Topic: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests
3) As positions in WTO’s dispute settlement body remain vacant, an analogous arbitration procedure is a necessity now. Do you agree? Critically analyse. (250 words)
Why this question:
The article suggests With WTO’s dispute settlement process set to fall apart due to appellate body vacancies remaining unfilled, a parallel arbitration procedure is a must.
Demand of the question:
The answer must evaluate the need and necessity for arbitration procedure as a parallel to WTO’s dispute settlement body.
Critically analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgement.
Structure of the answer:
Provide for a brief background of the current situation at the WTO.
Explain what are the present conditions at the WTO’s dispute settlement body, discuss the need for a parallel arbitration mechanism.
The EU and Canada have jointly indicated their intention to resort to arbitration under Article 25 of the Dispute Settlement Understanding (DSU), and set up an interim arbitration procedure. This procedure will be followed in disputes involving the two WTO members if the AB is unable to hear appeals due to an insufficient number of members.
Discuss the implications of such a step.
Conclude with way ahead.