What the new Appeal-Arbitration System Might Mean for the Future of WTO Dispute Settlement
Dr. Jan Yves Remy$*As COVID-19 continues to grip the world’s attention, a consequential new development has crept into the halls of the dispute settlement system at the World Trade Organization (WTO). On 27 March 2020, 16 of the WTO’s 164 Members announced their agreement to use arbitration procedures provided for under WTO rules as a temporary fix to conduct WTO appeals. First touted as a possible (academic) solution to the then impending crisis at the WTO, the Multi-Party Interim Appeal Arbitration Arrangement pursuant to Article 25 of the DSU (or the MPIA) has emerged as a concrete response to the halting of operations at the Appellate Body since December last year. Once it is formally communicated to the WTO’s Dispute Settlement Body …
Why the WTO Appellate Body Crisis Matters to the Caribbean
Dr. Jan Yves Remy and Alicia Nicholls$*The Appellate Body (AB) of the World Trade Organization (WTO) – the final court charged with hearing appeals on points of law at the WTO – faces an existential crisis. On 10 December 2019, the terms of two of its remaining three members – the quorum needed to adjudicate an appeal – will expire. Their positions will not be filled if the current United States (US) blockage of appointments continues. This means that new appeals of panel decisions will not be heard after that date.
Given Caribbean countries’ limited and ‘checkered’ experience with…