This is from a communication from Qatar in the Saudi Arabia - IP Rights cases, which Saudi Arabia recently appealed into the void:
Subject: Proposal for an appeal-arbitration arrangement under Article 25 of the DSU in Saudi Arabia – Protection of Intellectual Property Rights (WT/DS567)
On 28 July 2020, Saudi Arabia notified the Dispute Settlement Body ("DSB") of the World Trade Organization ("WTO") of its decision to appeal the Report of the Panel in the aforementioned dispute (see document WT/DS567/7, "Saudi Arabia's Notice of Appeal").
Qatar has consistently conducted itself with a view to securing the prompt settlement of this dispute. Continuing in that effort, Qatar now proposes that the appeal in this dispute be submitted to resolution through arbitration under Article 25 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU").
As you are well aware, the Appellate Body of the WTO is currently unavailable to resolve appeals. Under these circumstances, arbitration under Article 25 of the DSU offers an alternative avenue to the resolution of appeals, which avoids frustration of a litigant's right to prompt settlement of disputes.
I request that you bring this proposal to the attention of Saudi Arabia and that this communication be circulated in the WT/DS567 document series. Qatar stands ready to make available representatives for the purpose of discussing the precise content of an agreement to refer the matter to Article 25 arbitration.
Qatar reserves its rights to take action consistent with international law to safeguard its interests, in the event this proposal does not result in an agreement to submit the appeal in this dispute to resolution through arbitration under Article 25.
Recognizing that, absent an agreement to refer the matter to Article 25 arbitration, it may be some time before Members become aware of Qatar's response to the matters raised in Saudi Arabia's Notice of Appeal, Qatar has made the Executive Summary of its Appellee's Submission in this dispute available at the following link:
There's no mention of the MPIA procedures here. If Saudi Arabia agrees to an Article 25 arbitration, it will be interesting to see how closely the procedures track what the MPIA parties have developed.
Does Saudi Arabia have any incentive to agree to such an appeal? Well, Qatar hints that if Saudi Arabia does not do so, it might go ahead with retaliation, so agreeing to an appeal would at least delay that.
