Chiann Bao

Arbitration Chambers

Hong Kong www. arbchambers.com

chiann.bao@arbchambers.com Tel: +65 8354 7488

Biography

Chiann Bao is a chartered arbitrator and a member of Arbitration Chambers. She has acted on matters in most of the major arbitral seats and has served as arbitrator in cases with a total value of several billion US$ in dispute, under ad hoc and institutional rules involving corporates, states and state-owned enterprises. Prior to becoming an independent arbitrator, Chiann worked in private practice where she focused on complex international arbitration and litigation. Chiann serves as a vice chair of the IBA’s International Arbitration Committee.

Name one of your most memorable cases.

Each case represents a building block of experience, the culmination of which forms trends and impressions I draw and learn from for the next matter. However, if I am to recall the most distinctively memorable case to date, it would be a New York-based dispute involving the re-development of Ground Zero. Having the opportunity to do a site visit on the grounds where 9/11 happened and then participating in a threeweek hearing at a venue that overlook the development of the site certainly gave me a deep impression.

Are you noticing an uptick in certain sectors experiencing commercial disputes? Why?

Based on my own caseload and hearing about what others have on their docket, there is a noteworthy increase in disputes involving technology, life sciences and crypto-assets. It seems that these sectors have been significantly impacted by the pandemic and disputes have increased as a result.

To what extent does the shift towards virtual arbitration influence counsel when it comes to selecting the geography of their arbitrator’s seat?

The normalisation of virtual arbitration appears delocalise counsel’s options: some counsel will therefore think beyond their regions when it comes to selecting arbitrators. In my personal experience, this is certainly the case, and the traditional mental barriers for appointing arbitrators further afield from counsel’s home jurisdiction and/or the seat of arbitration seem to have been removed or at least minimised with the popularity of virtual arbitration. A common complaint about international commercial arbitration is that the process is no longer efficient. What can arbitrators do to ensure that the arbitration proceeds smoothly and without unnecessary delay?

There are two main culprits for the delay. First, it is both the parties’ and the arbitrators’ schedules. Addressing this requires arbitration practitioners, including arbitrators, to make responsible decisions when accepting new matters. Second, it is the propensity that some arbitrators have to readily grant extensions. While invariably there may be a need to grant extensions, arbitrators should consider the real necessity of extensions and, where possible, offer creative solutions to reduce the consequential slippage of deadlines.

How would you summarise the philosophy behind your role as arbitrator?

It is hard to define my “style” per se as I would say that each arbitration will have a different prognosis. However, the tone I try to set for my arbitrations is one which strikes a balance between flexibility and firmness and in all cases requires civility. Given my multi-jurisdictional and multicultural background, I am also conscious of differences in culture and experience and account for this in my approach to each matter.

To what extent is arbitral discretion limited by due process?

Arbitrators are bestowed with broad powers that enable them to run a case largely as they see fit. Due process limits such powers very little. Rather than perceive due process as a limiting force, instead due process should be seen as a principle that works alongside the arbitrator’s discretion to maximise an efficient running of the proceedings and enable the arbitrator to build in fairness and predictability in the process.

What steps can be made to increase diversity in the arbitration field?

Many steps have been taken to increase diversity and so much of the effort has moved the dial towards better gender balance within our field. However, geographical and other diversities remain a work in progress and indeed, there is much work to do in this space. The first step, of course, is to recognise that there is a problem and that it should be addressed. Second step is then to start offering opportunities so that the underrepresented feature in the arbitration community and are given a seat at the table. The third, and perhaps most difficult step, is to ensure that the door remains open and that integration and engagement is sustained. All too often, diversity is addressed cosmetically and not holistically. Only when those who have opportunities to offer really believe that diversity is essential for continued progress in our field will we start seeing more genuine engagement and integration.

What is the best piece of advice you’ve ever received?

I have two: (1) “Keep your eye on the prize.” Obstacles and challenges are inevitable and might seem insurmountable. However, if you focus on your goals, you have the opportunity to reframe these challenges and find a way through them that will result in helping you achieve your goals. (2) Find a few champions in and out of the field who will believe in you and support you.

Peers and clients say: “A brilliant lawyer and arbitrator” “Chiann is highly impressive and knowledgeable of international arbitration” “She is not only brilliant practitioner but she invests significant time in promoting women in legal profession for the betterment of the industry”