As economic cooperation has expanded, having an effective
mechanism to resolve disputes arising between member countries has become an
essential need. Therefore, since 1996, ASEAN has started drafting a Protocol on
Dispute Settlement Mechanism, and this Protocol was signed by ASEAN Economic
Ministers on November 20, 1996 in Manila (Philippines).
The dispute settlement
mechanism of ASEAN is built on the
spirit of negotiation and mediation. At any time, Member States which are
parties to the dispute have the right to choose forms of mediation. These forms
may begin or end at any time. Only when the procedure for mediation has
ended, the complainant proceeded to bring the matter to the Senior Economic
Officials Meeting of ASEAN (SEOM). While the dispute is in progress, if the
parties to the dispute agree, mediation procedures will continue to apply.
SEOM will set up a panel or, if possible, refer the matter to the
special rules and procedures team or additional for review. However, in
specific cases, if deemed necessary, SEOM may decide to resolve the dispute
amicably without having to appoint a panel.
SEOM will review the panel report during its discussion and give a
decision to the dispute within thirty (30) days from the date the panel
submitted the report. In exceptional cases, SEOM may have an additional ten
(10) days in adjudicating a dispute. SEOM representatives of Member States who
are parties to the dispute may be present If the consultation does not resolve
the dispute within sixty (60) days of the receipt of the request, the matter
will be referred to SEOM. during the discussion but may not participate in
judgments of SEOM. SEOM will adjudge on a majority basis.
Member States that are parties to the dispute may appeal the
judgments of SEOM to the ASEAN Economic Ministers (“AEM”) within thirty (30)
days. AEM must make a decision within thirty (30) days of the appeal. In
exceptional cases, AEM may have an additional ten (10) days to make a decision
on dispute resolution.
ANT Lawyers is a law firm in Vietnam, recognized by Legal500,
IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm
network covering more than 150 jurisdictions. The firm provides a range of
legal services to multinational and domestic clients.
0 nhận xét:
Đăng nhận xét