First Paragraph
Under the ASEAN Charter, disputes arising from ASEAN economic agreements are resolved by the 2004 ASEAN Protocol on Enhanced Dispute Settlement Mechanism (eDSMP). Disputes relating to specific ASEAN instruments shall be settled through the mechanisms and procedures provided by such instruments. Disputes that do not concern the interpretation or application of any ASEAN instruments may be resolved in accordance with the Treaty of Amity and Cooperation in Southeast Asia (TAC). Article 25 of the ASEAN Charter, in particular, provides that appropriate mechanisms, including arbitration, shall be established for the settlement of disputes relating to the interpretation or application of the ASEAN Charter and other ASEAN instruments.
Recommended Citation
Hao D. Phan, Towards a Rules-Based ASEAN: The Protocol to the ASEAN Charter on Dispute Settlement Mechanisms, 5 Arb. L. Rev. 254 (2013).