Volume 13 (2018) / Issue 9
Céline Todeschini-Marthe, 'Dispute Settlement Mechanisms Under Free Trade Agreements and the WTO: Stakes, Issues and Practical Considerations: A Question of Choice?' (2018) 13 Global Trade and Customs Journal, Issue 9, pp. 387–403
Choice of forumclauses in free trade agreements (FTAs)might lead to overlapping jurisdictions with theWTO. In such cases,which dispute settlementmechanism prevails? How do or couldWTO panels asses their jurisdiction? And how does a party choose between the dispute settlement mechanisms provided by a FTA and the WTO? This article analyses how the WTO jurisprudence and general principles address, respectively might address the issue of conflict of jurisdiction, and outlines the considerations a party has to keep in mind when selecting a forum. To date, there is no clear-cut solution nor answer to the questions above.
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