The article presents the results of an exhaustive statistical examination of 83 dispute settlement reports in which the Appellate Body addressed one or more claims under Article 11 of the DSU. In addition to identifying the Appellate Body’s grounds for upholding and rejecting Article 11 claims and assessing their weight in the total statistics, the analysis reveals that, perhaps contrary to received opinion, neither the average number of disputes in which one or more Article 11 were made nor the average number of allowed claims demonstrate pronounced growth while the bulk of the increase in the number of claims brought is attributable to a limited number of complex disputes.
Journal of International Economic Law. 2022. Vol. 25. No. 3. P. 409-423.