A Guide to Asia-Pacific Region Arbitration Hubs

As Asian Legal Business recently detailed:  “Arbitration as an ADR mechanism has been steadily gaining traction across the Asia Pacific region. This is particularly accelerated by several recent legal developments and regulatory changes such as Third Party Funding legislations and Investment Treaties.

In addition, the quality of arbitration centres in the Asia Pacific region has been constantly improving and being extensively promoted both directly and indirectly through arguments that arbitration is a much more cost and time-effective way of resolving disputes as compared to traditional ways such as litigation which can at times prove to be costly.”

And as International Arbitration Asia explained in 2015: “In what has been described as Asia’s entrance into a ‘golden age of arbitration’. Governments in the region have raced to develop legal and physical infrastructure facilitative of arbitration – the Asia-Pacific now represents the highest concentration of Model Law jurisdictions across the world. Arguably, in the transnational business environment of today, an understanding of prevailing arbitral laws, procedure and culture is crucial to be able to negotiate cross-jurisdictional transactions effectively.”

Arbitration in Asia is often conducted in one or more of a number of hubs located in key cities in local Asia-Pacific jurisdictions.  As a means to help those interested in more information on these Asia-Pacific region arbitration hubs, Asia Law Portal has compiled a list below of these Arbitration Hubs with the relevant website and an overview of each.

South Korea

Seoul International Dispute Resolution Centre  (SIDRC) — As the Centre’s Facebook page details:  “Established as a non-profit organization, the Seoul IDRC strives for global recognition and exposure of South Korea’s arbitration-friendly legal system.”  The Centre’s website is located here.

The Korean Commercial Arbitration Board (KCAB) — As KCAB’s website details: As international trade and commerce increase among the nations of the world, inevitably, disputes will arise. As these transactions grow more complex, it becomes increasingly important to resolve disputes and conflicts quickly, fairly and conclusively. In Korea, the Korean Commercial Arbitration Board (KCAB) is ideally placed to assist international parties to resolve disputes encountered in the course of their commercial activities.”  The KCAB’s website is located here.

Global Arbitration Review details the recent “remarkable changes in Korea’s international arbitration regime” in a 2017 article located here.

Japan

The Japan Commercial Arbitration Association (JCAA) – As the JCAA website details:  “As the only permanent commercial arbitral institution in Japan, JCAA contributes to the resolution of disputes arising from international and domestic business transactions.”  The JCAA website is located here.

As Nikkei Asian Review reported in 2017:  “With more companies seeking to settle disputes through arbitration, Japan’s public and private sectors are joining hands to create a new center for commercial arbitration to boost the number of cases handled in the country.”  The report also noted that:  “With the Tokyo Olympic Games coming up in 2020, government agencies will also work together to ensure the centre can handle sports-related issues such as doping.”

Mainland China

Shenzhen Court of International Arbitration (SCIA) — As SCIA details on its website:  “South China International Economic and Trade Arbitration Commission (also known as the Shenzhen Court of International Arbitration; previously known as the China International Economic and Trade Arbitration Commission South China Subcommission, the China International Economic and Trade Arbitration Commission Shenzhen Subcommission; hereinafter the “SCIA”) was established in 1983 in Shenzhen Special Economic Zone. It is an arbitration institution founded to resolve the contract disputes and other property rights disputes amongst individuals, legal entities and other institutions from domestic China and overseas.”  SCIA’s website is located here.

Beijing Arbitration Commission (BAC) — As the BAC’s website details:  “Beijing Arbitration Commission (BAC), also called Beijing International Arbitration Center, was established on September 28, 1995. It is a permanent arbitration body which settles contractual and property-related disputes among equal parties including natural persons, legal persons and other organizations in an independent, impartial and efficient manner.

Since its establishment, BAC has rapidly developed into an arbitration body with an extensive reputation in China. Adhering to its values of “Independence, Impartiality, Professionalism and Efficiency”, BAC endeavours to develop into a diversified dispute resolution centre combining arbitration, mediation and construction project review, as well as a centre for information communication, training, research, publicity and promotion, so as to motivate the development of diversified dispute resolution in China.”  The BAC’s website is located here.

China International Economic and Trade Arbitration Commission (CIETAC) — As the CIETAC website details:  The China International Economic and Trade Arbitration Commission (CIETAC) is one of the major permanent arbitration institutions in the world. Formerly known as the Foreign Trade Arbitration Commission, CIETAC was set up in April 1956 under the China Council for the Promotion of International Trade (CCPIT)…to meet the needs of China’s ever-developing economic and trade relations with foreign countries…” CIETAC’s website is located here.

