Multi-party interim appeal arbitration arrangement
Published by a LexisNexis International Trade expert
Practice notesMulti-party interim appeal arbitration arrangement
Published by a LexisNexis International Trade expert
Practice notesThis Practice Note contains practical guidance on the multi-party interim appeal arbitration arrangement as applied by some World Trade Organization’s (WTO) Member States while the Appellate Body cannot function. It provides guidance on the Member States to the interim appeal arbitration arrangements, the legal basis, its existence, who may rely on it, what it may be used for, how to use it as well as the procedure for the arbitration.
Introduction
The WTO Appellate Body consists of seven members and three of these members must serve on any appeal. Appellate Body Members are appointed for a maximum duration, see Practice Note: Introduction to World Trade Organization Appellate Body Dispute Settlement for guidance on the maximum term. As such there is a continuous requirement to fill vacancies left by persons who have left office. On 11 December 2019, the Appellate Body ceased to operate as the United States of America blocked the appointment of members of the Appellate Body. Members of the Appellate Body are appointed by consensus among all WTO Member States (see Practice Note: Introduction
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