Choose a Top Arbitral Institution for Your Disputes
- Hong Kong is the third most preferred seat in the world according to the 2021 Queen Mary University of London and White & Case International Arbitration Survey.
Reputed Independent Provider of Innovative Dispute Resolution Services
- Founded in 1985, HKIAC is an independent and not-for-profit organisation.
- “Regional arbitration pretty much began with the HKIAC. No regional institution has been running for so long. Or with such success.” GAR Guide to Regional Arbitration 2018.
- HKIAC is a one-stop shop which handles arbitration, mediation, adjudication and domain name cases.
- HKIAC plays a leading role in developing innovative arbitration practices. Its practices have received numerous GAR awards and nominations for best innovation.
Premier Location, Modern Facilities
- Ranked first for location, value for money, helpfulness of staff and IT services by GAR's Hearing Centres Surveys since 2013 to 2020.
- HKIAC's facilities are convenient, modern and comfortable. They are located in the heart of Hong Kong’s central business district and are priced very competitively.
- HKIAC offers free hearing and meeting rooms for parties in cases where HKIAC provides administrative support and where at least one party is a state listed on the OECD List of ODA assistance.
Experienced International Secretariat
- With offices in Hong Kong, Shanghai and Seoul, the Secretariat comprises individuals from diverse backgrounds and jurisdictions qualified in both civil and common law jurisdictions and who speak multiple languages, including English and Chinese.
- A Secretariat member can be appointed as tribunal secretary under HKIAC’s detailed guidelines on the use of tribunal secretaries.
Time and Cost Effectiveness Process under Market-Leading Arbitration Rules
- HKIAC’s 2018 Administered Arbitration Rules are among the most modern and comprehensive set of rules on the market. Key features include:
- Choice of Payment Method for Arbitrators’ Fees: parties may pay arbitrators based on hourly rates (capped at HK$6,500/hour) or the amount in dispute.
- Comprehensive Mechanisms for Complex Arbitrations: the Rules contain detailed and flexible provisions on joinder, consolidation, concurrent proceedings and commencing a single arbitration under multiple contracts.
- Expedited Procedure: a party may apply to HKIAC for the arbitration to be conducted on a fast-track basis, requiring the tribunal to render its arbitral award within six months of receiving the case file.
- Early Determination Procedure: parties may request the tribunal to determine a meritless point of law or fact in summary fashion.
- Emergency Arbitration: parties may seek urgent relief before an emergency arbitrator (whose fees are capped) prior to, concurrent with or after the submission of a Notice of Arbitration.
- Time of Delivering Awards: the tribunal is required to deliver an arbitral award within three months after the arbitral proceedings are declared closed.
- Third-Party Funding: the Rules contain express provisions addressing disclosure, confidentiality and costs of third-party funding.
- Use of ADR: parties may pursue alternative means to settle their dispute during the course of an arbitration.
- Online Delivery of Documents: parties may agree to deliver and store documents through a secured online repository.
HKIAC administered arbitrations have a median duration of 12.43 months (mean: 14.63 months) and median arbitration costs of US$40,671 (mean: US$106,503). These numbers are reduced by roughly half in expedited proceedings.
Light Touch Administration, Full Service
HKIAC adopts a “light touch” approach to case administration and charges a comparatively low administrative fee.
HKIAC does not have a formal procedure for scrutinising awards. This minimises the risk of interference with the tribunal’s decisions and avoids the delays and additional costs associated with the scrutiny process.
Expertise in Handling China-Related Disputes, Stellar Record of Enforcement in China
- HKIAC is excellently placed to deal with disputes arising from all international transactions. It also enjoys a particular advantage in relation to disputes involving Chinese parties. Hong Kong's proximity to the mainland ensures that HKIAC benefits from an excellent knowledge of China, including its commercial, regulatory & legal environments. Cases can be dealt with in Chinese, English or on a bilingual basis.
- Access to interim measures from the Mainland Chinese courts in HKIAC-administered arbitrations seated in Hong Kong.
- HKIAC has the largest caseload involving Chinese parties among all international arbitral institutions.
- HKIAC maintains a strong record of enforcement in China. Since 2000, only 3 HKIAC awards have been refused enforcement in Mainland China, none of which were attributable to HKIAC’s rules or administration.