ASEAC as an Institution
ASEAC is an institution officially established by leading lawyers, law firms and scholars around the globe.
Further founding members were the Hamburg Bar Organisation (an official administration representing more than 10,000 lawyers) and the Hamburg Chamber of Commerce (representing about 150.000 companies in Hamburg and home of the Hamburg Beijing Conciliation Centre since almost 30 years).
ASEAC arbitration proceedings are governed by the ASEAC Rules. The ASEAC Rules contain provisions on the initiation of the arbitration proceedings as well as provisions for inter alia the constitution of the arbitral tribunal (Art. 2-14), the arbitration proceedings themselves (Art. 15-30, 33-34) and for the termination of proceedings (Art. 31 et seqq.).
ASEAC arbitration proceedings commence by filing a Notice of Arbitration with ASEAC. The Notice of Arbitration must include inter alia the request to refer the dispute to arbitration, a brief description of the claim and of the relief or remedy sought. A more detailed list of requirements is set out in Art. 3 ASEAC Rules and is available in our checklist for the Notice of Arbitration.
ASEAC services contain...
- administration of the initiation of arbitration proceedings including the constitution of the arbitral tribunal; in particular, the ASEAC Appointing Authority can be requested to nominate an arbitrator. This may be (i) a sole arbitrator, if parties cannot agree on a candidate, (ii) the second arbitrator in case of default by the respondent (Art. 7 Para 2 ASEAC Rules) or (iii) a chairman if the first and the second arbitrator cannot agree on a chairman (Art. 9 Para 2 ASEAC Rules).
- decisions on challenges of an arbitrator (Art. 13 Para 4 ASEAC Rules);
- monitoring of the timelines for the pending arbitration proceedings and
- all decisions on costs (Art. 41 et seqq. ASEAC Rules).
ASEAC's services do not include...
- a review of the procedural and substantive decisions of an arbitral tribunal duly constituted according to ASEAC Rules.