Analysis

As US Stalls, Other Nations Try WTO Arbitration Workaround

By Caroline Simson (May 11, 2022, 9:40 PM EDT) -- A move by Turkey and the European Union to invoke an untested arbitration mechanism to resolve a trade dispute over pharmaceuticals could set a precedent for resolving such disagreements while the U.S. keeps the World Trade Organization's Appellate Body hamstrung, possibly for years to come.

Turkey announced late last month it had initiated arbitration proceedings under Article 25 of the WTO's Dispute Settlement Understanding to challenge a panel report issued in its battle with the EU, which concluded that Turkey's policy of prioritizing local pharmaceutical products over imported ones was discriminatory.

The move marks a potential path forward for disputes between...

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