Chiann Bao Discusses the Future of Arbitration in Singapore and Hong Kong

Chiann Bao, a distinguished independent arbitrator at ArbBoutique, has overseen nearly 150 cases worth billions of dollars. Recently appointed as an international judge at the Bahrain International Commercial Court, Bao is a former Vice President of the ICC Court of Arbitration and served as Secretary-General of the Hong Kong International Arbitration Centre (HKIAC) between 2010 and 2016, a period marked by significant international expansion. During the Singapore Convention Week, she shared insights with Bar & Bench’s Pallavi Saluja on the competitive landscape between Singapore and Hong Kong as Asia’s arbitration hubs, the influence of soft-law instruments like the IBA Guidelines, and India’s emerging role in arbitration.

Contents

Charting a Path in Arbitration

Pallavi Saluja (PS): You have transitioned from leading arbitration institutions to private practice and now a partner at ArbBoutique. What motivated this journey?

Chiann Bao (CB): My nearly decade-long experience as an independent arbitrator builds on years in private practice in Hong Kong and New York. My tenure at HKIAC exposed me to institutional work’s intricacies, revealing how economies depend on private dispute resolution. Initially, I was driven by curiosity, venturing into uncharted territories. Opportunities beyond the conventional path intrigued me. At ArbBoutique, I cherish the supportive environment that aligns with my vision for the future of arbitration and technology’s role in it.

Singapore vs. Hong Kong: An Unnecessary Rivalry?

PS: You led the HKIAC through a transformative phase. From your perspective, how do Singapore and Hong Kong compare as arbitration seats?

CB: The debate often overlooks that Asia accounts for half the world’s population and 60% of its economy. Why must we choose just one seat? Cities like Delhi and Mumbai or Paris and London are often compared despite their unique attributes. Similarly, Singapore and Hong Kong, both with rich arbitration ecosystems, complement rather than compete. Hong Kong benefits from its proximity to China and its financial hub status, while Singapore’s robust dispute resolution platform is backed by governmental support.

The Role of Soft Law in Arbitration

PS: Given your experience with major institutions and the IBA Arbitration Committee, how significant is soft law in arbitration today?

CB: Soft law is crucial, providing a common procedural framework. Instruments like the IBA Guidelines on Conflicts of Interest have become integral, creating a uniform language. India’s adoption of these guidelines signifies a bold step in legitimizing arbitration practices, showcasing leadership in the field.

Evolving Dispute Profiles

PS: With over 100 cases under your belt, how have disputes evolved?

CB: Traditional disputes in energy, construction, and trade remain prevalent. However, there’s notable growth in areas like private equity, corporate disputes, and emerging tech sectors such as crypto and fintech.

Diversity in Arbitration

PS: Is the arbitration profession genuinely becoming more diverse?

CB: There’s substantial progress, particularly in gender diversity. Geographic diversity is evolving too, albeit less quantifiably. Clients prioritize fair hearings, and greater diversity enriches the pool of arbitrators.

Addressing Criticisms of Arbitration

PS: Is arbitration becoming as costly and slow as litigation?

CB: While some criticisms are valid, arbitration offers many routes to efficiency. Educating parties on these options is crucial, as is proactive case management to prevent delays.

Mediation’s Growing Importance

PS: How do you balance roles as an arbitrator and a mediator?

CB: Mediation, spotlighted by the Singapore Convention, is gaining recognition. As a mediator, I focus on uncovering the core issues and guiding parties towards resolution, contrasting with the structured nature of arbitration.

Judicial Role in Bahrain

PS: What attracted you to the Bahrain International Commercial Court?

CB: The region’s growth potential and cultural diversity are compelling. The court’s international composition and ties to Singapore present an exciting opportunity for collaboration.

India’s Arbitration Landscape

PS: How do you view India’s positioning as an arbitration hub?

CB: India has achieved significant strides, with a growing reputation bolstered by its diaspora’s excellence. The establishment of institutions like MCIA and reforms in the Arbitration Act are commendable efforts towards reducing judicial interference.