Binding dispute resolution administered by independent arbitrators.
Arbitration provides a binding method of resolving disputes outside traditional court litigation. In arbitration, parties agree to submit their dispute to a neutral third party (the arbitrator or arbitral tribunal), who considers the evidence and submissions of both sides and issues a binding and enforceable award.
Arbitration is confidential, flexible, and commonly used in construction, infrastructure, commercial, and contractual disputes.
The Construction Arbitration Centre (Asia Pacific) serves as an appointing authority for arbitrators in construction and infrastructure disputes throughout the Asia-Pacific region. Where parties are unable to agree on the appointment of an arbitrator, or where their contract designates CACAP as the appointing authority, the Centre facilitates the nomination and appointment of qualified, independent, and impartial arbitrators in accordance with its appointment procedures.
The Centre maintains a panel of experienced arbitrators with expertise in construction, law, engineering, quantity surveying, project management, and related technical disciplines. The appointment process includes review of qualifications, conflict checking, and assessment of availability to ensure that appointed arbitrators possess the requisite expertise and independence for each dispute.
Once an arbitrator or tribunal is appointed, the arbitration proceeds independently in accordance with the arbitration rules agreed by the parties, whether institutional rules (such as UNCITRAL, ICC, SIAC, HKIAC, or other recognised rules) or ad hoc procedures. The Centre does not administer arbitration proceedings, provide case management, coordinate communications, or participate in the conduct or substance of the arbitration. All procedural matters, hearings, and determinations are conducted directly between the parties and the appointed tribunal.
The Centre's role is limited to the appointment function and, where applicable, determination of challenges to arbitrators, replacement of arbitrators, or resolution of disputes concerning arbitrator fees in accordance with its rules.
CACAP's nomination process is designed to facilitate the selection of qualified arbitrators for construction and infrastructure disputes. The process commences when parties submit a request for the appointment of an arbitrator or arbitral tribunal to the Centre. The request should include details of the dispute, the required expertise, any agreed qualifications or selection criteria, and disclosure of any potential conflicts of interest.
The Centre reviews its panel to identify candidates whose qualifications and experience match the requirements of the dispute. Conflict checks are conducted to ensure independence and impartiality. The Centre then proposes suitable candidates to the parties for their consideration and agreement, or, where authorised to act as appointing authority, directly appoints the arbitrator or tribunal.
Upon appointment, the Centre issues formal confirmation, and the arbitrator or tribunal assumes responsibility for the conduct of the arbitration. The arbitration proceeds in accordance with the arbitration rules agreed by the parties.
All procedural matters, including establishment of timetables, case management, submission of written pleadings and evidence, conduct of hearings, and deliberations, are managed directly between the parties and the appointed tribunal. The tribunal ensures procedural fairness, impartiality, and the right of each party to be heard. The tribunal issues its binding award directly to the parties. Arbitral awards are recognised and enforceable internationally under the New York Convention.
The Centre does not administer the arbitration proceedings or participate in the conduct or substance of the dispute. The Centre's involvement concludes upon appointment, unless further appointment functions are required.
Our Centre is committed to upholding the highest standards of ethics, integrity, and procedural fairness, supporting parties with technically proficient, diligent and experienced arbitrators.
Centre rules, model agreements, and practitioners guides are available on request. Please contact the Centre.