Chiann Bao: Singapore Hong Kong Arbitration Rivalry Intensifies

• Independent arbitrator Chiann Bao discussed the Singapore-Hong Kong arbitration rivalry and other key trends in Asian dispute resolution during a recent interview.
• Bao, a former Secretary-General of HKIAC and Vice President of the ICC Court, shared her insights at Singapore Convention Week.
• She highlighted the growing influence of soft-law instruments like the IBA Guidelines and India's potential as an arbitration hub.
• With nearly 150 cases arbitrated and extensive experience in institutional leadership, Bao's perspectives are grounded in deep practical knowledge.

These developments collectively necessitate a nuanced understanding for lawyers advising clients on the most advantageous forum and procedural nuances for their international commercial arbitration needs.

Independent arbitrator Chiann Bao, a prominent figure in international dispute resolution, recently offered her insights into the competitive landscape of arbitration in Asia during an interview with Bar & Bench's Pallavi Saluja at Singapore Convention Week. Bao, who currently serves at ArbBoutique and was recently appointed an international judge at the Bahrain International Commercial Court, brings a wealth of experience to the discussion. Her distinguished career includes a tenure as Vice President of the ICC Court of Arbitration and, notably, as Secretary-General of the Hong Kong International Arbitration Centre (HKIAC) from 2010 to 2016, a period during which she spearheaded significant international growth for the institution.

During the Chiann Bao interview, she addressed critical developments shaping the region, including the ongoing Chiann Bao Singapore Hong Kong arbitration rivalry for pre-eminence as Asia's leading arbitration seat. Her commentary also delved into the expanding influence of soft-law instruments, such as the IBA Guidelines, and the burgeoning potential of India to establish itself as a credible arbitration hub. These topics are central to understanding the strategic considerations for parties engaged in cross-border commercial disputes across the continent.

The competition between Singapore and Hong Kong to be recognized as the premier arbitration destination in Asia remains a focal point for international practitioners. This Asia arbitration seats comparison highlights the evolving preferences and strategic choices made by businesses and legal teams when drafting dispute resolution clauses. Beyond the established rivalry, Chiann Bao emphasized the increasing relevance of "soft law" instruments in shaping procedural expectations and best practices. Specifically, the IBA Guidelines soft law arbitration framework is gaining traction, providing non-binding but influential guidance that can impact the conduct of arbitral proceedings.

Furthermore, the discussion underscored the significant, albeit nascent, potential for India to emerge as a formidable player in the global arbitration arena. While still developing, India's trajectory as a possible India arbitration hub potential suggests a future where the regional landscape could become even more diverse and competitive. These developments collectively necessitate a nuanced understanding for lawyers advising clients on the most advantageous forum and procedural nuances for their international commercial arbitration needs.

Chiann Bao's perspectives are informed by an exceptionally deep and varied career in international arbitration. Over nearly a decade, she has served as an independent arbitrator, presiding over approximately 150 cases with claims valued in the billions of dollars. Her journey into this adjudicatory role was cultivated through years of institutional engagement, beginning in 2010 during her time at the HKIAC. This period provided her with an intimate understanding of how companies and entire economies depend on private dispute resolution mechanisms.

Prior to her institutional leadership, Bao also gained valuable experience in private practice, working in both Hong Kong and New York. Her extensive background, including her past leadership at the HKIAC and her role as Vice President of the ICC arbitration Court, has equipped her with a comprehensive view of the operational and strategic aspects of major arbitration institutions. It was this close involvement with the process that ultimately solidified her desire to pursue an adjudicatory career, driven by an initial sense of curiosity about the field.

Lawyers advising on international commercial arbitration in Asia should note the evolving competition between Singapore and Hong Kong as preferred seats, and the increasing relevance of soft-law instruments like the IBA Guidelines, when strategizing dispute resolution clauses or proceedings. This insight helps in selecting the most advantageous forum and understanding procedural nuances for clients engaged in cross-border disputes.

Source: Insights derived from a Bar & Bench interview.