Comprehensive analysis on MPIA as alternative

ABSTRACT

The International Trade regulations have been drastically impacted by the breakdown of the Appellate Body of World Trade Organization in respect to reduction of trade agreements between countries as a result of loss of faith in the prevalent system. As a gap abridger Multi Party Interim Appeal Arbitration Arrangement (MPIA) came into existence in 2020 introduced by the European Union in consonance with several other countries that are part of WTO drawing its authority from Article 25 of the Dispute Settlement of Understanding. This research paper aims to appreciate the effectiveness of MPIA in fulfilling the lacunae created by the non- functioning of WTO appellate Body based on various factors by delving into the cases that are adjudicated by the MPIA such as Columbia v. Frozen Fries. In addition to the assessment in respect to its procedural aspects, it also focuses on the nonparticipation in MPIA by plethora of countries who oppose its introduction and predominantly countries from the Global South. Research suggests that it is on account of factors such as representation and political alignment etc. as a result of which MPIA does not have the force of universal authority binding on all countries of the globe. This study based on its analysis into the relevant provisions, history and background of both bodies and cases dealt under them constructively concludes the limitations of MPIA over its advantages due its transcendental nature and stressing for a long term and comprehensive solutions for the in operation of WTO Appellate Body that would be viable for countries across the Globe.