Discuss The Necessity Of The Existence Of ADR In The WTO Dispute Settlement Mechanism

Accompanied by the development of world trade prosperity, the increasinglyclose trade links between countries, Century Trade Organization WTO has played anincreasingly important role in international economic cooperation and development.WTO and the IMF (IMF), WB (World Bank) together as known as the world’seconomic development "three pillars". AT the same time WTO promoting economicand trade development in their own dispute settlement mechanism to deal with tradefriction between countries, however, the diversification of form and content ofinternational trade, complex, a series of questions single existing dispute settlementmechanism appeared to be inadequate to deal with disputes. ADR (alternativedispute resolution) as a simple, fast, easy operation of the dispute settlementmechanism is gradually being pro-trade subjects gaze. The articles purport isintroduced to the main content of the ADR and the WTO dispute settlementmechanism to reflect the ADR in the advantages and the drawbacks of WTO disputesettlement mechanism, and then come out of this central argument of the existenceof the ADR is necessary. The innovation of this paper is the analysis the advantagesof ADR and the WTO dispute settlement mechanism by the introduction of ADRitself and the WTO dispute settlement mechanism, to sum up why in the currentstage, and for a longer period the existence of necessity of ADR, and thus emphasizethe importance of ADR in the process of settlement of international trade disputes.The article is divided into four parts: The first part is a general overview of the ADRsystem. First introduced the concept of the ADR system, by invoking the relevantlaws in the West to introduce what are the ADR system, as well as controversy in thedefinition process to do a general introduction, and then give mine own views.Secondly, described the legal characteristics of the ADR system, by the descriptionof three aspects of its characteristics presented. Again, indicating that the main formsof ADR cite the specific form at this stage ADR in resolving commercial disputes, and give a general introduction for each form. Finally, I discuss the relationshipbetween ADR and judicial proceedings, in order to achieve a relatively correct graspof ADR. The second part is a general overview of the WTO dispute settlementmechanism. This section will list the main content of the WTO dispute settlementmechanism; characteristics and scope of application are described so that readershave a more objective understanding of the mechanism. In part three, I will focus onthe limitations of the WTO Dispute Settlement Mechanism. In part four, describevalue of ADR in the WTO dispute settlement mechanism. First analysis of thecharacteristics and nature of the framework of the WTO cooperation agreementdispute, given the characteristics and thus the presence of a variety of disputeresolution mechanism is of great benefit to the solution to resolve these disputes.Secondly, discuss sing the advantages of ADR, by the first part of the paper tosummarize the advantages of ADR compared to the WTO dispute settlementmechanism, and this part of the advantages can get to complementarities withtraditional dispute resolution mechanisms. Again, analysis ADR can actually play arole in the feasibility. Mainly by describe ADR running costs and marginal costs aswell as combine with the current dispute resolution practice show that not onlytheoretically necessary but also in practice feasible. Finally, given the reasonablesuggestions about convergence of the ADR and the WTO dispute settlementmechanism, so that the two mechanisms complement each other, play a full effect.