Guidelines

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HKIAC Guidelines on the Use of a Secretary to the Arbitral Tribunal

Members of the HKIAC Secretariat are available to act as tribunal secretary in arbitrations administered by HKIAC and ad hoc arbitrations.

The appointment of an HKIAC Secretariat member as tribunal secretary in an arbitration administered by HKIAC shall be governed by these Guidelines, unless the parties agree otherwise.

View the HKIAC Guidelines on the Use of a Secretary to the Arbitral Tribunal in PDF format: English

 

Guide to Arbitration under the Domestic Arbitration Rules 2014

The objective of the HKIAC Domestic Arbitration Rules is to provide a framework suitable for the widest possible range of domestic disputes. The Rules allow the procedure to be as short and as inexpensive as practicable.

This supplemental guide to the Domestic Arbitration Rules is to assist parties and arbitrators achieve the maximum benefit from the Rules. The Guide also encourages timely consideration of ways in which procedures may be tailored to suit any particular dispute.

The Guide does not form part of the Domestic Arbitration Rules and is not intended to modify the Rules in any way.

View the Guide to Arbitration under the Domestic Arbitration Rules (2014) in PDF format: English

 

Maritime Arbitration Guide

A short guide to maritime arbitration drafted by HKIAC. This guide provides a general overview of how arbitrators are commonly selected and how the procedure of maritime arbitration works. It also includes a suggested model clause.

View the Maritime Arbitration Guide in PDF format: English

 

IBA Guidelines on Conflicts of Interest in International Arbitration (2004)

Approved by the Council of the IBA on 22 May 2004, the IBA Guidelines on Conflicts of Interest seek to define a framework to assure the impartiality of arbitration in the international arena.

The Guidelines contain a series of seven general standards of independence and disclosure to govern the selection, appointment, and continuing role of an arbitrator.

They serve as a resource to parties, institutions and arbitrators to help identify situations where conflicts of interest of an arbitrator may arise and disclosure of his or her circumstances should be made.

View the IBA Guidelines on Conflicts of Interest in International Arbitration in PDF format:  English

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IBA Guidelines for Drafting International Arbitration Clauses (2010)

The IBA Guidelines for Drafting International Arbitration Clauses were approved by the IBA Council in October 2010.

The IBA Guidelines for Drafting International Arbitration Clauses are designed to help achieve effective arbitration clauses which unambiguously embody the parties’ willingness to have their dispute(s) resolved by arbitration, as well as aspects of the process which they wish to adopt.

They provide both a framework and detailed provisions for drafters of international arbitration clauses, and are designed to ensure that parties know what the essential elements of an effective clause are and what features of the process are open to them to determine in advance.

View the IBA Guidelines for Drafting International Arbitration Clauses in PDF format: English

 

IBA Rules on the Taking of Evidence in International Arbitration (2010)

On 29 May 2010, the IBA adopted new Rules on the Taking of Evidence in International Arbitration, superseding those of 1999.

The Rules are a resource to parties and to arbitrators to provide an efficient, economical and fair process for the taking of evidence in international arbitration.

The Rules provide mechanisms for the presentation of documents, witnesses of fact and expert witnesses, inspections, as well as the conduct of evidentiary hearings. They are designed to be used in conjunction with, and adopted together with, institutional, ad hoc or other rules or procedures governing international arbitrations.

The IBA Rules of Evidence reflect procedures in use in many different legal systems, and they may be particularly useful when parties come from different legal cultures.

View the IBA Rules on the Taking of Evidence in International Arbitration in PDF format: English

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IBA Guidelines on Party Representation in International Arbitration (2013)

The IBA Arbitration Committee and its Task Force on Counsel Conduct have produced guidelines for party representation and counsel conduct in international arbitration.

The IBA Guidelines on Party Representation in International Arbitration are inspired by the principle that party representatives should act with integrity and honesty and should not engage in activities designed to produce unnecessary delay or expense, including tactics aimed at obstructing the arbitration proceedings.

View the IBA Guidelines on Party Representation in International Arbitration in PDF format: English

 

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