2004-EDSM-Annexes-1.pdf

2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism

2004 EDSM

• ASEAN Documents
  • ASEAN Economic Community
    • ASEAN Economic Ministers
  • ASEAN Procedure
    • Dispute Settlement

Secretary-General of ASEAN

Appendix I – Covered Agreements

Appendix II – Working Procedures of the Panel

ASEAN Protocol on Enhanced Dispute Settlement Mechanism Working Procedures for Appellate Review (pursuant to paragraph 8 of Article 12 of the Protocol)

Annex I –Timetable for Appeals

Annex II – Rules of Conduct

Annex 1 – Illustrative List of Information to be Disclosed

Annex 2 – Association of South East Asian Nations Disclosure Form

ASEAN Legal Instruments

29/11/2004

20/06/2022

Article 21(1) ‘Final Provisions’:

“This Protocol shall enter into force upon signing.”

Superseded by the 2019 ASEAN Protocol on Enhanced Dispute Settlement Mechanism

1997 Protocol to Amend ASEAN Agreements

1996 Protocol on Dispute Settlement Mechanism

2007 Charter of the Association of Southeast Asian Nations

2003 Protocol to Amend the Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area for the Elimination of Import Duties

1995 Protocol to Amend the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area

1992 Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area

ASEAN Legal Instruments accessed on 07/03/2024

Coverage: Up to its termination in 2022, this Protocol was the primary mode of dispute settlement envisioned for ASEAN economic agreements both before and after 2004, where those instruments have not specifically provided special or additional rules and procedures. Annex I of this protocol also extends its coverage retroactively to pre-2004 key economic agreements of ASEAN. This protocol is also specified in the 2007 ASEAN Charter as well as major ASEAN economic agreements completed from 2004 onwards including the 2009 ASEAN Trade in Goods Agreement, 2009 ASEAN Comprehensive Investment Agreement, and 2004 ASEAN Framework Agreement for the Integration of Priority Sectors. However this protocol does not apply to any dispute which has arisen before its entry into force, which shall continue to be governed by the 1996 Protocol on Dispute Settlement Mechanism (See Art 21(2)). The EDSM was not invoked in ASEAN while it was in force.

2004 Protocol on Enhanced Dispute Settlement Mechanism Article 1:
“1. The rules and procedures of this Protocol shall apply to disputes brought pursuant to the consultation and dispute settlement provisions of the Agreement as well as the agreements listed in Appendix I and future ASEAN economic agreements (the “covered agreements”).

2. The rules and procedures of this Protocol shall apply subject to such special or additional rules and procedures on dispute settlement contained in the covered agreements. To the extent that there is a difference between the rules and procedures of this Protocol and the special or additional rules and procedures in the covered agreements, the special or additional rules and procedures shall prevail.

3. The provisions of this Protocol are without prejudice to the rights of Member States to seek recourse to other fora for the settlement of disputes involving other Member States. A Member State involved in a dispute can resort to other fora at any stage before a party has made a request to the Senior Economic Officials Meeting (“SEOM”) to establish a panel pursuant to paragraph 1 Article 5 of this Protocol.”

Covered Agreements Listed in Annex I of the 2004 Protocol on Enhanced Dispute Settlement Mechanism:

