Workshop
Program

1. Why should we care about the WTO in ADR?

   1. Globalization
      The number and variety of international dispute resolution systems continue to grow and evolve. The WTO is one good example (NAFTA is another).

   2. Variety
      It is interesting to compare what is happening internationally with how domestic dispute resolution systems are created and adds variety to an ADR class

2. How the WTO system works

   1. Mediation
      Parties first have the opportunity to mediate their trade dispute through conciliation. This has happened frequently and also in high profile cases (i.e. the EU case against US regarding Helms-Burton act which sanctioned companies around the world doing business with Cuba)

   2. Panel Hearing
      If parties do not settle, the dispute is heard by a panel of appointed trade experts.

   3. Appeal
      The decision of the panel can be appealed to the standing appellate body of the WTO.

   4. Arbitration
      Parties can choose arbitration as an alternative to the above process.

3. How can we use the WTO to talk about similar issues in dispute resolution and dispute systems design theory?

   1. Which Type of Disputes
      The jurisdictional battles over whether WTO should be addressing non-trade issues of employment, human rights, environment are similar to jurisdiction questions about binding arbitration in employment and consumer cases.

   2. Diplomacy versus Adjudication
      The WTO system has increased formality and use of sanctions compared to the old system-this raises the issue of diplomacy versus adjudication as the best way of resolving disputes.

   3. Loop Back
      There is no established loop back procedure between panel and appeal step at the WTO-a primary suggestion for domestic dispute resolution systems.

   4. Equal Access
      The WTO has started to provide legal assistance to poorer countries raising some of the same issues about access to ADR for poorer people here.