Last month I was speaking at a conference with representatives from arbitral institutions and seats across Asia, and an observation we shared was how the arbitral rules of institutions in Asia were converging towards best practices worldwide. And of course, many with whom I spoke were interested in what impact this may have for Chinese-related disputes.
As Chinese outbound investment increases, it is fitting that there is increasing choice for resolving Chinese outbound disputes. The China International Economic and Trade Arbitration Commission (CIETAC) and Beijing Arbitration Commission (BAC) recently revised their arbitration rules, which come into force on 1 January and 1 April 2015, respectively. These closely follow revisions to arbitral rules of institutions that also handle China-related matters, including the International Chamber of Commerce (ICC) Rules of Arbitration in 2012, the Singapore International Arbitration Centre (SIAC) Arbitration Rules in April 2013, and the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules in November 2013.
The author, Shaun Wu, is a principal of Kobre & Kim focused on international litigation and arbitration, and especially Chinese-related matters.