Draft 'Agreement on the Establishment of the Asia-Pacific Regional Mediation Organization'

Abstract

This draft Agreement is an initiative of some members of Asia WTO Research Network. The idea is to establish a regional inter-governmental organization of Asia-Pacific Regional Mediation Agreement (ARMO) for Asia-Pacific countries to consider. It is to provide legal facilities for mediation of Member-to-Member disputes. The draft Agreement includes articles addressing the establishment of the ARMO; the purpose and jurisdiction of the agreement and the voluntariness principle; relations with other dispute settlement mechanisms; headquarter and branches; the composition, decision-making, functions, and meetings of the Administrative Council; the Secretariat (including Secretary-General, Deputy Secretaries-General and staff) and the respective functions; List of Mediators and designation of and qualification for persons to the Lists; the adoption of rules of procedure of ARMO mediation; binding effect of the settlement agreement arising from ARMO mediation; and the opening for accession by any Asia-Pacific State or Economy. It is hoped that the ARMO will assist in the resolution of State-to-State or Economy-to-Economy disputes in the region in a friendly, swift and peaceful manner.

Keywords: Asia-Pacific Regional Mediation Organization (ARMO), dispute settlement, Lists of Mediators, mediation, settlement agreement