Arbitration in the Asia-Pacific region

This report was produced and researched by Conventus Law in association with Harbour Litigation Funding.

Conventus Law identified and approached arbitration experts across the Asia-Pacific region to collect their input on their thoughts of the arbitration markets. Conventus Law contacted 15 arbitral institutions between January 2018 to October 2018 to engage the arbitral institutions to contribute their data and insights on their respective arbitration markets.

Countries where arbitration data was sourced directly from the arbitral institutions were France (ICC), Hong Kong (HKIAC), Malaysia (AIAC), Singapore (SIAC), South Korea (KCAB), UK (LCIA) and Vietnam (VIAC). The data has been provided by major arbitral institutions in each country. This does not necessarily represent a complete picture for that country. Each institution reports data in its own way making useful comparisons between different institutions and for the arbitration industry as a whole more challenging. In addition, some institutions offer much more data than others. We aimed to present the data as uniformly as possible.

Research notes

  • All numbers have been rounded up/down to the nearest hundreds figure and, where currency comparison were required, we converted all local currencies to U.S. dollars.
  • Despite the fact that no distinction is made between claimants and respondents, because both parties agree to an arbitral institution of choice in the contract, it is still important to review statistics related to which nationalities arbitrate in each institution.
  • Data analysis by Eric Chin based on information offered by each institution and desktop research of reports on the arbitration markets in the jurisdictions analysed

Acknowledgements

This report was researched and written by Eric Chin, a strategy consultant who works with law firms, listed law firms, LegalTech firms, NewLaw firms and corporate legal departments on strategy, M&A, market analysis and innovation. His experience spans across the Asia-Pacific region with work completed for law firms and Big Four accounting firms across Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, New Zealand, Philippines, Singapore, South Korea, Taiwan, Thailand and Vietnam. Eric’s work in the region has culminated in his induction as one of 30 people to watch in the business of law in Asia in 2015 by Asia Law Portal alongside Conventus Law’s managing director, Stephen Lai.

We would like to express our huge gratitude and sincere thanks to all the mentioned organisations and contacts for their time and insights so generously given, as well as for their help in gathering the needed data.

Susan Dunn
Founder, Investment Committee Member

Dominic Afzali
Associate Director of Litigation Funding
Previously with Allen & Overy and Volterra Fietta

Ellora MacPherson
Chief Investment Officer
Previously, EMEA General Counsel at Warnaco Inc (Calvin Klein).