| The Establishment of the China-ASEAN Free Trade Area took place in November 2000 and it was held in Singapore, during the session China and the ASEAN leaders were present. Nowadays, China-ASEAN Free Trade Area is being carried out, it can be said to have entered the formal implementation stage. In November 29,2004, China and ASEAN member countries signed a "Dispute Settlement Mechanism" and other documents, including negotiation, mediation, arbitration, etc., it indicates that China and ASEAN members of the establishment of the proposed mechanisms, consultative mechanisms, the administration of justice mechanism have been agreed for the China-ASEAN Free Trade Area of the legal basis for the operation and provided legal protection. But the agreement's dispute settlement mechanism established by a number of problems still exists, such as voting wrong arbitration, arbitral award review process defects, the lack of enforcement procedures and so on. In this regard, it is necessary to China-ASEAN dispute settlement mechanism to be discussed and suggestions to put forward a sound, hoping to promote the China-ASEAN Free Trade Area will benefit the further improvement.This article is divided into four parts. The first part is "The general analysis of China-ASEAN Free Trade Area", which introduces some of China-ASEAN Free Trade Area agreement background, significance, characteristics and main content. The second part is the "China-ASEAN Free Trade Area and WTO Dispute Settlement Mechanism", this part is about both, the dispute settlement mechanism to the basic procedures, scope, and the main body, the working hours and the Dispute Settlement Body and the Dispute Settlement Mechanism other aspects of the comparative analysis. The third part is the "China-ASEAN Free Trade Area Problems," This part of the China-ASEAN Free Trade Area problems, such as the lack of the composition of the arbitral tribunal, the tribunal set up and vote the way lack of review of arbitral awards program defects, lack of execution and punishment mechanism of the defects. The fourth part is the " The proposal of a perfect China- ASEAN Free Trade Area ", this part is about how to solve these problems and making specific proposals, such as the legal system of The China-ASEAN Free Trade Area, improving the conditions and the composition of the arbitral tribunal award review process, the main scope of the dispute should be extended to private, business and additional exclusive jurisdiction of the governing system and so on. |
