Jurisdiction(s):
United Kingdom

Key definition

Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

Practical Guide to WTO Dispute Settlement (DSU): DSB, Panels, Appellate Body, Arbitration, Experts, Scope, Participants, Legal Bases and Procedural Stages

Published by a LexisNexis International Trade expert

Practice notes

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This Practice Note sets out the World Trade Organization (WTO) dispute settlement mechanism. It offers guidance on the dispute settlement body and its constituent elements, the scope of the dispute settlement understanding, the participants in a dispute, the legal basis for a dispute, and the principal stages of a dispute.

Introduction

Disagreements stemming from international trade were governed by a legal framework before the WTO came into force on 1 January 1995. Under the General Agreement on Tariffs and Trade (GATT) 1947, two provisions dealt with disputes, yet they did not deliver a comprehensive system of settlement. This was because the GATT 1947 did not create an international organisation, but merely regulated trade in goods. As a result, the GATT lacked a complete set of dispute settlement rules. Article XXII of the GATT 1947 provides that parties to the GATT 1947 must consult one another whenever a matter affects the operation of the GATT 1947. It did not permit parties to use any dispute settlement process other than consultations between them. Article XXIII of the GATT 1947 in turn provides for a mechanism if the...

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Web page updated on 21/05/2026

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