How many arbitration institutions exist in Southeast Asia to administer cases under their own rules?
Spoiler alert: it's basically impossible to say. In Vietnam alone, there were 43 local institutions registered with the Ministry of Justice in January 2024, according to a Baker & McKenzie report. There are 9 other countries in the ASEAN region, each with its own institution(s), and if you add the numerous trade- and sector-specific institutions throughout the region, the overall numbers and uncertainties magnify impossibly, more so because it's hard to tell whether some institutions have any real presence beyond their own websites.
Let's try to list the known players (ie those with active profiles and their own rules, excluding sector specialists). Three in Singapore: SIAC, SCMA and SIArb. Two in Malaysia: AIAC and BICAM. BDAC in Brunei. BANI and (arguably) BIAMC and INIAC in Indonesia. In Vietnam, VIAC; NCAC in Cambodia; OEDR in Laos; and TAI and THAC in Thailand. PDRC and PICCR in the Philippines. The status of the Myanmar Arbitration Centre is unclear.
That's at least 16 known bodies in SE Asia, though I'll probably be scolded in the comments for errors and omissions. If we add the smaller players across the region (43 in Vietnam alone), and the plethora of sector-specific bodies, we will surely get close to 100 institutions. That's before we take account of international players who are active in SE Asia: ICC, ICDR, PCA, etc.
Is that a good thing? Does this avalanche of acronyms mean that parties can choose an institution which is uniquely suitable for each contract or dispute? Or does duplication lead to watering-down of experience and quality within each body? For me, the latter concern is stronger. I will argue that proliferation and diffusion on this scale are ultimately counter-productive for building institutional capability through regular experience.
I don't mean that there should be a single regional champion (sorry SIAC). It's right that each country should have its own centre(s). But so many ...?
Advocate High Court
1moWorth attending