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The APEC Collaborative Framework For ODR of Cross-Border B2B Disputes - Removal Procedure

Removal Procedure

If an ODR provider appears not to be in compliance with the APEC ODR Collaborative Framework and the Model Procedural Rules, for matters such as (but not limited to) failing to:

  • create a fee structure that ensures fees are affordable and commensurate with the amount in dispute; 
  • ensure communications take place in a secure environment;
  • manage appropriately the progression through the stages of the dispute resolution process (negotiation, mediation and arbitration);
  • submit the required data at the required intervals and with sufficient quality to be compliant with the APEC ODR Collaborative Framework, para. 4.3;
  • create and send out the required feedback questionnaire, as provided in the APEC ODR Collaborative Framework, para. 4.4;
  • create a roster of neutrals and ensure their adequate training; and 
  • create a mechanism to ensure neutrals are impartial and independent from the parties who selected them;
  • The APEC EC Chair or SELI Conveyor will refer the matter to a panel of lead academic institutions for consultation: 
    • The panel will include the lead academic institution from the economy where the provider is located. 
    • The referral will specify which provision(s) of the Framework or Procedural Rules has not been followed.
    • The panel of lead academic institutions will consult with the ODR Provider and report back to SELI and the EC on the outcome of the consultations. 
    • The report may include whether the ODR provider has:
      • Participated in the consultation process;
      • Undertaken appropriate adjustments to remedy the situation;
      • Provided sufficient information to address the concerns. 
  • In the event the noncompliance continues, the lead academic institutions may recommend to the APEC EC Chair and/or SELI Conveyor that the ODR provider be removed. The panel will provide specific examples of noncompliance and of the attempts made to help the provider address the concerns.
  • If removal is recommended, the APEC EC Chair will notify the ODR provider in writing, give the provider a copy of the report and ask them to give a written explanation of their actions within 10 working days, in paper or electronic format.
  • The ODR provider can attest to their willingness to address the concerns in their response if they wish. In this case, the ODR provider shall have 30 days to remedy the non-compliance. The ODR provider may submit a request for extension of the 30-day period to the APEC Chair by providing good cause. 

If the ODR provider fails to remedy the non-compliance within the specified timeframe, APEC may remove the ODR provider from its official list of ODR providers. (Collaborative Framework, para. 4.6)

  • The APEC EC Chair will circulate information on the ODR provider’s non-compliance to member economies that have opted into the APEC ODR Collaborative Framework.
  • If there is no consensus to retain the concerned ODR provider within [14] calendar days from the date of the circulation of the said information on non-compliance, the provider will be removed from the list on the 15th day.