Winston & Strawn

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Daniel Meagher
Winston & Strawn
Monica Barton
Winston & Strawn
Peter Crowther
Winston & Strawn
Contributions by Winston & Strawn

14

HKIAC (2013)—appointment and composition of the tribunal [Archived]
HKIAC (2013)—appointment and composition of the tribunal [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note sets out how the arbitral tribunal will be formed under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013. It also covers how to challenge the appointment of an arbitrator under the 2013 HKIAC Rules and how a replacement can be appointed.

HKIAC (2013)—costs [Archived]
HKIAC (2013)—costs [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note considers the costs provisions under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013. This Practice Note covers the definition of costs of the arbitration under the rules, the tribunal’s powers to award costs, how the fees are calculated and how they are to be paid. It also gives information on the basis of costs decisions in HKIAC arbitrations.

HKIAC (2013)—emergency arbitration [Archived]
HKIAC (2013)—emergency arbitration [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note sets out the emergency arbitration procedure under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013. This Practice Note covers how to apply for emergency arbitration, how the tribunal will be appointed, whether the appointment can be challenged, what powers the tribunal has and the cost of the process.

HKIAC (2013)—evidence [Archived]
HKIAC (2013)—evidence [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note sets out the tribunal’s powers to manage evidence under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013 covering the main sources of witness, documentary and expert evidence.

HKIAC (2013)—multiple parties and multiple contracts [Archived]
HKIAC (2013)—multiple parties and multiple contracts [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note sets out how a multi-party or multi-contract arbitration will be conducted under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013, focusing particularly on consolidation and joinder.

HKIAC (2013)—procedure [Archived]
HKIAC (2013)—procedure [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note provides guidance on the procedure of an arbitration pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013. This Practice Note focuses on preliminary meetings, pleadings, evidence and hearings.

HKIAC (2013)—responding to a HKIAC arbitration [Archived]
HKIAC (2013)—responding to a HKIAC arbitration [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note sets out how the respondent should respond to a Notice of Arbitration served in arbitration under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013. It details the necessary items that must be contained within the Answer to the Notice of Arbitration and when the Answer must be filed. The Practice Note also explains how to issue a counterclaim.

HKIAC (2013)—starting an arbitration [Archived]
HKIAC (2013)—starting an arbitration [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note sets out how to start (commence or initiate) an arbitration under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013. The Practice Note details the information that needs to be included in the Notice of Arbitration, where to send it and how it should be served on the respondent.

HKIAC (2013)—the award [Archived]
HKIAC (2013)—the award [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note provides details of how an award is rendered under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013. Specifically, this Practice Note highlights that, in certain circumstances, an HKIAC award may be made publicly available. This Practice Note also sets out the grounds of challenge and appeal of an arbitral award under the Hong Kong Arbitration Ordinance.

HKIAC (2013)—the HKIAC Administered Arbitration Rules [Archived]
HKIAC (2013)—the HKIAC Administered Arbitration Rules [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note provides an overview of arbitration proceedings pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013 and identifies some of the key features of those institutional arbitration rules.

HKIAC (2013)—tribunal's powers [Archived]
HKIAC (2013)—tribunal's powers [Archived]
Practice notes

This Practice Note has been archived and is not maintained. This Practice Note sets out the powers of an arbitral tribunal appointed under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013 including their powers to rule on jurisdiction and to grant emergency measures. The Practice Note also covers the arbitrator’s powers under the Hong Kong Arbitration Ordinance.

UK criminal cartel offence–pre-April 2014 [Archived]
UK criminal cartel offence–pre-April 2014 [Archived]
Practice notes

Individuals may face criminal prosecution for cartel activity in the UK, the maximum penalty is 5 years imprisonment and/or an unlimited fine. This Practice Note provides an outline of the kind of activities that will be caught by the criminal cartel offence prior to 1 April 2014, looking in particular at the requirement of dishonesty. Also, covered is the interplay with civil investigations against companies and seeking immunity from criminal prosecutions. Note—the criminal cartel offence changed on 1 April 2014, including the removal of the requirement for dishonesty. Following the entry into force of the Enterprise and Regulatory Reform Act 2014 on 1 April 2014, this practice note has been archived and is not maintained.

Other Work
Arbitration under the HKIAC Rules (2013)—checklist [Archived]
Arbitration under the HKIAC Rules (2013)—checklist [Archived]

This Checklist has been archived and is not maintained. This checklist guides you through the procedure of an arbitration under the 2013 Administered Arbitration Rules of the Hong Kong International Arbitration Centre (HKIAC).

What do you think of the CIArb draft Dispute Board Rules?
What do you think of the CIArb draft Dispute Board Rules?

Arbitration analysis: Joe Tirado, Daniel Meagher and Arpan Gupta of Winston & Strawn’s London office follow their analysis on the use of dispute boards in international arbitration and discuss the recently issued draft CIArb Dispute Board Rules.

Contributions by Winston & Strawn Experts

4

Court of Arbitration for Sport (CAS) ad hoc Division
Court of Arbitration for Sport (CAS) ad hoc Division
Practice notes

This Practice Note discusses the ad hoc Division of the Court of Arbitration for Sport (CAS), which was created for the arbitration of disputes that arise during major sporting events, such as the Olympic Games, and must be finally settled within a 24-hour time limit. It covers its structure, the usage of the CAS ad hoc Rules, basic principles, jurisdiction, seat and language, and the arbitral procedure under the ad hoc Rules.

Court of Arbitration for Sport—introduction and CAS Rules 2020
Court of Arbitration for Sport—introduction and CAS Rules 2020
Practice notes

This Practice Note provides an overview of the Court of Arbitration for Sport (CAS), also referred to in French as the Tribunal Arbitral du Sport (TAS). It describes the CAS’s divisions, past challenges to its independence and impartiality, and sports arbitration procedures conducted under the CAS Arbitration Procedural Rules 2020 (contained in the CAS Code of Sports-related Arbitration or the Code), which apply to proceedings commenced as of 1 July 2020.

Sports arbitration—an introduction
Sports arbitration—an introduction
Practice notes

This Practice Note provides an introduction to how arbitration is conducted in the sports industry. It sets out the structural organisation of sports, introducing the key bodies and the types of disputes that may arise. The Practice Note covers the Court of Arbitration for Sport (CAS) (the Tribunal Arbitral du Sport) and describes illustrative examples of internal dispute resolution mechanisms at the national and international level in certain sports, including: the FIFA dispute resolution procedures; the NBA and FIBA dispute resolution procedures; and, the Fédération Internationale de l'Automobile (FIA) dispute resolution procedures. This topic may be referred to as: international sports disputes; international sports arbitration; and, sports cases.

The advantages and disadvantages of arbitration within the sporting context
The advantages and disadvantages of arbitration within the sporting context
Practice notes

This Practice Note examines arbitration in the context of internal sports proceedings of a sports federation or other regulating body and appeals to the Court of Arbitration for Sport (CAS), focusing on its advantages and disadvantages, including privacy and speed on the plus side and lack of transparency and concerns about due process on the negative side. It also considers when internal sports proceedings may stand as arbitrations and gives some practical pointers for determining whether internal proceedings are arbitral.

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