In the Interim: The Impact on WTO Disputes of the Multiparty Interim Appeal-Arbitration Arrangement (MPIA)

In a significant breakthrough, 16 Members of the World Trade Organization (WTO), covering a large share of world trade, have announced an arrangement on the settlement of trade disputes between them. Known as the Multiparty Interim Appeal-Arbitration Arrangement (MPIA), the arrangement bridges a crucial gap in the WTO system that results from the WTO Appellate Body’s temporary inability to hear appeals. The MPIA uses Article 25 of the WTO Dispute Settlement Undertaking to enable appeals within the existing WTO framework and, in so doing, preserves binding WTO dispute settlement between the MPIA parties.

Sidley hosted a series of webinar on this topic and the recording are available below. In each session, participants will gain insights directly from the diplomats who successfully negotiated the MPIA, as well as other thought leaders in the WTO community.

For an overview of the MPIA, please see this recent Sidley Update.

In a significant breakthrough, 16 Members of the World Trade Organization (WTO), covering a large share of world trade, have announced an arrangement on the settlement of trade disputes between them. Known as the Multiparty Interim Appeal-Arbitration Arrangement (MPIA), the arrangement bridges a crucial gap in the WTO system that results from the WTO Appellate Body’s temporary inability to hear appeals. The MPIA uses Article 25 of the WTO Dispute Settlement Undertaking to enable appeals within the existing WTO framework and, in so doing, preserves binding WTO dispute settlement between the MPIA parties.

Why have countries agreed to the MPIA? How will it work? Who will decide the appeals and what procedures will they use? How does the new arrangement fit with the rest of the WTO dispute settlement system?

For answers to these and other important questions about the MPIA, please join us for our next Sidley Webinar, where we’ll gain insights directly from diplomats who successfully negotiated the arrangement. We encourage you to send your own advance questions using the registration form below.

For more background information, please also see a recent Sidley Update on the MPIA.

SPEAKERS

• Philippe Cellard, Senior Legal Advisor, Permanent Mission of Canada to the WTO
• Paolo Garzotti, Deputy Permanent Representative, Permanent Mission of the European Union to the WTO
• Gabrielle Marceau, Professor, Law Faculty, University of Geneva
• Leticia Ramirez, Legal Counsellor, Permanent Mission of Mexico to the WTO
• Katherine Connolly, Associate, Sidley
• Nicolas Lockhart (Moderator), Partner, Sidley

For questions or more information, please click here to contact us.

Topics:

• Arbitrator appointments: How will the appointments process work? What kind of balance will participants seek in the arbitrator pool? How will arbitrators be selected in individual appeals?
• Consultations within the pool of arbitrators: What is the value of consultations among arbitrators in the pool, and how will a system of consultation work in practice?
• Role of the WTO Secretariat: What role does the MPIA foresee for Secretariat staff? How should the supporting staff best assist arbitrators?

SPEAKERS

Yusong Chen, Counsellor, Permanent Mission of China to the WTO

Paolo Garzotti, Deputy Permanent Representative, Permanent Mission of the European Union to the WTO

Gabrielle Marceau, Professor, Law Faculty, University of Geneva

Leticia Ramirez, Legal Counsellor, Permanent Mission of Mexico to the WTO

Topics:

• The impact on non-MPIA WTO members: What are third-party rights in an MPIA arbitration? Can non-MPIA members use the MPIA template agreement? What will happen in “mixed” disputes between MPIA and non-MPIA participants? Can the MPIA model work in pending Appellate Body appeals? How will MPIA awards be regarded in subsequent disputes?
• Practical implementation issues: How will arbitrators meet the 90-day deadline? What innovations does the MPIA foresee and how will they work in practice?

SPEAKERS

Damaris Carnal, Legal Counsellor, Permanent Mission of Switzerland to the WTO

Philippe Cellard, Senior Legal Advisor, Permanent Mission of Canada to the WTO

Marco Molina Tejeda, Deputy Permanent Representative, Permanent Mission of Guatemala to the WTO

Cherise Valles, Deputy Director, Advisory Centre on WTO Law