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5 - Special Rules and Procedures

Published online by Cambridge University Press:  27 January 2022

David Palmeter
Affiliation:
Sidley Austin LLP
Petros C. Mavroidis
Affiliation:
Columbia University, New York
Niall Meagher
Affiliation:
Advisory Centre on WTO Law (ACWL)
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Summary

Many of the WTO covered agreements contain special rules and procedures that apply to dispute settlement proceedings in disputes arising out of those agreements. For example, the WTO Anti-dumping Agreement contains a controversial and much-analyzed standard of review to be applied by WTO panels in anti-dumping disputes. These rules usually apply in addition to the normal rules under the WTO Dispute Settlement Understanding. This chapter analyzes all of the special rules and procedures contained in each of the covered agreements. It also describes the special procedures applicable to developing countries under the 1966 Understanding and the developing country provisions of the DSU. Finally, the chapter discusses arbitration under the DSU, with a particular focus on the sui generis Bananas Arbitrations.

Type
Chapter
Information
Dispute Settlement in the World Trade Organization
Practice and Procedure
, pp. 243 - 297
Publisher: Cambridge University Press
Print publication year: 2022

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