No Small Fry? The Colombia — Frozen Fries Proceedings and the Long Road to WTO Dispute Settlement Reform

As the first WTO dispute involving MPIA arbitration, the Colombia – Frozen Fries proceedings have been seen by many Members and commentators alike as paving the way towards WTO dispute settlement reform. This Article takes a different stance on the significance of the proceedings: namely, they reveal the limits of purely judicial approaches to resolving the ongoing Appellate Body crisis in two regards. First, the interpretation of Article 17.6(ii) Anti-Dumping Agreement advanced by the Colombia – Frozen Fries arbitrators is based on mutually incompatible claims and does not offer a workable solution to US concerns originating in the zeroing saga. Second, there is insufficient evidence to suggest whether MPIA arbitration will preserve Members’ right to appeal panel reports in the interim period. Instead, the Colombia – Frozen Fries proceedings signal the effective need for Members to consider interpreting, or even reopening negotiations over, the covered agreements and that the authority of WTO dispute settlement will likely rest on sustaining consensual economic diplomacy in the interim.