WTO Dispute Settlement Mechanism(1)/刘成伟(13)
6.Mutually agreed solutions to matters formally raised under the consultation and dispute settlement provisions of the covered agreements shall be notified to the DSB and the relevant Councils and Committees, where any Member may raise any point relating thereto.
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Hence, even dispute settlements through bilateral arbitration and mutually agreed arrangements must be transparent and consistent with WTO law. The DSU provisions on mutually agreed arbitration “as an alternative means of dispute settlement” (Art. 25), and on compulsory arbitration on the “reasonable period of time” for the implementation of dispute settlement rulings (Art. 21.3) and on disputes over the suspension of concessions (Arts. 22.6-7), reflect a further shift towards judicial methods of dispute settlement in the WTO.
Significantly, the quasi-automatic adoption of dispute settlement reports is a new crucial feature of the WTO dispute settlement mechanism, another contribution to the “judicialization” of this mechanism. Under the WTO jurisprudence, reports issued by various panels and the Appellate Body shall be adopted by the DSB and “unconditionally accepted” by the parties to a dispute unless “the DSB decides by consensus not to adopt the report” (Art. 16.4; Art. 17.14). Both panel reports and Appellate Body reports are thus deemed to be adopted unless there is a “negative consensus” not to adopt these reports or the panel report is appealed.
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