2005 ASEAN Framework Agreement on Multimodal Transport

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Article 37:

“The provisions of the ASEAN Protocol on Enhanced Dispute Settlement Mechanism signed in Vientiane, Lao PDR on 29th November 2004, shall apply to consultation and the settlement of disputes under this Agreement, except when the dispute relates to the application of Article 36.”

Article 25:

“1. In judicial proceedings relating to international multimodal transport under this Agreement, the plaintiff, at his option, may institute an action in a court which, according to the law of the country where the court is situated, is competent and within the jurisdiction of which is situated one of the following places:

a. The principal place of business or, in the absence thereof, the habitual residence of the defendant; or

b. The place where the multimodal transport contract was made, provided that the defendant has there a place of business, branch or agency through which the contract was made; or

c. The place taking the goods in charge for the multimodal transport or the place of delivery; or d. Any other place designated for that purpose in the multimodal transport contract and evidenced in the multimodal transport document.

2. Notwithstanding the provisions of paragraph 1 of this Article, an agreement made by the parties after a claim has arisen, which designates the place where the plaintiff may institute an action, shall be effective.”

Article 26:

“1. Subject to the provisions of this Article, parties may provide by agreement evidenced in writing that any dispute that may arise relating to international multimodal transport under this Agreement shall be referred to arbitration.

2. The arbitration proceedings shall, at the option of the claimant, be instituted at one of the following places:

a. A place in a State within whose territory is situated;

(i) The principal place of business of the defendant or, in the absence thereof, the habitual residence of the defendant; or

(ii) The place where the multimodal transport contract was made, provided that the defendant has there a place of business, branch or agency through which the contract was made; or

(iii) The place of taking the goods in charge for the multimodal transport or the place of delivery: or

b. Any other place designated for that purpose in the arbitration clause or agreement.

3. The arbitrator or arbitration tribunal shall apply the provisions of this Agreement.

4. The provisions of paragraphs 2 and 3 of this Article shall be deemed to be part of every arbitration clause or agreement and any term of such clause or agreement which is inconsistent therewith shall be null and void.

5. Nothing in this Article shall affect the validity of an agreement on arbitration made by the parties after the claim relating to the international multimodal transport has arisen.”

Read together with Article 2:

“This Agreement shall apply to: a. All multimodal transport operators under the register of each competent national body; and b. All contracts of multimodal transport for the purpose of settling civil claims, if: (i) The place for the taking in charge of the goods by the multimodal transport operator as provided for in the multimodal transport contract is located in a Member Country, or (ii) The place for delivery of the goods by the multimodal transport operator as provided for in the multimodal transport contract is located in a Member Country.”

This Agreement is one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2019 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix 1. The 2019 Protocol will only apply with respect to new requests for consultations made on or after its entry into force (20 June 2022).  Protocol applies to all other disputes. 

Secretary-General of ASEAN

ASEAN Secretariat

01/10/2008

Article 41.2: “This Agreement shall enter into force upon the thirtieth day after the deposit of the second Instrument of Ratification or Acceptance and shall become effective only among the Member Countries that have ratified or accepted it. For each Member Country ratifying or accepting this Agreement after the deposit of the second Instrument of Ratification or Acceptance, this Agreement shall enter into force on the thirtieth day after the deposit of its Instrument of Ratification or Acceptance”

This Agreement is one of the ‘Covered Agreements’ pursuant to Article 1.1 of the 2019 ASEAN Protocol on Enhanced Dispute Settlement Mechanism read together with its Appendix 1. 

1992 Framework Agreement on Enhancing ASEAN Economic Cooperation

1998 ASEAN Framework Agreement on Mutual Recognition Arrangements

1998 ASEAN Framework Agreement on the Facilitation of Goods in Transit

2004 ASEAN Framework Agreement for the Integration of Priority Sectors

2009 ASEAN Framework Agreement on the Facilitation of Inter-State Transport

2016-2025 Kuala Lumpur Transport Strategic Plan

2019 Implementation Framework of the ASEAN Framework Agreement on Multimodal Transport

2019 Declaration on the Adoption of the Implementation Framework of the ASEAN Framework Agreement on Multimodal Transport

ASEAN Secretariat accessed on 01/09/2022