Arbitration under the HKIAC Administered Arbitration Rules
Parties to a contract who wish to have any future disputes referred to arbitration under the HKIAC Administered Arbitration Rules may insert in the contract an arbitration clause in the following form:
"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 non-contractual 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)." **
This provision should be included particularly where the law of the substantive contract and the law of the seat are different. The law of the arbitration clause potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and identities of the parties to the arbitration clause. It does not replace the law governing the substantive contract.
As a one-stop-shop, HKIAC also provid es mediation [Insert link to mediation page], adjudication [insert link to adjudication page] and domain name services [insert link to domain name services page] under one roof to OBOR parties who may prefer to use other methods to resolve their disputes.