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Crisis at the WTO – Can the Dispute Settlement Mechanism be Saved? The Proposed Multi-Party Interim Appeal Arbitration Arrangement May Be the Life Preserver
October 14, 2021 At 9:00 am to 10:30 am EDT
3:00pm – 4:30pm Central European Time (CET).
Our panel on Crisis at the WTO and Whether the Dispute Settlement Mechanism May be Saved will discuss the proposed Multi-Party Interim Appeal Arbitration Arrangement (MPIA), whether that instrument may help preserving the WTO’s dispute settlement mechanism (DSM), and whether the MPIA could serve to better address the longstanding critiques against the Appellate Body of the WTO (“AB”). The panelists will discuss:
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- The undergoing crisis of the AB and the exacerbation of the tendency of adopting unilateral action.
- WTO arbitration as an alternative means of dispute settlement while the AB remains inoperative.
- Whether the newly established MPIA will inherit the features of the DSM of the WTO that have been criticized by the membership of the WTO or whether, to the contrary, the MPIA will start operating with a clean slate?
- How the MPIA could better address the longstanding critiques against the AB, such as the delays in appeal proceedings and the use of precedent as binding, absent cogent reasons, and
- What if anything, is there to adopt or learn by the MPIA from international arbitration.