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Litigotiation

  • “Litigotiation” refers to the process of negotiation that takes place within the context of litigation, where parties use the threat or reality of legal action as leverage to settle.
  • The India-U.S. settlements are prime examples of litigotiation, where both countries, despite ongoing legal proceedings, chose to negotiate and reach amicable solutions.
  • India and the U.S. have used bold statecraft in settling seven long-standing trade disputes at the World Trade Organization (WTO) within a year.
  • The final dispute settled involved poultry products, notified to the WTO in late March.
  • The settlement underscores the potential of bilateral negotiations to resolve sensitive trade matters, even when multilateral bodies like the WTO face challenges.
  • It sets a precedent for resolving international trade disputes through diplomacy, contributing to a more stable trade environment.
  • India’s participation in the U.S.-led Indo-Pacific Economic Framework further strengthens the India-U.S. partnership.

Dig Deeper: How many countries are members of the Indo-Pacific Economic Framework and read about the recently added country.

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