China Maritime Arbitration Commission (CMAC) — As the CMAC website details:  “China Maritime Arbitration Commission (“CMAC”), established within the China Council for the Promotion of International Trade on 22 January 1959 in accordance with the Decision made by the State Council of the People’s Republic of China on 21 November 1958, is a permanent arbitration institution, taking cognizance of domestic and international cases involving maritime disputes. CMAC has its headquarters in Beijing, with sub-commissions in Shanghai, Tianjin, Chongqing, Shenzhen, Hong Kong and Fujian.” CMAC’s website is located here.

Hong Kong International Arbitration Centre Shanghai (HKIAC) — As Herbert Smith Freehills noted:  “On 20 November 2015, the Hong Kong International Arbitration Centre (HKIAC) announced the opening of a representative office in Shanghai.The HKIAC’s on-the-ground presence in Shanghai is an important milestone for China-related arbitration, as it is the first time that an offshore institution has set up in the mainland.”  The HKIAC’s website is located here.

Huang Tao, a Partner with King & Wood Mallesons, details Arbitration procedures and practice in China in a 2017 Thomson Reuters article located here

Hong Kong

Hong Kong International Arbitration Centre (HKIAC) — As the HKIAC website details: “HKIAC was established in 1985 by a group of leading businesspeople and professionals in an effort to meet the growing need for dispute resolution services in Asia…It is one of the world’s leading dispute resolution organisations, specialising in arbitration, mediation, adjudication and domain name dispute resolution.  HKIAC also offers state-of-the-art hearing facilities, which have been ranked first worldwide for location, value for money, IT services and helpfulness of the staff.”  HKIAC’s website is located here.   

Vietnam

Vietnam International Arbitration Centre (VIAC) — As the VIAC website details: “Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry (VIAC) was established in 1993 on the basis of merging the Foreign Trade Arbitration Committee (founded in 1963) and the Marine Arbitration Committee (founded in 1964). VIAC is an independent and non-profit organization.

The objective of VIAC is to promote the dispute resolution method of arbitration or alternative dispute resolution (ADR). VIAC has a strong desire of building up an objective, impartial and reliable method of dispute resolution which also ensures effectiveness and convenience. VIAC has been considered as a reputable arbitration institute in Vietnam and gains much of reliance of domestic and international business communities.”  The VIAC’s website is located here.

Pacific International Arbitration Centre (PIAC) — As PIAC’s website details it “was established in 2006 to meet the demands of the business community for a neutral, efficient and reliable dispute resolution institution in Vietnam.” PIAC’s website is located here.

Hang Hoang published Vietnam Dispute Resolution Guide 2016 on the Vietnam Arbitration blog here.

Laos

As Arion Legal detailed in 2017: “In recent years, Lao PDR has established the Centre of Economic Dispute Resolution (CEDR) and Office of Economic Dispute Resolution (OEDR)

as mediation or arbitration centres for commercial disputes in Lao PDR. The CEDR and OEDR are gradually gaining the attention of local investors as an alternative dispute resolution mechanism to the Lao PDR court system but the vast majority of matters referred have been for mediation rather than arbitration.”

Cambodia

The Arbitration Council — As the Arbitration Council’s website details: “Embracing good governance principles enables the Arbitration Council to differentiate its operations from other Cambodian legal institutions for quality dispute resolution.  As the caseload has grown, adherence to these principles – integrity, independence and neutrality, equity, participation, transparency, predictability and responsiveness – has resulted in continually increasing standards of service of labour dispute resolution and long-term sustainability of the service.” The Arbitration Council’s website is located here.

Myanmar

As Global Arbitration Review detailed in 2017:  “Despite the Union of Myanmar Federation of Chambers of Commerce and Industry’s (UMFCCI) plan to set up and expand arbitration centres in conjunction with and following the passing of the Arbitration Law 2016, there has been little progress.”

Thailand

Thailand Arbitration Center (THAC) — As the THAC’s Facebook page details: “The purposes of THAC are to support and promote the international system of arbitration, to become a centre of arbitration known widely for stipulating independent services on arbitration and to improve arbitration centre in Thailand in order to meet the same standard as arbitration institutions in other countries.”  The THAC’s website is located here.

Malaysia

Kuala Lumpur Regional Centre for Arbitration (KLRCA) — As the KLRCA website details: The Kuala Lumpur Regional Centre for Arbitration (KLRCA) was established in 1978 under the auspices of the Asian-African Legal Consultative Organisation (AALCO). KLRCA was the first regional centre established by AALCO in Asia to provide institutional support as a neutral and independent venue for the conduct of domestic and international arbitration proceedings in Asia.

KLRCA was also established pursuant to a host country agreement with the Government of Malaysia.” The KLRCA website is located here.

Singapore

Singapore International Arbitration Centre (SIAC) — As the SIAC’s website details:  “SIAC is an independent, neutral and not-for-profit global arbitration institution which provides case management services to the international business community. In terms of its internationally administered caseload, SIAC is amongst the Top 5 institutions in the world.”  SIAC’s website is located here.

