2013 Administered Arbitration Rules

Effective from 1 November 2013

HomeArbitrationRules & Practice Notes2013 Administered Arbitration Rules

In 2013, HKIAC introduced a new, world-class, set of Administered Arbitration Rules. Bourne out of five years’ experience of the use of the original 2008 Administered Arbitration Rules, several rounds of public consultation, review by the HKIAC Rules Revision Committee and extensive consultation with practitioners, arbitrators and other stakeholders, the New Rules draw on users’ feedback to further strengthen HKIAC’s service to parties and professionals and ensure the HKIAC Rules continue to reflect the very best of modern practice in international commercial arbitration.

The 2013 Rules continue the tradition of the 2008 Rules, adopting and developing best practice within a "soft administration" framework inspired by the 2006 Swiss Rules of International Arbitration, providing a balance between the more hands off approach of the UNCITRAL Arbitration Rules and the practice of very structured administered arbitration, often associated with other institutions. This "light touch" approach respects the importance of party autonomy, which has always been a fundamental feature of arbitration in Hong Kong, while also allowing parties to focus on the essential issues of their dispute rather than the technicality of the procedures.

The 2013 HKIAC Administered Arbitration Rules are set out in full below.

English is the original drafting language of these Rules.

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Introduction
Application
Effectiveness
Suggested Clauses

Table of Contents

SECTION I. GENERAL RULES

Article 1 – Scope of Application
Article 2 – Notices and Calculation of Periods of Time
Article 3 – Interpretation of Rules

SECTION II. COMMENCEMENT OF THE ARBITRATION

Article 4 – Notice of Arbitration
Article 5 – Answer to the Notice of Arbitration

SECTION III. THE ARBITRAL TRIBUNAL

Article 6 – Number of Arbitrators
Article 7 – Appointment of a Sole Arbitrator
Article 8 – Appointment of Three Arbitrators
Article 9 – Confirmation of the Arbitral Tribunal
Article 10 – Fees and Expenses of the Arbitral Tribunal
Article 11 – Qualifications and Challenge of Arbitral Tribunal
Article 12 – Replacement of an Arbitrator 

SECTION IV. AWARDS, DECISIONS AND ORDERS OF THE ARBITRAL TRIBUNAL

Article 13 – General Provisions
Article 14 – Seat and Venue of the Arbitration
Article 15 – Language
Article 16 – Statement of Claim
Article 17 – Statement of Defence
Article 18 – Amendments to the Claim or Defence
Article 19 – Jurisdiction of the Arbitral Tribunal
Article 20 – Further Written Statements
Article 21 – Periods of Time
Article 22 – Evidence and Hearings
Article 23 – Interim Measures of Protection and Emergency Relief
Article 24 – Security for Costs
Article 25 – Tribunal-Appointed Experts
Article 26 – Default
Article 27 – Joinder of Additional Parties
Article 28 – Consolidation of Arbitrations
Article 29 – Single Arbitration under Multiple Contracts
Article 30 – Closure of Proceedings
Article 31 – Waiver

SECTION V. AWARDS, DECISIONS AND ORDERS OF THE ARBITRAL TRIBUNAL

Article 32 – Decisions
Article 33 – Costs of the Arbitration
Article 34 – Form and Effect of the Award
Article 35 – Applicable Law, Amiable Compositeur
Article 36 – Settlement or Other Grounds for Termination
Article 37 – Correction of the Award
Article 38 – Interpretation of the Award
Article 39 – Additional Award
Article 40 – Deposits for Costs

SECTION VI. OTHER PROVISIONS

Article 41 – Expedited Procedure
Article 42 – Confidentiality
Article 43 – Exclusion of Liability

SCHEDULE 1: REGISTRATION AND ADMINISTRATIVE FEES

1.    Registration Fee
2.    HKIAC's Administrative Fees

SCHEDULE 2: ARBITRAL TRIBUNAL'S FEES, EXPENSES, TERMS AND CONDITIONS

1.    Scope of Application and Interpretation
2.    Payments to Arbitral Tribunal
3.    Arbitral Tribunal's Expenses
4.    Administrative Expenses
5.    Fees and Expenses Payable to Replaced Arbitrators
6.    Fees and Expenses of Secretary to Arbitral Tribunal
7.    Lien on Award
8.    Governing law
9.    Arbitral Tribunal's Fee Rates
10.    Cancellation Fees

SCHEDULE 3: ARBITRAL TRIBUNAL'S FEES, EXPENSES, TERMS AND CONDITIONS

1.    Scope of Application and Interpretation
2.    Payments to Arbitral Tribunal
3.    Arbitral Tribunal's Expenses
4.    Administrative Expenses
5.    Fees and Expenses Payable to Replaced Arbitrators
6.    Determination of Arbitral Tribunal's Fees
7.    Lien on Award
8.    Governing law

SCHEDULE 4: EMERGENCY ARBITRATOR PROCEDURES

 

Introduction

These Rules have been adopted by the Council of the Hong Kong International Arbitration Centre (HKIAC) for use by parties who seek the formality and convenience of an administered arbitration.

Application

These Rules may be adopted in an arbitration agreement or by an agreement in writing at any time before or after a dispute has arisen. These Rules may be adopted for use in both domestic and international arbitral proceedings. Provisions regarding the scope of application of these Rules are set out in Article 1.

Effectiveness

These Rules have been adopted to take effect from 1 November 2013, in accordance with the provisions of Article 1 of the Rules.

Suggested Clauses

1. The following model clause may be adopted by the parties to a contract who wish to refer any future disputes to arbitration in accordance with these Rules:

“Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding noncontractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

* The law of this arbitration clause shall be ... (Hong Kong law).

The seat of arbitration shall be ... (Hong Kong).

** The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in ... (insert language).”

*  The law of the arbitration clause generally governs the existence, scope, validity, interpretation, performance, breach, termination and enforceability of the arbitration clause. It does not replace the law governing the substantive contract.

** Optional

 

2. Parties to an existing dispute in which neither an arbitration clause nor a previous agreement with respect to arbitration exists, who wish to refer such dispute to arbitration under the HKIAC Administered Arbitration Rules, may agree to do so in the following terms:

“We, the undersigned, agree to refer to arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to:

(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise.)

* The law of this arbitration agreement shall be … (Hong Kong law).

The seat of arbitration shall be ... (Hong Kong).

** The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in ... (insert language).

Signed: __________ (Claimant)
Signed: __________ (Respondent)
Date:     __________"

*  The law of the arbitration agreement generally governs the existence, scope, validity, interpretation, performance, breach, termination and enforceability of the arbitration agreement. It does not replace the law governing the substantive contract.

** Optional

 

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