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The multi-party interim appeal arbitration arrangement: evolution or makeshift of the World Trade Organization’s appellate body?

Abstract:
The United States’ veto of the appointments of Members of the Appellate Body of the World Trade Organisation (WTO) led to a systemic gridlock in the resolution of multilateral trade disputes within the WTO. To salvage the situation, some Members of the WTO established the Multi-Party Interim Appeal Arbitration Agreement (MPIA Agreement) under Article 25 of the Dispute Settlement Understanding as a temporary machinery for appellate review. This paper situates the MPIA within the ideological foundations of the WTO and the broader international dispute settlement systems while critically examining the efficacy, efficiency, and prospects of the MPIA as a viable substitute for the WTO Appellate Body. By analysing the content of the Agreement and some decisions of the MPIA, as well as political and academic sentiments, this paper argues that the MPIA is more makeshift than evolutionary. This work concludes that while the MPIA preserves appellate review to an extent in the short term, the WTO needs a more permanent, enduring reform for a credible and effective appellate system.
Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Role:
Author
ORCID:
0009-0008-3792-6575
More by this author
Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
Lincoln College
Role:
Author


Publisher:
National Law University
Journal:
Trade, Law and Development More from this journal
Volume:
17
Issue:
1
Pages:
160-184
Publication date:
2026-03-07
Acceptance date:
2025-08-13
EISSN:
0975-3346
ISSN:
0976-2329


Language:
English
Pubs id:
2421960
Local pid:
pubs:2421960
Deposit date:
2026-05-20
ARK identifier:

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