Public Consultation on Proposed Amendments to the 2018 HKIAC Administered Arbitration Rules

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Public Consultation on Proposed Amendments to the 2018 HKIAC Administered Arbitration Rules

The HKIAC Rules Revision Committee is considering amendments to the current version of HKIAC’s Administered Arbitration Rules, which came into force on 1 November 2018.

The 2018 Rules introduced amendments relevant to the use of technology, third party funding, multi-party and multi-contract arbitrations, the early determination of disputes, alternative means of dispute resolution, emergency arbitrator proceedings, and time limits for the delivery of awards.

The 2018 Rules have been well-received by users and are widely recognised as one of the market-leading sets of arbitral rules.

The number of arbitrations brought under the HKIAC Administrated Arbitration Rules has grown significantly since 2018, and the 2018 Rules have been working well in practice. As a result, the Committee does not contemplate a wholesale revision. However, drawing upon HKIAC’s experience in implementing the 2018 Rules for almost six years, and in light of arbitration developments in Hong Kong and globally, the Committee nevertheless considers that certain amendments might usefully be made.

In addition to clerical points, the proposed amendments to the 2018 Rules include a provision to encourage diversity in arbitral appointments, enhancements to the mechanism by which a single arbitration can proceed under multiple contracts, clarifications of the arbitral tribunal’s powers to address preliminary issues, provisions addressing information security, and clarifications of an emergency arbitrator’s powers. The amendments also address the needs of HKIAC’s users by enhancing HKIAC’s role with respect to matters affecting the integrity of the arbitral process, including the appointment of arbitrators, revocation of an arbitrator’s mandate, and the determination of an arbitral tribunal’s fees.

Please click here for a clean copy of the rules that incorporates all proposed amendments, or click here for a track-changes copy of the rules indicating amendments to the 2018 Rules.

Users are invited to submit comments on the proposed amendments to rules@hkiac.org by Friday, 23 February 2024.

HKIAC Rules Revision Committee Members:

Briana Young (Chair)

John Choong

Mariel Dimsey

Nils Eliasson

Sarah Grimmer

Karl Hennessee

Dong Long

Eric Ng

David W. Rivkin

Zhao Fang

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Media Contacts

Hong Kong International Arbitration Centre

Marnie Shaw

Tel: +852 2525 2381

Email: mshaw@hkiac.org

Louise Wong

Tel: +852 2525 2381

Email: lwong@hkiac.org