The Multilateral Interim Appeal Arbitration Agreement (MPIA) as a Tool for Maintaining the Multilateral Trade Order amid Global Economic Challenges
Year: 2026
Type: article
Abstract: The study analyses the Multilateral Interim Appeal Arbitration Agreement (MPIA), which operates on the basis of Article 25 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), as a prompt yet institutionally limited response to the systemic crisis and paralysis of the WTO Appellate Body caused by the blockage of judges' appointments. It is established that, despite its high procedural efficiency, which is manifested in the strict adherence to 90-day deadlines and the introduction of arbitration process innovations, the MPIA is unable to perform the key function of the Appellate Body, namely to establish a universal case law practice. The plurilateral nature of the MPIA entrenches a «club» format for dispute resolution, where decisions are binding solely on the participating parties, and leads to the inevitable fragmentation of the global trade legal order, thereby exacerbating the split among WTO members. The study reveals that the MPIA's inability to restore universality pushes actors excluded from this mechanism (in particular, the Russian Federation) to seek strategic stability through regional mechanisms. The paper argues that the development of dispute resolution instruments within the EAEU and BRICS represents a pragmatic and justified alternative, confirming the global trend towards the regionalization of international trade law regulation. The research is based on comparative legal analysis as well as analytical and predictive methods, which enabled an assessment of both the legal structures of the MPIA and the long-term consequences for the global trading system.
Source: Actual Problems of Russian Law
Author: Zhao Runfeng
Language: English
Topic: World Trade Organization Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225108236