Thứ Tư, 12 tháng 7, 2023

 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.

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. 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 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.

Nguồn: https://antlawyers.vn/library/how-dispute-settlement-mechanism-of-asean-work.html

0 nhận xét:

Đăng nhận xét

Register business in Vietnam

Register business in Vietnam
Send us request via email at ant@antlawyers.vn or call us at +84 28 730 86 529 Let ANT Lawyers help your business in Vietnam.

Litigation Law Firm in Vietnam

Litigation Law Firm in Vietnam
Send us request via email at ant@antlawyers.vn or call us at +84 28 730 86 529 Let ANT Lawyers help your business in Vietnam.

Lưu trữ Blog

Được tạo bởi Blogger.

Overview of Law Firm in Vietnam

ANT Lawyers is a member of Vietnam Bar Federation, Hanoi Bar Association.

ANT Lawyers is an exclusive Vietnam law firm member of Prae Legal, a global law firm network spanning 5 continents and 150 countries.

ANT Lawyers is a member of World Mediation Organization, an international organization headquartered in Berlin that promote and foster mediation as an alternative dispute resolution.

We pride ourselves on international recognition by IFLR1000 on Financial and Corporate practice, Legal500, international standard by Prae Legal peer members, local expertise and strong network with Vietnamese authorities and local experts.


Contacts Us

ANT Lawyers HCMC
7th Floor, Me Linh Point Tower,
2 Ngo Duc Ke Str., Dist. 1, HCMC
Tel: +84 28 730 86 529
Email: sgn@antlawyers.vn

ANT Lawyers Hanoi
5th Floor, Leadvisors Place Building,
41A Ly Thai To Str., Hoan Kiem Dist., Hanoi
Tel: +84 24 730 86 529
Email: ant@antlawyers.vn

ANT Lawyers Danang
3rd Floor, Riverside Tower,
74 Bach Dang Str., Hai Chau Dist., Da Nang
Tel: +84 236 7300 529
Email: dnn@antlawyers.vn