There is an increasing risk of overlapping jurisdictions and conflicting decisions due to the growth of preferential trade agreements (PTA) containing dispute settlement mechanisms. This study examines legal techniques to be used for dealing with conflicts of jurisdictions and other ways of...

The WTO utilizes the trade dispute settlement mechanism in accordance with the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU). As a WTO member, Russia has the right to uphold its trade interests by means of this instrument

It has been alleged since its inception that the WTO Dispute Settlement (DS) mechanism is biased against developing countries, as manifested in e.g. allegedly too low rates of dispute initiation. To shed light on this issue, this study analyses the determinants of developing country...

This paper considers the possibilities that the member states of the WTO would adopt some kind of antitrust provision. Initially, the paper reviews the historical relation of competition policy to trade policy, from the Havana Conference to the present. It then reviews the conflicts between the...

A significant body of research has sought to examine claims that developing countries are underrepresented as complainants, and/or over-represented as respondents in the WTO dispute settlement system. Most of this literature has focused on their propensity to participate, the idea being that...

This article reflects on the suitability of including non-legal arbitrators in certain investment arbitrations. It presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with scientific-technical issues and contemplates the drawbacks of...

Following the Introduction, in subsequent sections, international commercial arbitration ("ICA") – and in particular, the public policy exception – are identified as prime initial targets for harmonization efforts. This chapter then considers the practical mechanics of harmonizing the public...