For the purposes of paragraph 2, with regard to disputes concerning Articles 18.3 (Multilateral labour standards and agreements – Trade and sustainable development Chapter), 18.4 (Trade and gender equality – Trade and sustainable development Chapter), 18.5 (Multilateral environmental agreements – Trade and sustainable development) or 18.6 (Trade and climate change – Trade and sustainable development Chapter), the opinions of experts or the information requested by the panel should include information and advice from the ILO or from other relevant organisations or bodies established under multilateral agreements or instruments referred to in those Articles.
The panel shall consider amicus curiae submissions from natural persons of a Party or legal persons established in a Party in accordance with Annex 24-A (Rules of procedure).
Any information obtained by the panel under this Article shall be disclosed to the Parties and the Parties may provide comments thereon.
Rules of interpretation
The panel shall interpret the covered provisions in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties, done at Vienna on 23 March 1969.
The panel shall also take into account relevant interpretations in reports of WTO panels and the Appellate Body adopted by the Dispute Settlement Body of the WTO as well as in arbitration awards under the DSU.
Reports and decisions of the panel cannot add to or diminish the rights and obligations of the Parties under this Agreement.
Reports and decisions of the panel
The deliberations of the panel shall be kept confidential. The panel shall make every effort to draft reports and take decisions by consensus. If this is not possible, the panel shall decide the matter by majority vote. In no case shall separate opinions of panellists be disclosed.
The decisions and reports of the panel shall be accepted unconditionally by the Parties. They shall not create any rights or obligations with respect to natural or legal persons.
Each Party shall promptly make the reports and decisions of the panel and its submissions publicly available, subject to the protection of confidential information.
The panel and the Parties shall treat as confidential any information submitted by a Party to the panel in accordance with Annex 24-A (Rules of procedure).
Choice of forum
If a dispute arises regarding a particular measure in alleged breach of an obligation under this Agreement and a substantially equivalent obligation under another international agreement to which both Parties are party, including the WTO Agreement, the Party seeking redress shall select the forum in which to settle the dispute.
Once a Party has selected the forum and initiated dispute settlement procedures under this Section or under another international agreement, the Party shall not initiate dispute settlement procedures under the other agreement with respect to the particular measure referred to in paragraph 1, unless the forum selected first fails to make findings for procedural or jurisdictional reasons.
For the purposes of this Article:
dispute settlement procedures under this Section are deemed to be initiated by a Party's request for the establishment of a panel in accordance with Article 24.5 (Initiation of panel procedures);
dispute settlement procedures under the WTO Agreement are deemed to be initiated by a
Party’s request for the establishment of a panel in accordance with Article 6 of the DSU; and
dispute settlement procedures under any other agreement are deemed to be initiated in accordance with the relevant provisions of that agreement.
Without prejudice to paragraph 2, nothing in this Agreement shall preclude a Party from suspending obligations authorised by the Dispute Settlement Body of the WTO or authorised under the dispute settlement procedures of another international agreement to which the Parties are party. The WTO Agreement or any other international agreement between the Parties shall not be invoked to preclude a Party from suspending obligations pursuant to this Section.
Article ARTICLE 24.26
Objective
The objective of the mediation mechanism is to facilitate the finding of a mutually agreed solution through a comprehensive and expeditious procedure with the assistance of a mediator.
Request for information
At any time before the initiation of the mediation procedure, a Party may deliver a written request for information regarding a measure adversely affecting trade or investment between the Parties. The Party receiving the request shall, within 20 days after the date of delivery of the request, deliver a written response containing its comments on the requested information.
If the Party receiving the request considers it will not be able to deliver a response within
20 days after the date of delivery of the request, it shall promptly notify the requesting Party, stating the reasons for the delay and providing an estimate of the shortest period within which it will be able to deliver its response.
A Party is normally expected to deliver a written request for information under this Article before requesting to enter into a mediation procedure under Article 24.28 (Initiation of the mediation procedure).
Initiation of the mediation procedure
A Party may at any time request to enter into a mediation procedure with respect to any measure by a Party adversely affecting trade or investment between the Parties.
