Can Article 25 Arbitration Serve as a Temporary Alternative to WTO Dispute Settlement Process?

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Citation: Bashar H. Malkawi (2019) Can Article 25 Arbitration Serve as a Temporary Alternative to WTO Dispute Settlement Process?. Kluwer Arbitration Blog (RSS)
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Summary

When the WTO was first formed, DSU dispute settlement effectively replaced the weaker dispute settlement process that had existed before under the General Agreement on Tariffs and Trade (GATT) 1947, which until then had served as the principal multilateral agreement whereby contracting parties negotiated liberalizing trade by reducing tariffs.Yet, today, the WTO dispute settlement process is in a critical stage as the U.S. is preventing filling vacancies in the seven-member Appellate Body.

Under these circumstances, it is worth considering whether article 25 in the WTO DSU, which provides for binding arbitration, can serve as a "temporary alternative"? Theoretically, the answer is in the affirmative. Bashar Malkawi