Constitution

Constitution

The name of the organisation is the Asia PacificRegional Arbitration Group (“APRAG“).

At the initiative of the Australian Centre for International Commercial Arbitration, the inaugural foundation members of APRAG have come together in Sydney on 2 November 2004 to establish APRAG. The formation of APRAG is not inconsistent with the recognition that the members offer competing services. However it is predicated on the recognition that regional centers and organizations have a common interest in promoting arbitration and in enhancing knowledge and improving skills and expertise in the region.

The objects of APRAG are to:

  • promote arbitration in the region.
  • enhance knowledge and improve skills and expertise in arbitration in the region.
  • make submissions on reform of arbitration law and practice.

In order to discharge its objects APRAG may undertake any number of activities and functions. These might include but will not be limited to:

  • conferences
  • training programs for international arbitrators and practitioners
  • exchange of information
  • making submissions on behalf of the region to appropriate national and international bodies such as UNCITRAL
  • mutual recognition ofaccreditations, such as membership of arbitration panels
  • publications, such as anewsletter or regular communication between group members
  • mutual assistance in the promotion of each member and its activities, including links between members’s websites and
  • activities for students such as moot competitions.

Foundation Members

The following are the foundation members of APRAG:

  • Arbitrators and Mediators Institute of New Zealand
  • Arbitration Association of Brunei Darussalam
  • Australian Centre for International Commercial Arbitration
  • Australian Commercial Disputes Centre
  • Chartered Institute of Arbitrators(Australia)
  • Chartered Institute of Arbitrators(Malaysia)
  • China International Economic and Trade Arbitration Commission
  • Hong Kong International Arbitration Centre
  • Indonesian National Arbitration Board
  • Korean Commercial Arbitration Board
  • Kuala Lumpur Regional Centre for Arbitration
  • Malaysian Institute of Arbitrators
  • Mongolian Chamber of Commerce & Industry
  • Philippine Dispute Resolution Center, Inc
  • Singapore International Arbitration Centre
  • Tokyo Maritime Arbitration Commission
  • ¬†Vietnam International Arbitration Centre

Members

Anybody that is an arbitration organisation orcentre and any other body approved by the Committee may apply for membership.

A tertiary institution which demonstrates to the Committee’s satisfaction its interest in arbitration may apply for associate membership. An associate member does not have the right to vote at APRAG meetings.

The Committee may in its absolute discretion decide whether to admit or not admit an applicant for membership or associate membership.

Fellows

The Committee may, in its absolute discretion,appoint a person as a Fellow in recognition of his or her outstanding serviceto APRAG or to arbitration in general.

The Committee may in its discretion determine that fees shall be paid by members and associate members and if so, in what amounts for each class of member.

The Committee may terminate the membership of any member or associate member for good cause.

The members of APRAG shall at each general meeting-elect a President, up to 3 Past Presidents and up to 12 Vice-Presidents. These persons plus the Immediate Past President shall compose a committee (“Committee”) which will manage the affairs of APRAG. The Committee may appoint administrative officers as required.

Each Committee member shall be an officer or memberof an organisation that is a member of APRAG. If during his or her term a Committee member ceases to be an officer or member of his or her host organization that host organization may either (i) designate a new person to take up that position on the Committee or (ii) allow the departing person to serve there minder of his or her term on the Committee.

The President shall convene Committee meetings (in person or by telephone, video or other electronic means) as required. The President shall preside at Committee meetings, or in his or her absence the President shall nominate another person to preside. If at a committee meeting the Committee is equally divided the person presiding at the meeting shall have a casting as well as a deliberative vote.

A general meeting of APRAG shall be held every 2 years or at such other specified interval as the Committee decides. The Committee shall try to ensure that general meetings are held in the home city of an APRAG member and, preferably, when an arbitration conference is also taking place in or nearby that city.

The President shall preside at general meetings or in his or her absence a Vice-President who has been nominated by the President.

The President shall ensure that each member isgiven notice of the time and place for the general meeting.

Members may attend in person, through a proxy or by telephone or video-conference facility.

A two-thirds majority of the members at a general meeting may decide to amend this constitution.