The request shall be made in writing and delivered to the other Party. The request shall be sufficiently detailed to present the concerns of the requesting Party and shall:
identify the specific measure at issue;
provide a statement of the adverse effects that the requesting Party considers the measure has, or will have, on trade or investment between the Parties; and
explain how the requesting Party considers that those effects are linked to the measure.
The mediation procedure may only be initiated by agreement of the Parties which may include an agreement on a mediator, in order to explore mutually agreed solutions and consider any advice and proposed solutions by the mediator. The Party to which the request is made (hereinafter referred to as "the requested Party") shall give good faith consideration to the request and deliver its written acceptance or rejection of the request to the requesting Party within 10 days after the date of its delivery. Otherwise, the request shall be regarded as rejected.
Selection of the mediator
If a mediator has not been agreed pursuant to Article 24.28(3) (Initiation of the mediation procedure), the Parties shall endeavour to agree on a mediator within 10 days after the date of delivery of the written acceptance to mediate.
In the event that the Parties are unable to agree on the mediator within 10 days after the date of delivery of written acceptance to mediate, either Party may request the co-chair of the Trade Committee from the requesting Party to select the mediator by lot, within five days from the request, from the list of possible mediators referred to in Article 24.7(4) (Lists of panellists). The
co-chair of the Trade Committee from the requesting Party may delegate such selection by lot of the mediator. The requested Party may be present during the lot.
If the sub-list of chairpersons referred to in Article 24.7 (Lists of panellists) is not established at the time a request is made pursuant to Article 24.28 (Initiation of the mediation procedure), the mediator shall be drawn by lot from the individuals formally proposed by one Party or both of the Parties for that sub-list. Where applicable, the selection by lot shall be limited to the individuals identified in such proposals as possible mediators.
The Parties shall notify, in writing, the individual who has been selected to serve as mediator and invite that individual to confirm their availability. Unless the Parties agree otherwise, the date of the appointment of the mediator shall be the date on which the selected individual confirms their availability. If the selected individual notifies that he or she is unavailable or does not confirm their availability within 10 days, a new individual shall be selected. To that end, the procedure provided in this Article shall be repeated, starting with the selection method that led to the selection of the unavailable individual.
A mediator shall not be a natural person of either Party or employed by either Party, unless the Parties otherwise agree.
A mediator shall comply with Annex 24-B (Code of conduct for panellists and mediators).
Rules of the mediation procedure
Within 10 days of the appointment of the mediator, the requesting Party shall deliver to the mediator and to the requested Party a detailed written description of its concerns, in particular of the operation of the measure at issue and its possible adverse effects on trade or investment. Within 20 days after the date of the delivery of such description, the requested Party may deliver written comments on that description. Either Party may include any information that it deems relevant in its description or comments.
The mediator shall assist the Parties in a transparent manner to understand the measure concerned and its possible adverse effects on trade or investment. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested
by the Parties. The mediator shall consult with the Parties before seeking the assistance of, or consulting with, relevant experts and stakeholders. Engagement of experts shall be subject to any terms and conditions agreed by the Parties, where applicable.
The mediator may offer advice and propose a solution for the consideration of the Parties. The Parties may accept or reject the proposed solution, or agree on a different solution. The mediator shall not advise or comment on the consistency of the measure at issue with this Agreement.
The mediation procedure shall take place in the territory of the requested Party, or by mutual agreement in any other location or by any other means.
The Parties shall endeavour to reach a mutually agreed solution within 70 days after the date of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, particularly if the mediation procedure relates to matters of urgency.
On request of either Party, the mediator shall deliver a draft factual report to the Parties within 20 days after the date of such a request. The draft factual report shall provide:
a brief summary of the measure at issue;
the procedures followed; and
if applicable, any mutually agreed solution reached, including possible interim solutions.
The mediator shall allow the Parties to submit comments on the draft factual report within 15 days after the date of the delivery of that report.
The mediator shall deliver a final factual report to the Parties within 30 days after the date of delivery of the draft factual report. The final factual report shall clearly address the comments made by each Party, if any. Neither the draft nor the final factual report shall include any interpretation of this Agreement or reach any conclusions on the consistency of the measure at issue with this Agreement.
