The ASEAN Alternative Dispute Resolution (ADR) Guidelines for Consumer Protection (2021) aims to assess the different approaches to ADR, the implementation in each ASEAN Member States (AMS), and the steps to establish and apply ADR mechanism effectively. The Guidelines take into consideration international and ASEAN best practices in ADR. This would set in place the right conditions for broadening economic growth, promoting competitive markets, and attracting cross-border investments in and across ASEAN as a whole. The steady increase of cross-border trade within ASEAN has also prompted the region to adopt a harmonised and unified approach to ADR. It is hoped that with these guidelines in place, ASEAN Member States will have an informative guiding document which they can consult, review, and implement to strengthen and fine-tune their respective alternative dispute resolution regimes for consumer disputes.
The Guidelines is divided into the following areas: (1) Development of National Policies for ADR of Consumer Disputes; (2) Access to Justice; (3) Expertise, Independence and Impartiality; (4) Transparency; (5) Effectiveness; (6) Fairness and Due Process; (7) Legality; (8) Efficiency; (9) Partial Autonomy; and (10) Enforcement.
The development of the ADR guidelines is in line with initiative 1.5.1 under the ASEAN Strategic Action Plan on Consumer Protection (ASAPCP 2016-2025), specifically which is to “Develop guidelines for common approaches to ADRs including consideration of a mechanism for resolving consumer complaints through consumer groups”.
Download the ASEAN ADR Guidelines for Consumer Protection (866 kb)
Related project:
Addressing Gaps in the establishment of an ASEAN Consumer Protection Framework Phase I