Learning to Dispute: Repeat
Participation, Expertise, and
Reputation at the World
Trade Organization
Joseph A. Conti
This mixed-method analysis examines the effects of repeat participation
on disputing at the World Trade Organization (WTO). Differences between
disputants in terms of their experience with WTO disputing processes affect the
likelihood of a dispute transitioning to a panel review in distinct ways, depend-
ing upon the configuration of the parties. More experienced complainants tend
to achieve settlements, while more experienced respondents tend to refuse
conciliation. Strategies of experienced respondents are derived from the exper-
tise generated from repeated direct participation and the normalcy of disputing
for repeat players as well as the benefits accruing from a reputation for being
unlikely to settle. Repeat players also seek to avoid disputes expected to produce
unfavorable jurisprudence but do not actively try to create new case law
through the selection of disputes. This research demonstrates a dynamic learn-
ing process in how parties use international legal forums and thus extends
sociolegal scholarship beyond the nation-state.
INTRODUCTION
The normative claim underwriting recourse to law in international
affairs is that law treats all legal actors, including vastly unequal countries,
Joseph A. Conti is an assistant professor of sociology and law at the University of
Wisconsin, Madison. Please direct comments and other correspondence to jconti@ssc.wisc.edu.
This research has been supported by a National Science Foundation Dissertation Improve-
ment Grant (#0402260), the University of California Institute on Global Conflict and Coop-
eration Dissertation Fellowship, the Horowitz Foundation for Social Policy Dissertation Grant,
the James D. Kline Fund for International Studies, the Abelina Suarez Educational Trust, and
the American Bar Foundation. Special thanks are owed to three anonymous reviewers. Jennifer
Earl, John Sutton, Richard Appelbaum, Karen Alter, and Moira O’Neil each provided valuable
commentary on this research. All errors are my own.
Law & Social Inquiry
Volume 35, Issue 3, 625–662, Summer 2010
Law &
Social Inquiry
Journal of
the American
Bar Foundation
© 2010 American Bar Foundation. 625