The Council of the European Union has published a proposal for a decision that would approve a new, full list of 21 arbitrators for the dispute settlement system under the Economic Partnership Agreement (EPA) with the SADC EPA States, replacing the roster adopted on 18 February 2019. The proposal, dated 6 August 2026, will be submitted to the Trade and Development Committee, which is responsible for formally adopting the replacement list. The move is designed to ensure the continued functioning of the dispute settlement mechanism, which requires a minimum number of available arbitrators.
eight arbitrators proposed by the SADC EPA States, eight proposed by the EU, and five jointly selected non-nationals who are eligible to chair panels. The original list was established by Decision No. 1/2019 of 18 February 2019, and the revision is necessary to maintain the roster's operational capacity. The EPA has been provisionally applied since 10 October 2016 for all parties except Mozambique, which has applied it with the EU since 4 February 2018. The draft decision is adopted only in English, as it does not amend the agreement and concerns only internal dispute settlement operations. The decision will enter into force on the date of its adoption.
The proposal reflects a routine but essential administrative update to keep the dispute settlement system operational. For the EU and SADC EPA States, the new roster ensures that panels can be composed when disputes arise, avoiding delays that could undermine the agreement's enforcement. For businesses and investors operating under the EPA, a functioning dispute settlement mechanism provides legal certainty and a credible avenue for resolving trade-related conflicts. However, the replacement of the entire list may raise concerns about continuity, as experienced arbitrators are replaced by new appointees, potentially affecting the consistency of panel rulings. The joint selection of five non-national chairs is intended to balance neutrality and expertise, but the process of agreeing on these individuals could be subject to negotiation between the parties.
The proposal now moves to the Council for adoption, after which the Trade and Development Committee will formally approve the new list. No further institutional steps are required, as the decision does not amend the agreement itself. The update is a procedural measure, but it is critical for the long-term credibility of the EU-SADC EPA's dispute settlement framework.