In 2016, the Financial Times detailed how “Singapore is becoming a world leader in arbitration”

Indonesia

BANI Arbitration Center — As BANI’s website details: “BANI Arbitration Center, or formally Indonesia National Board of Arbitration (BANI), is an arbitral institution, providing a range of services in relation to arbitration, mediation, binding opinion and another form of dispute resolutions.”  BANI’s website is located here.

As Indonesia Investments explains: “Indonesia recognizes both Indonesian arbitration decisions and international arbitration decisions. For Indonesian arbitration, contract parties generally choose BANI (Badan Arbitrasi Nasional Indonesia) to resolve their disputes as it is Indonesia’s primary arbitration institution. For international arbitration contracts parties in Indonesia often seek to resolve their disputes through SIAC (Singapore International Arbitration Centre), due to its convenient geographic location and its outstanding reputation.”

Australia

Australian Centre for International Commercial Arbitration (ACICA) — ACICA details on their website: “The Australian Centre for International Commercial Arbitration (ACICA) is Australia’s international dispute resolution institution. Established in 1985 as an independent, not-for-profit organisation, ACICA’s objective is to promote and facilitate the efficient resolution of commercial disputes throughout Australia and internationally by arbitration and mediation, with the aim of delivering expediency and neutrality of process, the enforceability of outcome and commercial privacy to parties in dispute.” The ACICA website is located here.

Australian Disputes Centre (ADC) — ADC’s website explains that: ADC is an independent, not-for-profit organisation, dedicated to advancing ADR across Australia and internationally to deliver the benefits of world-class Alternative Dispute Resolution to businesses, professionals, governments and communities. ADC’s website is located here.

Melbourne Commercial Arbitration and Mediation Hub —  As the Hub’s website explains: “The Melbourne Commercial Arbitration and Mediation Centre (MCAMC) is conveniently located in Melbourne’s legal precinct in the William Cooper Justice Centre. Custom built for Arbitration, the Centre has state-of-the-art facilities and the latest technology in communications.”  The Melbourne Commercial Arbitration and Mediation Hub website is located here.

The Resolution Institute, while not an Arbitration hub, is important to mention because, as it’s website details, it “is a vibrant community of mediators, arbitrators, adjudicators, restorative justice practitioners and other DR professionals. Created as a result of the integration of LEADR with IAMA in 2014. We are a not-for-profit organisation with more than 4,000 members in Australia, New Zealand and the Asia Pacific region.”

New Zealand

New Zealand Dispute Resolution Centre (NZIAC) —  As NZIAC’s website details:  “The New Zealand International Arbitration Centre (NZIAC) provides an effective forum for the settlement of international trade, commerce, investment, and cross-border disputes in the Australasian/Pan Pacific region.” NZIAC’s website is located here.

The Arbitrators’ and Mediators’ Institute of New Zealand Inc. (AMINZ), while not an arbitration hub, is, as its’ website details:  “The leading body in New Zealand for people working in dispute resolution.” AMINZ’s website is located here.

India

Mumbai Centre for International Arbitration — As the Centre’s website details:  The Mumbai Centre for International Arbitration (MCIA) is a first-of-its-kind arbitral institution in India, established in a joint initiative between the Government of Maharashtra and the domestic and international business and legal communities. The MCIA aims to be India’s premier forum for commercial dispute resolution.  The Centre’s website is located here.

International and Domestic Arbitration Centre in India (IDAC) – As IDAC’s website explains that it’s: “a premier International Arbitration Institution based in India and promoted by arbitration practitioners. IDAC India provides neutral, efficient and reliable dispute resolution services in this emerging hub of Asia’s industrial and commercial activity and also upholds the highest standards in the International and Domestic Arbitration practice area.“  The IDAC’s website is located here.

The Indian Council of Arbitration (ICA) — As the ICA website details:  “The ICA was established in 1965 as a specialized arbitral body at the national level under the initiatives of the Govt. of India and apex business organizations like FICCI etc. Based in New Delhi, the main objective of ICA is to promote amicable, quick and inexpensive settlement of commercial disputes by means of arbitration, and conciliation, regardless of location.”  The ICA website is located here.

Taiwan

The Chinese Arbitration Association, Taipei (CAA) — As the CAA website details: “The Chinese Arbitration Association, Taipei (“CAA”) is a non-profit organization based in Taipei, Taiwan, addressing disputes through arbitration, mediation and other forms of alternative dispute resolution under either its own rules or any other rules agreed upon by the arbitrating parties.”  The CAA website is located here.

Macau

World Trade Centre Macau Arbitration Centre — As the Centre’s website details:  “The objective of the World Trade Center Macau Arbitration Center (also known as WTC Macau Arbitration Center) is to promote the resolution of disputes through arbitration and conciliation, providing the parties of the dispute with alternative resolutions other than judicial litigation.”