The mediation procedure shall be terminated by:
the adoption of a mutually agreed solution by the Parties, on the date of the adoption thereof;
mutual agreement of the Parties at any stage of the mediation procedure, on the date of that agreement;
a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or
a written declaration of a Party after the time period specified in paragraph 5 has expired, on the date of that declaration, provided that the Parties have first explored a mutually agreed solutions under the mediation procedure and considered any advice and solutions proposed by the mediator.
Confidentiality
Unless the Parties agree otherwise, all steps of the mediation procedure, including any advice or proposed solution, are confidential. Either Party may disclose to the public the fact that mediation is taking place.
Relationship to dispute settlement procedures
The mediation procedure is without prejudice to each Party's rights and obligations under Sections B (Consultations) and C (Panel procedures) or under dispute settlement procedures under any other agreement.
If a Party requests establishment of a panel in accordance with Article 24.5 (Initiation of panel procedures) in relation to the measure that is the subject of the mediation, the other Party may terminate the mediation by written declaration and without complying with point (d) of Article 24.30(7) (Rules of the mediation procedure).
A Party shall not rely on, or introduce as evidence, in other dispute settlement procedures under this Agreement or any other agreement, nor shall a panel take into consideration:
positions taken by the other Party in the course of the mediation procedure or information exclusively gathered pursuant to Article 24.30(2) (Rules of the mediation procedure);
the fact that the other Party has indicated its willingness to accept a solution to the measure subject to mediation; or
advice given or proposals made by the mediator.
Unless the Parties agree otherwise, a mediator shall not serve as a member of a panel in dispute settlement procedures under this Agreement or under any other agreement involving the same matter for which he or she has been a mediator.
Article ARTICLE 24.33
Mutually agreed solution
The Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 24.3 (Scope).
If a mutually agreed solution is reached during the panel or mediation procedure, the Parties shall jointly notify that solution to the chairperson of the panel or the mediator, as applicable. On such notification, the panel or the mediation procedure shall be terminated.
Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period.
No later than at the expiry of the agreed time period the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution, including, where applicable, the text of such measure.
Time periods
All time periods laid down in this Chapter shall be counted in days from the day following the act to which they refer. Time periods laid down in this Chapter shall be calculated with reference to the date and time in Brussels.
Any time period referred to in this Chapter may be modified by mutual agreement of the Parties.
The panel may at any time propose to the Parties to modify any time period referred to in Section C (Panel procedures), stating the reasons for the proposal.
Costs
Each Party shall bear its own expenses derived from its participation in the procedures or mediation procedure.
The Parties shall share jointly and equally the expenses derived from organisational matters, including the remuneration and expenses of the panellists and of the mediator.4
4 For greater certainty, this provision is without prejudice to the specific rules in Annex 24-A (Rules of procedure) with regard to expenses related to the logistical administration of the hearing.
The Trade Committee may adopt a decision setting out the parameters or other details on the remuneration and the reimbursement of expenses of panellists and mediators, including any related costs that could be incurred in the proceedings. In the absence of such decision, the remuneration and the reimbursement of expenses of panellists and mediators and of any related costs shall be determined in accordance with Rule 10 of Annex 24-A (Rules of procedure).
Each panellist and mediator shall keep a record and render a final account of the time devoted to the proceedings and of the expenses, as well as the time and expenses of their assistants and administrative staff.
DISCLAIMER: The Commission and Australia are publishing the texts of the Agreement following the announcement of conclusion of the negotiations on 24 March 2026. The texts are published in view of the public interest in the Agreement, for information purposes only and they may undergo further minor modifications, including as a result of the process of legal and linguistic revision. These texts are without prejudice to the final outcome of the Agreement between the EU and Australia. The texts will be final upon signature. The Agreement will become binding on the Parties under international law only after completion by each Party of its applicable legal requirements and procedures necessary for the entry into force of the Agreement.
ANNEX 24-A
RULES OF PROCEDURE
Notifications
Any request, reply, notice, written submission or other document of:
the panel shall be sent to both Parties at the same time;
a Party which is addressed to the panel shall be copied to the other Party at the same time; and
a Party which is addressed to the other Party shall be copied to the panel at the same time, as appropriate.
