The EU-Mercosur Agreement: what are the rules of procedure for arbitration and mediation?
The EU-Mercosur Agreement: what are the rules of procedure for arbitration and mediation?

Summary/Abstract: On 17 January 2026, the EU and the four Mercosur countries signed the EU-Mercosur Agreement, which will be provisionally applied from 1 May 2026. The treaty is attracting growing attention because of its great, in particular, economic significance. The main objective of this study is to analyse and evaluate the rules of procedure for arbitration and mediation, as well as the “code of conduct for members of arbitration panels and mediators” included in the EU-Mercosur Agreement. This article has sought to identify the strengths and weaknesses of the mechanisms adopted by the parties to the agreement. The approach is mainly based on the analysis and criticism of relevant primary source text, in particular the text of the EU-Mercosur Agreement, as well as relevant secondary literature and reliable websites. A reading of the provisions on arbitration and mediation has allowed the author to make a hypothesis that these rules were specific and detailed enough in order to help resolve the dispute. This hypothesis is then verified in the course of the study. This work is making a significant contribution to the research field addressing the EUMercosur Agreement. While most studies focus on its trade effects and the environmental and labour issues, this study concentrates on arbitration and mediation procedures.

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