英文摘要 |
The DS583 disputing party initiated arbitration in accordance with Article XXV of DSU and regarded it as an appeal arbitration. ''Arbitration'' and ''appeal'' are originally two different dispute settlement methods. They are substitutes and cannot be used as the means of settlement of the same dispute at the same time. The MPIA reached by some WTO members has played a role in connecting the two procedures. In essence, the DS583 arbitration procedure is the first practice of the appeal arbitration procedure under MPIA, and its award has the effect of the appeal arbitration award, that is, the award is final and legally binding on both parties, and will not be revoked or declared invalid. The reasons are that the DS583 arbitration procedure is basically the same as the arbitration procedure under Annex 1 of MPIA, and the substantive issues handled by the DS583 arbitration procedure are from the report of the expert group, not the initial dispute measures that caused the dispute. In the case that the Appellate Body could not operate normally, DS583 solved the appellate issue through the appellate arbitration procedure under MPIA in essence, and to a certain extent reestablished the confidence of members in the WTO dispute settlement mechanism. |