Dispute Settlement  
     
 

The Parties shall, within 1 year after the date of entry into force of the ACFTA, shall establish appropriate formal dispute settlement procedures and mechanism.

Pending the establishment of the formal dispute settlement procedures and mechanism, any disputes concerning the interpretation, implementation or application of  the ACFTA shall be settled amicably by consultations and/or mediation.

If the consultations fail to settle a dispute within 60 days after the date of receipt of the request for consultations or within 20 days after such date in cases of urgency including those which concern perishable goods, the complaining party may make a written request to the party complained against to appoint an arbitral tribunal.

An appointed arbitral tribunal shall meet in closed session. The parties to the dispute shall be present at the meetings only when invited by the arbitral tribunal to appear before it.

The arbitral tribunal shall release to the parties to the dispute its final report within 120 days from the date of its composition. When the arbitral tribunal considers that it cannot release its final report within 120 days, or within 60 days in cases of urgency, it shall inform the parties concerned in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. The final report of the arbitral tribunal shall become a public document within 10 days after its release to the parties concerned.