Japan, China to Use Appellate Body Alternative to Settle Spat Over AD Duties
Japan and China agreed to enter into arbitration under the World Trade Organization's Multi-Party Interim Appeal Arbitration Agreement, an alternative to the Appellate Body, related to a spat over China's antidumping duties on stainless steel products from Japan. Submitting a notice of agreed procedures for arbitration, Japan and China said they will take to arbitration, given that there are less than three AB members.
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The MPIA has grown in popularity with many seeing it as a viable alternative to the defunct Appellate Body. Arbitrators from the EU and Colombia reached the first decision under the MPIA in December 2022 -- a ruling hailed as judicious (see 2212230025).
The arbitrators in the Japan-China dispute will number three and will be selected by the WTO director-general from the pool of 10 standing appeal arbitrators. These arbitrators may discuss their deliberations with the other members of the pool of arbitrators.