1. Agreement on ASEAN Preferential Trading Arrangements, Manila, 24 February 1977.
2. Agreement on the ASEAN Food Security Reserve, New York, 4 October 1979.
3. Basic Agreement on ASEAN Industrial Projects, Kuala Lumpur, 6 March 1980.
4. Supplementary Agreement of the Basic Agreement on ASEAN Industrial Projects ASEAN Urea Project (Indonesia), Kuala Lumpur, 6 March 1980.
5. Basic Agreement on ASEAN Industrial Joint Ventures, Jakarta, 7 November 1983.
6. Agreement on ASEAN Energy Cooperation, Manila, 24 June 1986.
7. ASEAN Petroleum Security Agreement, Manila, 24 June 1986.
8. Agreement on the Preferential Shortlisting of ASEAN Contractors, Jakarta, 20 October 1986.
9. Supplementary Agreement to the Basic Agreement on ASEAN Industrial Joint Ventures, Singapore, 16 June 1987.
10. Protocol on Improvements on Extension of Tariff Preferences under the ASEAN Preferential Trading Arrangement, Manila, 15 December 1987.
11. Revised Basic Agreement on ASEAN Industrial Joint Ventures, Manila, 15 December 1987.
12. Agreement Among the Governments of Brunei Darussalam, Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the kingdom of Thailand for the Protection and Promotion of Investments, Manila, 15 December 1987.
13. Protocol to Amend the Revised Basic Agreement on ASEAN Industrial Joint Ventures, 1 January 1991.
14. Framework Agreement on Enhancing ASEAN Economic Cooperation, Singapore, 28 January 1992.
15. Agreement on the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area, Singapore, 28 January 1992.
16. Second Protocol to Amend the Revised Basic Agreement on ASEAN Industrial Joint Ventures, Manila, 23 October 1992.
17. Third Protocol to Amend the Revised Basic Agreement on ASEAN Industrial Joint Ventures, 2 March 1995.
18. Protocol to Amend the Agreement on the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA), Bangkok, 15 December 1995.
19. Protocol to Amend the Common Effective Preferential Tariff Scheme for the ASEAN Free Trade Area, Bangkok, 15 December 1995.
20. ASEAN Framework Agreement on Services, Bangkok, 15 December 1995.
21. 1995 ASEAN Framework Agreement on Intellectual Property Cooperation, Bangkok, 15 December 1995.
22. Protocol Amending the Agreement on ASEAN Energy Cooperation, Bangkok, 15 December 1995.
23. Basic Agreement on ASEAN Industrial Cooperation, Singapore, 26 April 1996.
24. Protocol to Amend the 1987 Agreement Among the Governments of Brunei Darussalam, Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand for the Protection and Promotion of Investments, Jakarta, 12 September 1996.
25. ASEAN Agreement on Customs, Phuket, Thailand, 1 March 1997
26. Protocol Amending the Agreement on the ASEAN Energy Cooperation, Kuala Lumpur, Malaysia, 23 July 1997.
27. 2nd Protocol to Amend the Agreement on the ASEAN Food Security Reserve, Subang Jaya, Malaysia, 23 July 1997.
28. Protocol to Implement the Initial Package of Commitments Under the ASEAN Framework Agreement on Services, Kuala Lumpur, Malaysia, 15 December 1997.
29. *Agreement on the Establishment of the ASEAN Center for Energy, Manila, Philippines, 22 May 1998
30. Protocol on Notification Procedures, Makati, Philippines, 7 October 1998.
31. Framework Agreement on the ASEAN Investment Area, Makati, Philippines, 7 October 1998.
32. ASEAN Framework Agreement on Mutual Recognition Arrangement (MRAs), Ha Noi, Viet Nam, 16 December 1998.
33. Protocol to Implement the Second Package of Commitments Under the ASEAN Framework Agreement on Services, Ha Noi, Viet Nam, 16 December 1998.
34. ASEAN Framework Agreement on the Facilitation of Goods in Transit, Ha Noi, Viet Nam, 16 December 1998.
35. Protocol on the Special Arrangement for Sensitive and Highly Sensitive Products, Singapore, 30 September 1999.
36. Protocol regarding the Implementation of the CEPT Scheme Temporary Exclusion List, Singapore, 23 November 2000.
37. E-ASEAN Framework Agreement, Singapore, 24 November 2000.
38. Protocol 5: ASEAN Scheme of Compulsory Motor Vehicle Insurance, Kuala Lumpur, Malaysia, 8 April 2001.
39. Protocol to Amend the Framework Agreement on the ASEAN Investment Area, Ha Noi, Viet Nam 14 September 2001.
40. Protocol to Implement the Third Package of Commitments Under the ASEAN Framework Agreement Services, Ha Noi, Viet Nam, 31 December 2001.
41. ASEAN Sectoral Mutual Recognition Arrangement for Electrical and Electronic Equipment, Bangkok, Thailand, 5 April 2002.
42. Protocol to Implement the Second Package of Commitments on Financial Services Under the ASEAN Framework Agreements on Services, Yangon, Myanmar, 6 April 2002.
43. Protocol to Amend the Agreement the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN Free Trade Area (AFTA) for the Elimination of Import Duties, 31 January 2003.
44. Protocol Governing the Implementation of the ASEAN Harmonized Tariff Nomenclature, Makati, Philippines, 7 August 2003.
45. *Agreement on the ASEAN Harmonized Cosmetic Regulatory Scheme, Phnom Penh, Cambodia, 2 September 2003.
46. Protocol to Amend the Protocol Governing the Implementation of the ASEAN Harmonised Tariff Nomenclature, Jeju Island, Korea, 15 May 2004.

Note 2007 Charter of the Association of Southeast Asian Nations Art 24(3):

“Where not otherwise specifically provided, disputes which concern the interpretation or application of ASEAN economic agreements shall be settled in accordance with the ASEAN Protocol on Enhanced Dispute Settlement Mechanism.”