How Does the ASEAN Dispute Resolution Mechanism Work?
Having
an efficient means of resolving disagreements that arise between member nations
has become an essential requirement as economic cooperation has grown. As a
result, ASEAN has been working on a Protocol on a Dispute Settlement Mechanism
since 1996. On November 20, 1996, ASEAN Economic Ministers signed the Protocol
in Manila (Philippines).
Dispute Settlement Mechanism of ASEAN
The
spirit of negotiation and mediation is the foundation of ASEAN's dispute
resolution system. Parties to the dispute in Member States have the option to
select mediation methods at any time. These structures might start or end out
of the blue. The complainant took the matter to the Senior Economic Officials
Meeting of ASEAN (SEOM) only after the mediation process had ended. Mediation
procedures will continue to apply while the dispute is ongoing if the parties
to it agree.
The
matter will be referred to SEOM if the consultation does not resolve the
dispute within sixty (60) days of receipt. SEOM will either form a panel or, if
that is not possible, send the matter to the special rules and procedures team
or another group for evaluation. However, in some instances, SEOM may decide to
settle the dispute without appointing a panel if deemed necessary.
Within
thirty (30) days of the panel's submission of the report, SEOM will evaluate it
during its discussion and make a decision regarding the dispute. SEOM may have
an additional ten (10) days to resolve a dispute in exceptional circumstances.
Parties to the dispute may be represented by SEOM representatives at the
meeting, but they may not vote on SEOM decisions. SEOM will decide by majority
vote.
Within
thirty (30) days, parties to the dispute may appeal the SEOM's decisions to the
ASEAN Economic Ministers (AEM). Within thirty (30) days of receiving the
appeal, AEM must issue a decision. AEM may have an additional ten (10) days to
resolve the dispute in exceptional circumstances.
ANT Lawyers have Litigation
and Dispute lawyers
in Hanoi, Da Nang and Ho Chi Minh City that help clients
dealing with dispute resolution and alternative dispute resolution in Vietnam.
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