2018 Administered Arbitration Rules

Effective from 1 Novermber 2018

HomeArbitrationRules & Practice Notes2018 Administered Arbitration Rules

The 2018 HKIAC Administered Arbitration Rules are set out in full below.

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Introduction

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

Application

These Rules may be adopted in a written agreement at any time before or after a dispute has arisen, and may be adopted for use in both domestic and international arbitrations commenced under a contract or treaty. 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 2018.
 

Table of Contents

SECTION I. GENERAL RULES

Article 1 – Scope of Application
Article 2 – Interpretation of Rules
Article 3 – Written Communications and Calculation of Time Limits

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 the Arbitral Tribunal
Article 12 – Replacement of an Arbitrator

SECTION IV. CONDUCT OF ARBITRATION

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 – Time Limits 
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 – Concurrent Proceedings 
Article 31 – Closure of Proceedings
Article 32 – Waiver

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

Article 33 – Decisions
Article 34 – Costs of the Arbitration
Article 35 – Form and Effect of the Award
Article 36 – Applicable Law, Amiable Compositeur
Article 37 – Settlement or Other Grounds for Termination
Article 38 – Correction of the Award
Article 39 – Interpretation of the Award
Article 40 – Additional Award
Article 41 – Deposits for Costs

SECTION VI. OTHER PROVISIONS

Article 42 – Expedited Procedure
Article 43 – Early Determination Procedure
Article 44 – Disclosure of Third Party Funding of Arbitration
Article 45 - Confidentiality
Article 46 – 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 - Based on Hourly Rates

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 Tribunal Secretary
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 - Based on Sum in Dispute

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

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