The future of international economic dispute resolution: An Asian perspective

• Main Author: HSU, Locknie
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2021
• Subjects: international economic law; Asia; international trade; WTO; dispute resolution; Asian Studies; Dispute Resolution and Arbitration; International Trade Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/3737; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99511147202601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,International%20economic%20dispute%20settlement%20Demise%20or%20transformation%3F&offset=0
• Institution: Singapore Management University

The international economic law landscape has witnessed a number of significant developments in recent years, with some being gradual while others have been more in the nature of jolts. Among the former are the rise in bilateral and regional trade agreements and their concomitant dispute settlement mechanisms, and an increase in the number of investor-state disputes. Among the latter (‘jolts’) are the US administration’s decisive stance in 2018-19 regarding the WTO’s dispute settlement system – particularly the Appellate Body membership, renewal processes and decision-making – and the rapid increase in reform activities of investor-state arbitration institutions and working groups. Another development has been the so-called US-China ‘trade war’, led by the imposition of tariffs, and the potential role of the security exception in disputes pending at the WTO in relation to such impositions.