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WTO'S Online Disputes Settlement: Enriching Understanding on Rules and Procedures Governing Settlement of Disputes

Authors: Paustinus Siburian;

WTO'S Online Disputes Settlement: Enriching Understanding on Rules and Procedures Governing Settlement of Disputes

Abstract

SOME authors have called for enhancing the government's role in promoting Online Dispute Resolution (ODR) due to its slow growth. The problem with ODR seems to be the lack of confidence in the technology itself or the law that governs ODR. To cure these problems, authors think that government should facilitate ODR. As facilitator, the government must regulate, lend its resources (fund or provide other resources), raise awareness, and induce trust. This is, of course, a challenging task due to the proliferation of the Internet. This paper, however, argues for the use of ODR in the WTO's Disputes Settlement Mechanism (DSM). The use of ODR in the World Trade Organization (WTO) could be the path to government promotion. The role of government is both as a facilitator and a user. As facilitator, the government provides a mechanism to settle online disputes, adapt ODR standards in ODR, raise awareness of governments about ODR, and many other things. As users, governments use online mechanisms to settle their disputes and to show that ODR can be successful. Likewise, the WTO could learn from the existing ODR providers how the latter settled disputes. This paper calls for the comparison between the WTO'S mechanism and ODR, such as online negotiation, mediation, and arbitration, as provided for by the existing ODR provider. Consultation as provided for in Article 4 DSU can be held as for online Negotiation. Good Offices, mediation, and conciliation in DSU can be equivalent with online mediation. Panel and appellate proceedings can use online arbitration. Also arbitration as provided for in article 21.3( c ), 22.6, and 25 DSU could be run in the same fashion using online arbitration model. Some problems that may arise as to "in writing requirement, writing submission" and "substantive and organizational meeting" are also addressed. The use of such system is in line with the WTO Dispute Settlement objective, to settle a dispute cheap, prompt, and effective. Lastly, I conclude that there is a need to amend the DSU to allow the use of online mechanism in WTO'S Disputes Settlement System as well as interpreting some terms that used in DSU in order to make possible Online Disputes Settlement.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
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