Two of the strongest trends to emerge from the rapid growth of international trade law in recent times have been the proliferation of regional trade agreements (RTAs) and the continued strength of the World Trade Organization (WTO) dispute settlement system. Choice-of-forum provisions in RTAs have become a common byproduct of these trends in an attempt to regulate potential conflict between these regimes. The decision to borrow choice-of-forum provisions from domestic ‘forum shopping’ rules has taken place without due consideration being given to the relative merits and possible future impact of such an approach. This article analyses the justifications put forward for including these provisions against the potential impact on inter-state dispute resolution.
Global Trade and Customs Journal