What is Distinctive about WTO Litigation?

Introduction

The World Trade Organisation (WTO) dispute settlement system is, without doubt, the most successful system of inter-state dispute settlement that states have been willing to submit to in recent times. This talk focused on features of WTO litigation that set it apart from other types of international proceedings. Topics touched upon included the WTO’s unique remedial regime, applicable law, the system of appellate review, opportunities for multilateral influence and the advocacy format.

An understanding of these features is essential for counsel appearing before WTO panels and the Appellate Body and useful for obtaining an understanding of the role that the dispute settlement system plays in commercial diplomacy.

About the Speaker

Thomas Sebastian is with the Global Arbitration Group at Allen & Overy LLP where his practice focuses on public international law disputes, particularly investment treaty arbitrations. Previously, he was a Counsel at the Advisory Centre on WTO Law in Geneva where he represented developing country governments in numerous disputes before WTO panels and the Appellate Body and provided advice on all aspects of international trade law.

Mr Sebastian has published in the Harvard International Law Journal, the Journal of International Economic Law and edited volumes. He holds a BA, LLB (Hons) degree from the National Law School of India University as well as BCL and MPhil degrees from Oxford University which he attended on a Rhodes Scholarship.