Terms governing the use of this website and the Centre's services.
These Terms and Conditions ("Terms") govern your use of the website operated by the Construction Arbitration Centre (Asia Pacific) ("CACAP", "the Centre", "we", "us", or "our") at cacap.asia (the "Website") and the services provided by the Centre. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the Website.
CACAP operates as an appointing authority and nomination service provider for construction and infrastructure disputes in the Asia Pacific region. The Centre facilitates the appointment of qualified neutrals for arbitration, mediation, expert determination, dispute boards, and related dispute resolution processes.
The Centre's services include the nomination and appointment of neutrals, maintenance of panels of qualified practitioners, professional accreditation, and training. The specific terms governing each service are set out in the Centre's rules, procedures, and service agreements, which are provided to parties upon engagement.
The information provided on the Website is for general informational purposes only. While we endeavour to keep the information accurate and current, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website or the information, products, services, or related materials contained on the Website.
Nothing on the Website constitutes legal advice. Parties are encouraged to seek independent legal and professional advice in relation to their specific circumstances.
All content on the Website, including text, graphics, logos, images, and software, is the property of CACAP or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Website without our prior written consent.
When using the Website or submitting information to the Centre, you agree to provide accurate, current, and complete information, to use the Website only for lawful purposes, and not to engage in any conduct that could damage, disable, or impair the Website or interfere with any other party's use of the Website.
To the fullest extent permitted by applicable law, CACAP, its directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website or the Centre's services. This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.
The Centre's role is limited to the nomination and appointment of neutrals. The Centre does not administer dispute resolution proceedings, participate in the conduct or substance of disputes, or assume responsibility for the actions, decisions, or determinations of appointed neutrals.
You agree to indemnify and hold harmless CACAP, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to your use of the Website, your breach of these Terms, or your violation of any applicable law or the rights of any third party.
The Website may contain links to third-party websites. These links are provided for convenience only. CACAP does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites. You access third-party websites at your own risk.
Information submitted to the Centre in connection with nomination requests, appointment processes, and document submissions is treated as confidential, subject to the Centre's obligation to disclose information as necessary for the conduct of its appointment and administration functions and as required by law.
The Secure Document Portal (the "Portal") is a facility provided by the Centre for the confidential submission of documents by parties to active dispute resolution matters administered by or in connection with the Centre. Access to the Portal requires a valid matter reference and access code issued by the Centre.
Documents submitted through the Portal are treated as strictly confidential and will be used solely in connection with the referenced matter. The Centre will not disclose documents submitted through the Portal to any third party without the express consent of the submitting party or as required by law.
The Centre employs reasonable technical measures to protect documents submitted through the Portal, including encryption in transit (TLS 1.3) and secure storage (AES-256 encryption at rest). However, the Centre does not warrant that the Portal is immune from unauthorised access, interception, or system failure. Users submit documents through the Portal at their own risk and are responsible for maintaining their own copies of all documents submitted.
The Centre does not accept responsibility for any loss, corruption, or unauthorised disclosure of documents submitted through the Portal arising from circumstances beyond the Centre's reasonable control, including but not limited to system failures, cyber incidents, or third-party service provider outages.
Access codes are issued to specific authorised persons in connection with specific matters. Recipients must not share, disclose, or transfer access codes to any person not authorised by the Centre. The Centre reserves the right to revoke access codes at any time without notice.
The Website provides online submission forms for nomination requests, membership applications, accreditation enquiries, and general contact. All information submitted through these forms is treated as confidential and will be used solely for the purpose of processing the relevant request, conducting any necessary conflicts check, and corresponding with the submitting party.
Where a submission form permits the upload of supporting documents, such documents are transmitted securely and stored in the Centre's document management system. The same limitations of liability and exclusions set out in these Terms in respect of the Secure Document Portal apply equally to documents uploaded through submission forms.
The submission of a nomination request or other enquiry through the Website does not create a binding obligation on the Centre to accept or act upon the request, nor does it give rise to any professional-client or contractual relationship between the submitting party and the Centre.
Applications for accreditation under the Centre's Professional Accreditation Scheme are submitted at the applicant's sole risk. The applicant warrants that all information provided in connection with an accreditation application is true, accurate, and complete, and acknowledges that the Centre relies upon the accuracy of such information in assessing the application.
The Centre retains absolute and unfettered discretion to grant, refuse, defer, or impose conditions upon any application for accreditation. The Centre is not obliged to provide reasons for its decision and no appeal or review process is available unless expressly provided for under the Accreditation Scheme Terms.
To the fullest extent permitted by applicable law, the Centre accepts no liability whatsoever for the outcome of any accreditation application, including any loss, damage, or consequence arising from the grant or refusal of accreditation, the time taken to process an application, or any reliance placed by the applicant or any third party upon the accreditation status of any person.
Accreditation by the Centre does not constitute an endorsement, guarantee, or representation as to the competence, suitability, or fitness for purpose of the accredited person in respect of any particular matter or engagement. Parties engaging an accredited person do so on their own assessment and at their own risk.
The Centre reserves the right to suspend, revoke, or withdraw accreditation at any time where, in its sole judgement, the accredited person has failed to comply with the Accreditation Scheme Terms, has engaged in conduct prejudicial to the reputation or interests of the Centre, or where circumstances otherwise warrant such action. The Centre shall not be liable for any loss or damage arising from the suspension, revocation, or withdrawal of accreditation.
These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Thailand.
CACAP reserves the right to amend these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Website following the posting of amended Terms constitutes your acceptance of such changes.
If you have any questions regarding these Terms, please contact us:
Construction Arbitration Centre (Asia Pacific)
Contact the Secretariat
Effective Date: March 2026