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Chiann Bao Discusses Soft Law, India's Arbitration Hub Potential, and Singapore-Hong Kong Rivalry
International arbitration stands at a pivotal moment, with Asia emerging as the engine of global dispute resolution. In a wide-ranging interview during Singapore Convention Week, independent arbitrator Chiann Bao—a past Vice President of the and former Secretary-General of the —offered her insights on the region’s evolving landscape. Bao challenged the narrative of a zero-sum competition between Singapore and Hong Kong, highlighted the growing influence of , and assessed India’s credible march toward becoming a premier arbitration hub. She also touched on the rise of mediation, diversity on tribunals, and the perennial criticism of arbitration’s cost and delay.
The False Dichotomy of Singapore vs Hong Kong
One of the most persistent debates in Asian arbitration is which city will ultimately claim the mantle of the region’s leading seat. Bao, who has lived and worked deeply in both jurisdictions, dismissed the premise of a single winner. “Why does there have to be just one seat?” she asked rhetorically. Noting that Asia accounts for half the world’s population and 60% of its economy, she argued that the rivalry narrative overlooks the complementary strengths of each city.
Hong Kong, she explained, derives its natural gravitas from its proximity to China and its status as a top global financial hub. It resonates strongly with corporate and financial disputes, and is increasingly attracting interest from sectors like crypto, the Middle East, and Russia. Singapore, meanwhile, has built an “incredible platform for dispute resolution generally, backed by concerted government, a stable economy and strong infrastructure.” Bao sees both cities thriving and making each other better, particularly as intra-Asia commercial work grows alongside the rise of strong regional players from Japan, Korea, Taiwan, India, and China.
The Ascendancy of Soft Law in Arbitration
Bao placed considerable emphasis on the role of , such as the and the , which she described as providing a “common language” for practitioners worldwide. “It’s one of the few areas where, across the board, people know what the law looks and feels like even if it’s interpreted with regional variation,” she observed.
She specifically praised the Indian government’s adoption of the IBA Guidelines through legislation, calling it a “bold stance that I think deserved more celebration.” According to Bao, no other country has similarly legitimised a soft law instrument that is fundamental to arbitration’s credibility. With further amendments to those guidelines under discussion, she expressed curiosity about how the evolution of the IBA Guidelines themselves will interact with national legislation.
India’s Maturing Arbitration Ecosystem
When asked about India’s ambition to position itself as an international arbitration hub—bolstered by new institutions like the and the , as well as amendments to the —Bao was unequivocally optimistic. She recalled earlier challenges with from certain jurisdictions, including China, and described witnessing “real change” in India over the past two decades.
“The international arbitration community has benefited enormously from excellent Indian practitioners, whether based in India or practising at international firms and in courts abroad,” Bao said, noting that the Indian diaspora “stands out as one of the foremost sources of excellence in the field.” She added that India has now produced second and third generations of practitioners who have built entire careers in international arbitration, making the presence of Indian counsel and arbitrators a “normalised” part of the international landscape.
Bao’s own firm, , includes Indian lawyers among its global team, reflecting the seamless integration of Indian talent into the mainstream of cross-border dispute resolution.
Mediation and the Shadow of the Singapore Convention
Bao, who also practises as a mediator, observed that mediation remains an undervalued tool despite its transformative potential. “When it’s done well, it’s brilliant,” she said, but noted that mediation’s successes often go undocumented because they happen quietly. The , which provides a framework for the enforcement of , has been “a real success in drawing attention to this form of dispute resolution.”
As a mediator, Bao attunes herself to the real drivers of a dispute, helping parties see that a negotiated resolution may better serve their interests than the unpredictability and heat of . The contrast with her arbitrator role is sharp: an arbitrator must be far more careful with communication, while a mediator can think laterally toward creative solutions.
Diversity and Cost Concerns: Real Progress but Persistent Challenges
On the perennial issue of diversity on , Bao acknowledged that institutions have done a “phenomenal job” moving the dial on gender diversity. However, she noted that geographic diversity has not seen a comparable shift. “The conversation on diversity has had its ups and downs, but ultimately what clients want is someone who gives them a ,” she said. With more arbitrators from different backgrounds entering the pool, she believes there is genuinely more choice for parties.
Regarding the criticism that arbitration has become as slow and expensive as litigation, Bao accepted the critique “to the extent that arbitration can become as expensive as litigation.” She pointed out that institutional rules offer plenty of opportunities for both efficiency and delay, and that the key lies in educating clients about what is possible. , transparency on costs, and realistic proposals from counsel are essential to keep the process on track.
A Call to the Next Generation
When asked for advice for a young Indian lawyer aspiring to a career in international arbitration, Bao offered a simple but powerful mantra: “Be open, be curious, be excellent and work harder than the rest.” It is a fitting coda from a practitioner who has built a career off the beaten path—from leading an institution through rapid international growth to becoming an independent arbitrator handling cases worth billions of dollars, and most recently, taking on a judicial role at the .
Bao’s trajectory underscores the expanding horizons of dispute resolution in Asia. As she concluded, the future belongs to those willing to step off the beaten path and embrace opportunities that carry risk but real potential—and in doing so, help shape the very institutions that will define the next era of international arbitration.
