On 31 July 2020, the (now 23) signatories to the World Trade Organization (WTO) Multi-Party Interim Appeal Arbitration Arrangement (MPIA) (Australia; Benin; Brazil; Canada; China; Chile; Colombia; Costa Rica; Ecuador; the European Union; Guatemala; Hong Kong, China; Iceland; Mexico; Montenegro; New Zealand; Nicaragua; Norway; Pakistan; Singapore; Switzerland; Ukraine; and Uruguay) announced the pool of 10 standing arbitrators that will hear appeals under the mechanism:
1. Mr. Mateo Diego-Fernández Andrade (Mexico)
2. Mr. Thomas Cottier (Switzerland)
3. Ms. Locknie Hsu (Singapore)
4. Ms. Valerie Hughes (Canada)
5. Mr. Alejandro Jara (Chile)
6. Mr. José Alfredo Graça Lima (Brazil)
7. Ms. Claudia Orozco (Colombia)
8. Mr. Joost Pauwelyn (EU)
9. Ms. Penelope Ridings (New Zealand)
10. Mr. Guohua Yang (China)
Members will be selected to hear an appeal using the same principles and methods that apply to form a division of the Appellate Body under Article 17.1 of the Dispute Settlement Understanding (DSU) and Rule 6(2) of the Working Procedures for Appellate Review, including the principle of rotation.
As per the MPIA, the pool of arbitrators comprises persons, unaffiliated with any government, who are of recognized authority, with demonstrated expertise in law, international trade and the subject matter of the covered agreements generally. In order to promote consistency and coherence in decision-making, to the extent practicable the members of the pool will discuss amongst themselves matters of interpretation, practice and procedure.
For more information on the history of the MPIA see: 19 WTO Members Formalize Multi-Party Interim Appeal Arbitration Arrangement (MPIA); 16 WTO Members Establish Multi-Party Interim Appeal Arbitration Arrangement (MPIA); Norway Joins Canada and the European Union In Establishing An Interim WTO Appeal Arbitration System; and Canada and the European Union Announce An Interim Bilateral Arbitration Solution for the WTO Appellate Body Deadlock.
Tereposky & DeRose LLP regularly provides advice and acts as counsel in international trade disputes, including WTO dispute settlement proceedings. If you have any questions about the foregoing subject, please do not hesitate to contact us.