In ad hoc proceedings, under the Hong Kong Arbitration Ordinance, HKIAC is authorized to carry out two important functions in relation to an arbitration:
- HKIAC may appoint arbitrators or umpires where the parties have failed to agree or have not designated an appointing authority or the designated appointing authority fails to carry out its function; or
- HKIAC may determine whether a tribunal of one or three arbitrators should consider a dispute.
When carrying out the above two functions, HKIAC will follow the Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrators) Rules.
These Rules were drafted by HKIAC in exercise of the power under section 13(3) of the HK Arbitration Ordinance, with the approval of the Chief Justice of Hong Kong, to facilitate HKIAC’s performance of the following functions under the Hong Kong Arbitration Ordinance:
- the default appointment by HKIAC of an arbitrator under section 24 (see Part 3 of the rules);
- the decision by HKIAC on the number of arbitrators under section 23(3) (see Part 4 of the rules); and
- the default appointment by HKIAC of a mediator under section 32(1) (see Part 5 of the rules).
View the Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrators) Rules in PDF format: English
The forms for parties to apply for the performance by HKIAC of the above functions can be found in Forms 1 to 3 of the Schedule to the Rules.
Download and complete the following forms in PDF format: