Association of Southeast Asian Nations (1967-2004) (ASEAN) - World Arbitration Reporter (WAR) - 2nd Edition

Colin Ong is a practicing barrister at the English Bar (since 2001) and is a practicing door tenant at Essex Court Chambers and 3 Verulam Buildings. He is also managing partner at Dr Colin Ong Legal Services in Brunei and a registered foreign lawyer in Singapore. He has acted as lead counsel, cocounsel and arbitrator in many international commercial arbitrations in over 15 jurisdictions. He is an accredited arbitrator of and been appointed as arbitrator or presiding arbitrator in over 10 arbitral institutions. He is a Chartered Arbitrator and is a Visiting Professor of Law at various universities including the University of Malaya; National University of Malaysia (UKM); Kings College (London); National University of Singapore and Visiting Fellow at Queen Mary College (London). Dr Ong is President of the Arbitration Association Brunei Darussalam; Former Panel Member of the ASEAN Enhanced Dispute-Settlement Mechanism; Councilor of the LCIA (Asia-Pacific Users’ Committee); Vice Chair, Arbitration Committee, International Bar Association (2009 – 2011); Vice President, Asia Pacific Regional Arbitration Group (2009 – 2011; Advisory Councillor to the Indonesian National Board of Arbitration (BANI) and former Principal Legal Consultant to the ASEAN Centre for Energy. He graduated with LL.B (Sheffield); LL.M; Ph.D in Law (London) and holds FAMINZ(Arb); FCIArb; FMIArb; FSIArb and DiplCArb. He has published extensively and is editorial board member to many journals, including Asian International Arbitration Journal, Butterworths Journal of International Banking & Financial Law, and Maritime Risk International.

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Originally from World Arbitration Reporter (WAR) - 2nd Edition

I. INTRODUCTION

A. ASEAN as an International Organization

The Association of Southeast Asian Nations (ASEAN) is a supranational body comprising of the ten countries of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.

ASEAN was formed on the 8 August 1967 by the 5 founding members, namely Indonesia, Malaysia, The Philippines, Singapore and Thailand. Thereafter, Brunei Darussalam joined on 8 January 1984, Vietnam on 28 July 1995, Lao PDR and Myanmar on 23 July 1997, and Cambodia on 30 April 1999.

As of August 2015, the ASEAN region has a population of over 622 million , a total area of 4.5 million square kilometers, a combined gross domestic product of over US$2.14 trillion.

The ASEAN Declaration sets out that primary aims and purposes of ASEAN are to accelerate economic growth, social progress and cultural development in the region and to promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries in the region and adherence to the principles of the United Nations Charter.

The Agreement on the establishment of the ASEAN Secretariat which was signed by the ASEAN Foreign Ministers in Bali on 24 February 1976. The ASEAN Secretariat reports to a Standing Committee in accordance with its terms of reference that have been set out in the Agreement.

Table of Contents:

ASSOCIATION OF SOUTHEAST ASIAN NATIONS (1967-2004) (ASEAN) - TABLE OF CONTENTS from World Arbitration Reporter (WAR) - 2nd Edition

ASSOCIATION OF SOUTHEAST ASIAN NATIONS (1967-2004) (ASEAN)

I. INTRODUCTION

A. ASEAN as an International Organization

B. ASEAN Free Trade Area (AFTA

C. Key Developments within ASEAN in 2003

1. ASEAN Security Community

2. ASEAN Economic Community

D. Structures and Mechanisms within ASEAN

E. The ASEAN Charter

II. THE ASEAN DISPUTE SETTLEMENT MECHANISM

A. Informal Dispute Resolution Process

B. Formal Dispute Resolution Process

C. The ASEAN Protocol on Enhanced Disputes Settlement Mechanism (“the Vientiane Protocol

D. Consultations among the ASEAN Member States

E. Establishment of AD Hoc Panels

F. The Panels and Panelists within the DSM

G. Terms of Reference for Panels

H. Proceedings and Working Procedures of the Ad Hoc Panels

I. Adoption of the Panel Reports

J. Appeal Procedure under the ASEAN DSM

K. Adoption of Appellate Body Decision

L. Implementation of the Panel’s Findings

M. Suspension of Concessions

N. Arbitration

III. APPENDIX

A. Text of the ASEAN Declaration and Related Documents

1. ASEAN (Bangkok) Declaration

2. Treaty of Amity and Cooperation in Southeast Asia

3. Declaration of ASEAN Concord

4. Declaration of ASEAN Concord II

5. Singapore Declaration of 1992

6. ASEAN Protocol on Enhanced Dispute Settlement Mechanism

7. Charter of the Association of Southeast Asian Nations

B. Bibliography