ABSTRACT

In the WTO, briefs in a dispute are confidential and the meetings are closed. While this may be consistent with the basic tenets of ADR, it is felt by some commentators that this goes against one of the very principles of the WTO system – transparency. A case could well be made for public hearings in which confidential information may be expunged from the public record, while permitting the panel to hold in camera hearings if warranted.