Any notification referred to in Rule 1 shall be in writing and shall be made by e-mail or, where appropriate, any other means of telecommunication that provides a record of its sending. Unless proven otherwise, such notification shall be deemed to be delivered on the date it is sent.
All notifications referred to in Rule 1 shall be addressed to, for the Union, the Directorate-General for Trade of the European Commission and, for Australia to the Department of Foreign Affairs and Trade or its successor.
Minor errors of a clerical nature in a request, notice, written submission or other document related to the proceedings may be corrected by delivery of a new document clearly indicating the changes.
If the last day for delivery of a document falls on a non-working day of the institutions of the Union or of the relevant institutions of the Government of Australia, the time period for the delivery of the document shall end on the first following working day.
Any notification referred in under Rule 1 shall be delivered by 17:00 hours (Brussels time) on the required date.
Appointment of panellists
If a panellist is to be selected by lot pursuant to Article 24.6 (Establishment of a panel), the co-chair of the Trade Committee from the complaining Party shall promptly inform the co-chair of the Trade Committee from the Party complained against of the date, time and venue of the selection by lot. The Party complained against may be present during the selection. In any event, the selection shall be carried out with the Party or Parties that are present.
The co-chair of the Trade Committee from the complaining Party shall notify, in writing, each individual who has been selected to serve as a panellist of their selection. That notification shall be copied to the co-chair of the Trade Committee from the Party complained against. Each individual shall confirm their availability to both Parties within five days after the date on which he or she was informed of their selection.
If any individual who has been selected to serve as a panellist does not confirm their availability within the time period provided for in Rule 8, or notifies that he or she is unavailable, a new individual shall be selected. To that end, the procedure provided for in Article 24.6 (Establishment of a panel) shall be repeated, starting with the selection method that led to the selection of the unavailable individual.
The co-chair of the Trade Committee from the complaining Party shall select by lot the panellist or chairperson of the panel, within five days after the expiry of the time period referred to in Article 24.6(2) (Establishment of a panel), if any of the relevant sub-lists referred in Article 24.7 (Lists of panellists):
is not established or if no individual on the relevant sub-list is available, from amongst those individuals who have been proposed by one or both Parties for the establishment of that particular sub-list; or
no longer contains at least five individuals, from amongst those individuals who remain on that particular sub-list.
A panellist shall accept their appointment by signing an appointment contract and returning a signed copy to the co-chair of the Trade Committee from the complaining Party. Unless otherwise entrusted to an external body pursuant to Article 24.5(5) (Initiation of panel procedures), the Parties shall endeavour to ensure that, at the latest by the time all the panellists have confirmed their availability, they have agreed on the remuneration and the reimbursement of expenses of the panellists and assistants, and have prepared the necessary appointment contracts, with a view to having them signed promptly. The remuneration and expenses of the panellists shall be based on WTO standards. The remuneration and expenses of an assistant or assistants of a panellist shall not exceed 50 % of the remuneration of that panellist.
Organisational meeting
11A. Unless the Parties agree otherwise, they shall meet the panel within seven days after the date of its establishment in order to determine any matters that the Parties or the panel deem appropriate, including the timetable of the proceedings. Panellists and representatives of the Parties may take part in such meeting through any means of communication, including telephone or video conference.
Written submissions
The complaining Party shall deliver its written submission no later than 15 days after the date of establishment of the panel. The Party complained against shall deliver its written submission no later than 25 days after the date of delivery of the written submission of the complaining Party.
Operation of the panel
The chairperson of the panel shall preside at all panel meetings. The panel may delegate to the chairperson the authority to make administrative and procedural decisions.
Unless otherwise provided in Chapter 24 (Dispute settlement) or in this Annex, the panel may conduct its activities by any means including telephone, video-conference or other electronic means of communication.
Only panellists may take part in the deliberations of the panel. Notwithstanding, the panel may permit their assistants to be present at its deliberations.
Without prejudice to the research or assistance provided by any assistants, the drafting of any decision and report shall remain the exclusive responsibility of the panel and shall not be delegated.
Where a procedural question arises that is not covered by the Chapter 24 (Dispute settlement), this Annex or Annex 24-B (Code of conduct for panellists and mediators), the panel, after consulting the Parties, may adopt an appropriate procedure that is compatible with Chapter 24 (Dispute settlement), this Annex or Annex 24-B (Code of conduct for panellists and mediators), as applicable.
