Research On Multi-party Provisional Appeals Arbitration Arrangement Under WTO Dispute Settlement Mechanism

In today’s economic globalization,the WTO dispute settlement mechanism has played a very important role in resolving trade disputes between countries since its establishment due to its clear and complete legal provisions.Among them,the appellate body mechanism is the last line of defense for the fair settlement of disputes between countries,and it is also the most characteristic and advantageous system of the WTO.The United States has obstructed the election and re-election of members for various reasons since 2016,which eventually led to the departure of all justices of the Appellate Body due to the expiration of their terms of office.The appellate body has since officially ceased to function.Many cases are likely to go into "limbo" because of the Appellate Body’s shutdown.As the last line of defense for the fair settlement of national disputes,if the Appellate Body maintains the status quo,it may have a very significant negative impact on the dispute settlement mechanism(DSB).Therefore,it is the common expectation and responsibility of WTO members to get rid of the current difficulties of WTO dispute settlement mechanism.The emergence of the Multiparty Interim Appellate Arbitration Arrangement("MPIA")has to a certain extent enhanced the confidence of the members,in which China has played an important role in promoting and demonstrating the positive attitude of China in dealing with the crisis of the Appellate Body.However,the legality of MPIA and its legal nature still need to be studied,and whether MPIA can solve the crisis faced by the Appellate Body has not yet reached a unified conclusion in academia.This article takes MPIA as the starting point,examines its rules and past and latest arbitration cases,analyzes and compares the legality of MPIA,discusses the feasibility of MPIA to solve the crisis of the Appellate Body,and proposes corresponding suggestions for the future development and reform of the appellate arbitration arrangement.The first chapter outlines the reasons for the suspension of the Appellate Body and analyzes the feasibility of several ways out of the dilemma after the suspension.First,the reasons for the suspension of the Appellate Body are summarized as two points:first,the U.S.abused its veto power to prevent the selection of Appellate Body members by taking advantage of the loophole in the design of the "consensus" system;second,the U.S.did so based on its dissatisfaction with the Appellate Body,i.e.,the Office of the U.S.Trade Representative made six criticisms of the Appellate Body.In the face of the U.S.criticism of the Appellate Body,all WTO member parties have put forward corresponding reform opinions.Secondly,in order to break the existing deadlock,this paper analyzes the advantages and disadvantages of three possible options for the development of the multilateral trading system,including the following three options:WTO members initiate a ballot selection,sign a "no-appeal"agreement and resort to arbitration to resolve disputes.Finally,by analyzing the feasibility of these three options,it is concluded that the MPIA is the most feasible,which has the legal basis of Article 25 of the DSU and can solve the shortcomings of the rules of the Appellate Body through creative rules.Chapter 2 focuses on the analysis of the basic elements of the MPIA and the elements of arbitration.The structure of the MPIA consists of the main text and two annexes,which are analyzed in comparison with the procedures of the Appellate Body,such as the selection of the appellate arbitrator,the composition of the tribunal and the arbitration procedure.The third chapter examines the legality and validity of the MPIA.Chapter 3 analyzes the legality and legal nature of the MPIA,which was established by invoking Article 25 of the DSU,and therefore Article 25 of the DSU is the legal basis of the MPIA.However,the legal nature and legality of the MPIA has been questioned due to the lack of clarity in the scope of application,validity and enforcement of the arbitral award.This chapter intends to analyze and define the legal nature of MPIA in terms of its structure,effectiveness and relevance to WTO,and then provide the legal basis for MPIA from the practice of Article 25 of DSU and the legal nature of MPIA.By analyzing the attitude of the US,the relevant rules of MPIA and DSU,the feasibility of MPIA to solve the crisis is explored.Finally,it is concluded that MPIA is feasible to solve the crisis,however,it still has to face great challenges as an alternative mechanism to the appellate body.Firstly,MPIA is innovative in terms of rules,and it responds to the accusations of the US against the Appellate Body by limiting the scope of cases,specifying the time limit for making decisions and ensuring the limited interface with the panel of experts,and taking into account the progress of WTO reform,the impact of the new crown epidemic and the application of MPIA in practice,it can be analyzed that the application of MPIA is feasible in the long run.Secondly,due to the limitations of DSU and MPIA’s own provisions and the obstruction of the US,MPIA cannot be fully used as an alternative mechanism to the Appellate Body at present.Finally,in order to promote the development and improvement of the appellate arbitration arrangement,it is crucial to analyze the attitude of the U.S.and the position of China,on the basis of which this chapter puts forward the future vision of the appellate arbitration mechanism.