System
Published online by Cambridge University Press: 05 March 2012
Book contents
- Frontmatter
- Contents
- Notes on contributors
- Acknowledgements
- Table of dispute settlement cases and reports
- List of abbreviations
- Introduction
- PART I The WTO at Ten
- PART II Accomplishments and Future Prospects of the WTO Dispute Settlement System
- 3 The WTO dispute settlement system after ten years: the first decade's promises and challenges
- 4 WTO dispute settlement practice 1995–2005: lessons from the past and future challenges
- 5 Evaluating WTO dispute settlement: what results have been achieved through consultations and implementation of panel reports?
- 6 The responsibilities of a WTO Member found to have violated WTO law
- 7 ‘Public–private partnerships’ in WTO dispute settlement: the US and EU experience
- 8 Accomplishments of the WTO dispute settlement mechanism
- 9 Arbitration as an alternative to litigation in the WTO: observations in the light of the 2005 banana tariff arbitrations
- 10 The evolving WTO dispute settlement system
- PART III Asian Perspectives on WTO Dispute Settlement
- PART IV The Doha Development Agenda and Beyond
- PART V Asian Regional Integration and the Multilateral Trading System
- Index
Summary
This [Arbitral] Chamber is to have all the virtues which the law lacks. It is to be expeditious where the law is slow, cheap where the law is costly, simple where the law is technical, a peace-maker instead of a stirrer up of strife.
At the inauguration of the London Court of Arbitration in 1892
Commercial arbitration is … uncommonly well adapted to developing new rules and practices better suited to the conditions of the modern world.
Sir Robert JenningsThe 2005 Banana Tariff Arbitrations were arguably the most important arbitrations to have been conducted under the auspices of the World Trade Organization (WTO). These arbitrations examined issues of economic and political significance for the multiple complainants and third parties involved. They raised questions of substantive complexity entailing a workload comparable to litigation in WTO panel and Appellate Body proceedings. The Banana Tariff Arbitrations were however unique compared to previous cases litigated in the WTO. They were held outside the scope of normal WTO dispute settlement procedures set out in the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and, as such, were the first sui generis arbitrations held under the auspices of the WTO. Furthermore, they involved procedures and time-frames that differed significantly from cases previously litigated in the WTO and were completed extremely expeditiously in comparison. Arguably, as an alternative to litigation in the WTO, the Banana Tariff Arbitrations were a resounding success.
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- The WTO in the Twenty-first CenturyDispute Settlement, Negotiations, and Regionalism in Asia, pp. 212 - 247Publisher: Cambridge University PressPrint publication year: 2007
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