Crisis in the wto appellate body: fertile ground for dispute boards. (RI §426689)  

The article aims to suggest dispute boards as an alternative to the adoption of arbitration as a method of dispute settlement within the WTO. That indication stems from the crisis in the WTO Court of Appeal, which no longer contains any judges as a member of the court. In the face of this adversity, the Brazilian State enacted Provisional Measure No. 1,098 of January 26, 2022, later converted into Federal Law No. 14,353 of May 26, 2022, which provide for procedures for suspending concessions or other obligations in the event of non-compliance with multilateral obligations by member of the World Trade Organization (WTO). Using the hypothetical deductive method, it seeks to demonstrate that dispute boards emerge as an effective possibility of dispute resolution diverse to the adoption of retaliatory measures by the Brazilian government, or even the use of arbitration.

I. Introduction. II. Dispute Settlement Body in the WTO. III. Federal Law No. 14,353, dated May 26, 2022, in light of the crisis at the WTO due to the depletion of judges in the appellate tribunal. IV. The Emergence of the Efficient Brazilian State. V. The use of Dispute Boards: An Efficient Alternative Method to the WTO Dispute Settlement Body. VI. Challenges in adopting dispute boards within the scope of the WTO. VII. Final Remarks. VIII. References.

Palabras clave: Efficiency; WTO; Alternative Methods of Conflict Resolution; Dispute Boards.;