Should a New Zealand Company Favour Arbitration under the SIAC or the HKIAC Rules?

Abstract

International Commercial Arbitration takes place constantly, throughout the globe and is fast replacing traditional modes of dispute resolution such as litigation as the preferred mode of dispute resolution by states and corporations. This Research Essay explores the rise of International Commercial Arbitration Centres in Asia mainly focussing on Singapore International Arbitration centre and Hong Kong International Arbitration Centre. It further illustrates with detailed explanation, as to why New Zealand firms should favour International Commercial Arbitration at either of above two centres in Pacific Asia region over and above many other Asian arbitration centres such as Australia, Malaysia, China, India etc. It includes a comparison between Singapore International Arbitration Centre and Hong Kong International Arbitration Centre. Furthermore, it attempts to highlight the past and the present developments of legislations and precedents through cases decided and passed by the respective countries. This essay shows how these developments would benefit a New Zealand Company who chooses an arbitration venue from one of these two centres.