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Arbitration RulesArbitration (Appointment of Arbitrators and Umpires) Rules
(Made by Hong Kong International Arbitration Centre under sections 24 and 30 of the Arbitration Ordinance (Cap. 609) with the approval of the Chief Justice) PART I
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| (1) | The Council shall establish an Appointment Advisory Board comprising one member nominated by each of the persons or organizations referred to in subrule (2), none of whom may be appointed as arbitrators by HKIAC during his term of office. | |
| (2) | The Council shall invite the following to nominate one person each to be a member of the Appointment Advisory Board - | |
| a. | the Chief Justice of Hong Kong; | |
| b. | the Chairman of the Hong Kong Bar Association; | |
| c. | the President of The Law Society of Hong Kong; | |
| d. | the Hong Kong General Chamber of Commerce; | |
| e. | the Chinese General Chamber of Commerce; | |
| f. | the President of The Hong Kong Institution of Engineers; | |
| g. | the President of The Hong Kong Institute of Surveyors; | |
| h. | the President of The Hong Kong Institute of Architects; | |
| i. | the Hong Kong Shipowners Association; | |
| j. | the Hong Kong Federation of Insurers. | |
4. Appointments to Appointment Advisory Board
| (1) | The Council shall appoint persons to the Appointment Advisory Board, for a term not exceeding 3 years. |
| (2) | The Council may re-appoint a person to the Appointment Advisory Board but not until 2 years have expired since that person was last a member of it. |
| (3) | Where there is a vacancy for any reason in the Appointment Advisory Board, HKIAC shall invite further nominations from the appropriate person or organization under rule 3(2). The Appointment Advisory Board may continue to function while there is a vacancy as long as there are at least 6 members on it. |
5. Appointment Advisory Board to be consulted
Before making a final decision on the appointment of an arbitrator or umpire or on the number of arbitrators that are appropriate for any particular dispute, HKIAC shall consult with at least 3 available members of the Appointment Advisory Board and shall consider their advice but is not bound by it.
PART III
PROCEDURE FOR APPOINTMENT OF AN ARBITRATOR OR UMPIRE
6. Procedure for Applying for appointment of arbitrator or umpire
| (1) | Any party seeking the appointment of an arbitrator or umpire under sections 24 and 30 of the Ordinance or under article 11 of the UNCITRAL Model Law shall serve on HKIAC a document in Form 1 in the Schedule. The document shall be signed by the party or by a person authorized to sign on his behalf certifying that the details contained therein are true and accurate. |
| (2) | The party seeking the appointment of the arbitrator or umpire shall serve a copy of the document on the other party at his last known address and shall lodge with HKIAC documentary verification of service and, for the purposes of this subrule, double registered post shall constitute good service. |
7. Nomination of suitable persons by HKIAC
| (1) | Subject to subrule (2), on receipt of an application to appoint an arbitrator or umpire pursuant to these rules, HKIAC shall appoint a suitable person, having regard to - | |
| a. | the nature of the dispute; | |
| b. | the availability of arbitrators or umpires, as the case may be; | |
| c. | the identity of the parties; | |
| d. | the independence and impartiality of the arbitrator or umpire; | |
| e. | any stipulation in the relevant arbitration agreement; | |
| f. | and any suggestions made by the parties themselves. | |
| (2) | Before appointment of an arbitrator or umpire, HKIAC shall allow the other party or parties to serve on HKIAC any information he or they consider relevant to the application, including reasons why no arbitrator or umpire should be appointed, and if such reasons are given and if HKIAC is satisfied that no arbitrator or umpire should be appointed it may decline to appoint one. Where no such information is served on HKIAC within 14 days of the party being served under rule 6(2), HKIAC may proceed to make an appointment. | |
| (3) | When HKIAC has made a decision, it shall notify the parties. | |
PART IV
NUMBER OF ARBITRATORS
8. Procedure for applying to HKIAC for decision as to number of arbitrators
| (1) | Any party to an arbitration agreement who is, under section 23 of the Arbitration Ordinance, seeking a decision as to the number of arbitrators who are to determine a dispute arising under such agreement shall on HKIAC a document in Form 2 in the Schedule. The document shall be signed by the party or a person authorized to sign on his behalf certifying that the details contained therein are true and accurate. |
| (2) | The party seeking such a decision as to the number of arbitrators shall serve a copy of the document on the other party at his last known address and shall lodge with HKIAC documentary verification of service and, for the purposes of this subrule, double registered post shall constitute good service. |
9. Factors to be considered by HKIAC in deciding
When deciding the number of arbitrators appropriate for any particular dispute, HKIAC shall take into account the following factors -
| (1) | the amount in dispute; |
| (2) | the complexity of the claim; |
| (3) | the nationalities of the parties; |
| (4) | any relevant customs of the trade, business or profession involved in the said dispute; |
| (5) | the availability of appropriate arbitrators; |
| (6) | the urgency of the case. |
10. Decision by HKIAC
| (1) | Before deciding on the number of arbitrators to be appointed, HKIAC shall allow the other party or parties to the arbitration agreement to serve on HKIAC brief written reasons in support of their contention as to the number of arbitrators appropriate for their dispute. Where no such reasons are served on HKIAC within 14 days of the party being served under rule 6(2), HKIAC may proceed with the decision. |
| (2) | HKIAC may request further information from the parties which they shall supply within 14 days of such request. Where a party fails or refuses to supply the information within the specified time, HKIAC may make a decision on the basis of the information it has. |
11. Additional forms
HKIAC may establish additional forms for use under these rules.
12. Fees
The fee for filing an application under rule 6 shall be HK$4,000.
The fee for filing an application under rule 8 shall be HK$4,000.
Form 1 can be obtained form HKIAC or click HERE
Form 2 can be obtained form HKIAC or click HERE
