An Analysis of the Challenge Facing WTO Panels in the Context of MPIA

Since the Appellate Body came to a complete standstill, the DSB in WTO has been stuck in an intractable situation, where many disputes are still in the appeals process and cannot be appropriately resolved. Whatever the disputing parties chose, the Panels reports could not be adopted by the DSB. As a result, the Appellate Body and the Panel process are facing an unprecedented crisis. As a contingency to preserve the multilateralism of WTO, MPIA was established as an interim replacement by 19 WTO members in 2020. In the context of MPIA, this paper will analyze the necessity of reformation for the dispute settlement system, especially the Panel. Furthermore, this paper will provide workable solutions by examining the ad hoc Panels crisis and shortcomings.