Arbitration Ordinance

Arbitration in Hong Kong is governed by the Arbitration Ordinance (Cap. 609 of the Laws of Hong Kong) effective from 1 June 2011. The previous statutes (Arbitration Ordinance Cap. 341) is based on a split regime - an international regime, which is based on the UNCITRAL Model Law, and a domestic regime. The new Arbitration Ordinance unifies the two regimes. It is more user-friendly as it effectively extends the application of the UNCITRAL Model Law to all arbitrations in Hong Kong.

In ad hoc proceedings, under the 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.
• 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 Umpires) Rules.