If the panel considers that there is a need to modify any of the time periods for the proceedings other than the time periods set out in Chapter 24 (Dispute settlement) or to make any other procedural or administrative adjustment, it shall inform the Parties, in writing of the time period or adjustment needed and the reasons therefor. The panel may adopt the modification or adjustment after consultation with the Parties.
Where a jurisdictional question arises, a Party may request the panel to make a ruling on that matter. The request shall be submitted at the earliest possible opportunity and generally no later than that Party’s first written submission. The panel may rule on the request either as a preliminary question or in its reports and decisions, as it considers appropriate.
Replacement
If a Party considers that a panellist does not comply with Annex 24-B (Code of conduct for panellists and mediators) and should therefore be replaced, that Party shall notify the other Party within 15 days after the date on which it obtained sufficient evidence of the panellist's alleged failure to comply with Annex 24-B (Code of conduct for panellists and mediators).
The Parties shall consult within 15 days after the date of the notification under Rule 20, taking into account the evidence of the panellist’s alleged failure to comply with Annex 24-B (Code of conduct for panellists and mediators). The Parties shall inform the panellist of the alleged failure and they may request the panellist to take steps to ameliorate that failure. They may also, if they so agree, remove the panellist and select a new panellist in accordance with Article 24.6 (Establishment of a panel).
If the Parties fail to agree on the need to replace a panellist, other than the chairperson of the panel, either Party may request the chairperson of the panel to make a decision on the matter, which shall be final.
If the chairperson of the panel finds that the panellist does not comply with Annex 24-B (Code of conduct for panellists and mediators), the new panellist shall be selected in accordance with Article
24.6 (Establishment of a panel).
If the Parties fail to agree on the need to replace the chairperson, either Party may request that this matter be referred to one of the remaining members of the pool of individuals from the relevant sub-list of chairpersons established under Article 24.7 (Lists of panellists). The individual’s name shall be drawn by lot by the co-chair of the Trade Committee from the requesting Party, or the co-chair's delegate. The decision by the selected person on the need to replace the chairperson shall be final. If the selected person is unavailable to make the decision, the selection process shall be repeated.
If the selected person finds that the chairperson does not comply with Annex 24-B (Code of conduct for panellists and mediators), a new chairperson shall be selected in accordance with Article 24.6 (Establishment of a panel).
Hearings
Based on the timetable determined pursuant to Rule 10, after consulting with the Parties and the other panellists, the chairperson of the panel shall notify the Parties of the date, time and venue of the hearing. That information shall be made publicly available by the Party in which the hearing takes place, unless the hearing is closed to the public.
Unless the Parties agree otherwise, the hearing shall be held in Brussels if the complaining Party is Australia and in Canberra if the complaining Party is the Union. The Party complained against shall bear the expenses derived from the logistical administration of the hearing. In duly justified circumstances and at the request of a Party, the panel may decide, after consulting the other Party, to hold a virtual or hybrid hearing and make appropriate arrangements, taking into account the rights of due process and the need to ensure transparency.
The panel may convene additional hearings if the Parties so agree.
All panellists shall be present during the entirety of the hearing.
Unless the Parties agree otherwise, the following persons may attend the hearing, irrespective of whether or not the hearing is open to the public:
representatives and advisers of a Party;
assistants and administrative staff;
interpreters, translators and court reporters of the panel; and
experts, if used by the panel pursuant to Article 24.22(2) (Receipt of Information).
No later than five days before the date of a hearing, each Party shall deliver to the panel and to the other Party a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives and advisers who will be attending the hearing.
The panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time in both argument and rebuttal argument:
Argument
argument of the complaining Party; and
argument of the Party complained against.
Rebuttal Argument
reply of the complaining Party; and
counter-reply of the Party complained against.
The panel may direct questions to either Party at any time during the hearing.
The panel shall arrange for a transcript, and where that is not practicable, a recording of the hearing, to be prepared and delivered to the Parties as soon as possible after the hearing. Each Party may comment on the transcript or recording and the panel may consider those comments and, where necessary, address any inaccuracies.