Asian European Arbitration Centre

Statutes

ASEAC's activities and procedures are governed by the ASEAC Statutes and ASEAC’s Articles of Association.

They define the requirements for enlisting to the ASEAC List of Arbitrators and the procedure of the Appointing Authority.

Statutes for ASEAC

The General Assembly of the Asian European Arbitration Centre GmbH adopted the following statutes for ASEAC in accordance with § 7 para. 4 (ii) of the Articles of Association:

  • Article 1: List of Arbitrators

    1. The ASEAC management shall add to the List of Arbitrators all individual members or persons listed by corporate members of the Asian European Arbitration Association e.V. (ASEAA) who comply with the following conditions:

      (a) admission as an attorney in good standing at a bar of any nation in the world for at least eight (8) years or submission of a comparable documentation of experience (e.g. eight years experience as judge, academic or inhouse-counsel);

      (b) submission of the ASEAC Arbitrator Listing Form;

      (c) submission of a Curriculum Vitae;

      (d) commitment to promote cross cultural legal exchange, in particular in the area of dispute resolution.

    2. In accordance with § 8 (3) (i) of the Articles of Association of the Asian European Arbitration Centre GmbH, the decision on admission to the List of Arbitrators shall be taken by the Advisory Board which shall decide in regular intervals, at least bi-annually.

  • Article 2: Appointing Authority

    1. According to § 8 sentence 1 Articles of Association of the Asian European Arbitration Centre GmbH, the Appointing Authority shall consist of one or more Chambers. It is intended to establish the first three Chambers until June 2009.
    2. Each Chamber shall be responsible in all matters for which it has jurisdiction. The Advisory Board, acting upon proposal of the management (which is not binding), shall determine the competence of each Chamber. The competence shall be based initially on the Latin alphabet (e.g. all matters against a Respondent named first as Respondent in a document initiating the arbitration (Notice of Arbitration) whose name starts with the letter "A" shall be dealt with by Chamber I). The division of competence between the Chambers shall be based on a division of the number 26 by the number of Chambers. The division of competence of the Chambers as decided by the Advisory Board shall be published on the website of the Asian European Arbitration Centre.
    3. The members of the Chambers shall be proposed to the Advisory Board by the management. The Advisory Board shall appoint the members of each Chamber of the Appointing Authority for a period of two years. Consecutive appointments are permitted.
    4. Each Chamber of the Appointing Authority shall consist of three members and three alternate members. The members of the Chamber responsible for the letters following the letters for which the Chamber is competent shall act as alternate members to the Chamber responsible for the previous letters in the alphabet. In principle, each Chamber shall consist of one member from Asia, one from Europe and one from other parts of the world. In the case of one or more members being temporarily unable to perform their duties, the alternate member(s) shall in principle come from the same "area" (Asia, Europe, other parts of the world) as the member, subject to practical availability.
    5. The Appointing Authority shall have all powers and duties as set forth in the Arbitration Rules for the Asian European Arbitration Centre in Hamburg ("ASEAC Arbitration Rules" or "ASEAC Rules"), including in particular the power and obligation to nominate arbitrators and substitute arbitrators. The Appointing Authority shall nominate as arbitrators shall only persons who are listed in the List of Arbitrators. Any person who has acted as mediator or counsel in a previous conciliation or mediation proceeding regarding the same matter may not become an arbitrator in the arbitration proceeding following. The arbitrators shall be bound by the "IBA-Rules of Ethics for International Arbitrators" and the "IBA International Code of Ethics" issued by the International Bar Association (IBA).
    6. The competent Chamber of the Appointing Authority also revokes the mandate of arbitrators, to the extent that such revocation is provided for by the ASEAC Arbitration Rules.
    7. The competent Chamber of the Appointing Authority decides on additional costs to be granted to the arbitrators because of exceeding workload in the arbitral proceeding according to No. 4 Schedule of Costs in the event that the Advisory Board of the Asian European Arbitration Centre GmbH has dele-gated such power of decision to the Appointing Authority. This decision shall be made by the competent Chamber of the Appointing Authority with due regard to the circumstances of the arbitral proceedings.
    8. Further functions may be assigned to the Appointing Authority by virtue of the ASEAC Arbitration Rules.
    9. The Appointing Authority is not bound by proposals or directions. Its work is confidential. It decides by simple majority. The decisions are taken by any appropriate means. Minutes are to be taken on the decisions made.
    10. Members of a Chamber of the Appointing Authority who participate in any function in arbitral proceedings within the scope of the ASEAC Arbitration Rules cannot exercise their function as members of a Chamber regarding such arbitral proceeding. A member of a Chamber of the Appointing Authority may not be nominated as arbitrator by the Appointing Authority in any matter for which that particular Chamber is competent. If a member of an Appointing Authority has been appointed as arbitrator by a party in a matter for which the Chamber to which that arbitrator belongs is competent, it shall be subrogated for that matter by the competent alternate member to that Chamber. These rules apply mutatis mutandis for alternate members of a Chamber.
    11. In case of dispute, the Advisory Board shall decide (however without the participation of any person involved in the disputed proceeding).