Constitution

Constitution

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

At the initiative of the Australian Centre forInternational Commercial Arbitration, the inaugural foundation members of APRAG have come together in Sydneyon 2 November 2004 to establish APRAG. The formation of APRAG is notinconsistent with the recognition that the members offer competing services. However it is predicated on the recognition that regional centres andorganisations 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 mayundertake any number of activities and functions. These might include but willnot be limited to:

  • conferences
  • training programs forinternational arbitrators and practitioners
  • exchange of information
  • making submissions onbehalf of the region to appropriate national and international bodies such asUNCITRAL
  • mutual recognition ofaccreditations, such as membership of arbitration panels
  • publications, such as anewsletter or regular communication between group members
  • mutual assistance in thepromotion of each member and its activities, including links between members’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 thatfees shall be paid by members and associate members and, if so, in what amountsfor each class of member.

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

The members of APRAG shall at each general meetingelect a President, up to 3 Past Presidents and up to 12 Vice-Presidents. Thesepersons plus the Immediate Past President shall compose a committee (“Committee”) which will manage the affairs of APRAG. The Committeemay 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 organisation,that host organisation may either (i) designate a new person to take up thatposition on the Committee or (ii) allow the departing person to serve theremainder of his or her term on the Committee.

The President shall convene Committee meetings (inperson or by telephone, video or other electronic means) as required. ThePresident shall preside at Committee meetings, or in his or her absence the President shall nominate another person to preside. If at a committee meetingthe Committee is equally divided the person presiding at the meeting shall havea 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. TheCommittee shall try to ensure that general meetings are held in the home cityof an APRAG member and, preferably, when an arbitration conference is alsotaking place in or nearby that city.

The President shall preside at general meetings, orin 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 bytelephone or video-conference facility.

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