The Construction Arbitration Centre Asia Pacific (CACAP) maintains a comprehensive suite of institutional rules, model agreements, practitioners' guides and administrative documents governing the conduct of dispute resolution proceedings administered under its auspices. These publications reflect the Centre's commitment to providing a transparent, well-regulated framework for the resolution of construction and infrastructure disputes across the Asia Pacific region.
The documents listed below are available upon request to parties, legal representatives and practitioners seeking to commence proceedings, nominate or appoint arbitrators, expert determiners, mediators or dispute board members, or otherwise engage the services of the Centre. Copies may be obtained by contacting the Centre.
Constitutional Framework
CACAP Constitution
The founding constitutional instrument of the Centre, setting out its objects, the composition and powers of the Council, the role and authority of the Chairperson, membership provisions, financial governance, amendment procedures and dissolution arrangements. The Constitution establishes the institutional framework within which all Centre activities are conducted.
Dispute Resolution Rules
CACAP Arbitration Rules
The Centre's principal procedural rules governing the conduct of arbitration proceedings administered by CACAP. The Rules address the commencement of proceedings, constitution of tribunals, conduct of hearings, evidence, interim measures, costs, and the rendering of awards. They are designed specifically for construction and infrastructure disputes and reflect international best practice.
CACAP Expedited Arbitration Rules
A streamlined set of procedural rules providing for the expedited determination of disputes of lower value or reduced complexity. The Expedited Rules establish abbreviated timelines, simplified procedures and, where appropriate, determination on documents alone, whilst preserving the essential procedural safeguards of the full Arbitration Rules.
CACAP Expert Determination Rules
Procedural rules governing expert determination proceedings administered by the Centre. Expert determination provides a binding decision by a suitably qualified expert on matters of a technical, valuation or factual nature. The Rules address appointment, procedure, the expert's mandate, and the effect of the determination.
CACAP Mediation Rules
Procedural rules for the conduct of mediation proceedings administered by the Centre. The Rules establish a structured framework for facilitated negotiation, addressing the appointment of the mediator, confidentiality, the conduct of sessions, and the recording of any settlement reached by the parties.
CACAP Dispute Board Rules
Rules governing the establishment and operation of dispute boards under the Centre's administration. Dispute boards provide standing or ad hoc panels for the ongoing resolution of disputes arising during the course of construction projects, through recommendations, decisions, or a combination thereof.
Model Agreements and Retainers
CACAP Model Expert Determination Agreement
A model form of agreement for execution by the parties and the expert determiner, establishing the terms of the expert's engagement, the scope of the reference, the applicable procedure, confidentiality obligations and the binding nature of the determination.
CACAP Model Expert Determiner Retainer
A model retainer agreement setting out the terms upon which the expert determiner is retained, including remuneration, expenses, limitation of liability, and the obligations of the parties in respect of the expert's fees.
CACAP Model Mediation Agreement
A model form of agreement for execution by the parties and the mediator, defining the terms of the mediation engagement, the mediator's role and authority, confidentiality provisions, and the procedure for recording any settlement.
CACAP Model Dispute Board Member Agreement
A model form of agreement between the parties and each dispute board member, establishing the member's terms of engagement, availability requirements, site visit arrangements, remuneration, and obligations of independence and impartiality.
Practitioners' Guides
CACAP Arbitrators' Practitioners' Guide
A comprehensive guide for arbitrators conducting proceedings under the CACAP Arbitration Rules. The Guide addresses practical matters including case management, procedural directions, the conduct of hearings, treatment of evidence, deliberations, and the drafting and issuance of awards.
CACAP Expert Determiners' Practitioners' Guide
A practical guide for expert determiners appointed under the CACAP Expert Determination Rules. The Guide covers the conduct of the determination process, communications with the parties, site inspections, the preparation of the determination, and matters of procedure and professional practice.
CACAP Expert Witness Practitioners' Guide
Guidance for expert witnesses appearing in proceedings administered by the Centre. The Guide addresses the expert's duties to the tribunal, the preparation and presentation of expert reports, the giving of oral evidence, and professional standards of conduct expected of expert witnesses.
CACAP Dispute Board Practitioners' Guide
A practical guide for dispute board members serving under the CACAP Dispute Board Rules. The Guide addresses the establishment and operation of the board, site visits, informal assistance, referrals, hearings, and the preparation of recommendations and decisions.
Guidance Notes and Practice Notes
CACAP Expert Witness Guidance Note
A guidance note for parties and practitioners on the engagement and use of expert witnesses in construction dispute proceedings. The Note addresses the selection of experts, the scope of instructions, duties of independence and objectivity, and the preparation of expert evidence in accordance with the Centre's expectations.
CACAP Practice Note on Generative Artificial Intelligence
A practice note addressing the use of generative artificial intelligence tools in proceedings administered by the Centre. The Note sets out the Centre's position on transparency, disclosure obligations, the responsibilities of parties and practitioners when utilising AI-generated content, and the safeguards necessary to maintain the integrity of proceedings.
Nomination and Appointment
CACAP Nomination and Appointment Procedures
The Centre's procedures governing the nomination and appointment of arbitrators, expert determiners, mediators and dispute board members. The Procedures address the process for requesting nominations, the criteria applied by the Centre in selecting candidates, requirements for disclosure of conflicts, and the mechanism for challenges to appointments.
Professional Standards and Conduct
CACAP Code of Professional and Ethical Conduct
The Centre's code governing the professional and ethical standards required of all practitioners appearing in or appointed to proceedings administered by CACAP. The Code addresses independence, impartiality, confidentiality, conflicts of interest, and the general duty to act with integrity and in the interests of the fair resolution of disputes.
CACAP Accreditation Scheme Policy
The Centre's policy governing the accreditation of construction dispute resolution practitioners. The Scheme sets out the criteria, application process, assessment methodology, continuing professional development requirements, and conditions for the maintenance and renewal of CACAP accreditation.
Administrative Documents
CACAP Schedule of Fees
The Centre's published schedule setting out the administrative fees, registration fees, and tribunal or panel member fees applicable to proceedings administered under the various CACAP rules. The Schedule provides transparency to parties in respect of the costs of Centre-administered proceedings.
CACAP Terms of Engagement (Party)
The standard terms upon which the Centre engages with parties referring disputes to CACAP for administration. The Terms address the scope of the Centre's administrative services, limitations of liability, data protection obligations, and the respective responsibilities of the Centre and the parties.
Request Centre Documents
Copies of any of the above documents may be obtained by contacting the Centre. The Centre reserves the right to update, amend or supplement any of its published documents from time to time.
Contact the Centre