The Workload of the WTO Appellate Body: Problems and Remedies

The WTO Appellate Body has seen its workload grow significantly over the years, reflecting not only the rising number of cases handled by the WTO dispute settlement mechanism, buts also an increase in the size of the disputes, the number of issues raised on appeal, the number of participants and third participants, the total length of submissions, as well as an accumulation of jurisprudence. As a result, Appellate Body proceedings now as a rule exceed, in some cases significantly, the 90-day timeframe prescribed by the Dispute Settlement Understanding. The present article sheds new light on this controversial issue, taking as a starting point the relevant reform proposals made by WTO Members. Bringing into the discussion broader – institutional, policy and comparative – considerations, the article delves into the adequacy and sufficiency of the different alternatives for alleviating the Appellate Body's workload with a view to identifying the most opportune ways for ensuring the efficient future functioning of the WTO dispute settlement system.