The CPTPP Dispute Settlement Mechanism: Is There a Way out of the WTO Crisis or Is This a New Model?

Abstract

By the time the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) entered into force, there had been numerous bilateral and multilateral agreements between the parties regarding its rules on dispute settlement. However, the WTO dispute settlement system currently remains the most requested. The present article provides a comparative analysis of the procedures of dispute settlement under the CPTPP, the WTO DSU, and some RTAs. Among the novelties of the CPTPP mechanism compared to the WTO DSU are that it extends its scope to measures not yet introduced, offers more transparency, including the use of electronic means of communication, simplifies access for third parties, and provides financial compensation as a temporary remedy. Although the authors conclude that many of the CPTPP provisions repeat those of the WTO DSU and other RTAs between the CPTPP partners, there may be a desire to test the CPTPP mechanism in practice due to crises of the WTO Appellate Body.