08 Jun 2020
Choose a Top Arbitral Institution for Your Disputes
- Hong Kong is ranked among the top five seats of arbitration worldwide by Queen Mary University of London and White & Case’s 2018 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 2016, 2017 and 2018.
- 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, including nationals of Hong Kong, New Zealand, Morocco, mainland China, Singapore, Germany, Australia and Canada. Secretariat members are qualified in both civil and common law jurisdictions and speak 10 languages.
- 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 2013 Administered Arbitration Rules are the most modern and comprehensive set of rules on the market. The adoption of the Rules was nominated by GAR as one of the best developments of 2013.
- Key features include:
- Structure for Payment of Arbitrator's Fees: HKIAC is the first institution to expressly provide parties with a choice between paying arbitrators based on hourly rates (capped at HK$6,500/hour) or the amount in dispute. HKIAC has also introduced standard terms and conditions for all arbitrators appointed under the Rules.
- Complete Mechanisms for Complex Arbitrations: comprehensive provisions on joinder, consolidation and the ability to commence a single arbitration under multiple contracts allow HKIAC to deal effectively and cost efficiently with arbitrations involving multiple parties or multiple contracts.
- Availability of Emergency Arbitration: the Rules provide for emergency arbitrator procedures allowing parties to apply for enforceable urgent interim relief before the tribunal is constituted.
- Arbitrations under the Rules 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 under the Rules.
Light Touch Administration, Full Service
- HKIAC considers itself to be a "light touch" institution. It has powers under the Rules to facilitate the efficient and effective running of an arbitration where necessary; if not, HKIAC will not intercede.
- One consequence is that HKIAC does not scrutinise awards, it leaves it to the tribunal to render a valid award (which the tribunal is expressly obliged to do in accordance with the Rules). This helps to minimise the risk of interference with the tribunal's decisions and avoid possible 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 1999, only 3 HKIAC awards were not enforced in China.