The following Arbitration guidance note Produced in partnership with Winston & Strawn LLP—Hong Kong office provides comprehensive and up to date legal information covering:
This Practice Note provides guidance on costs in arbitrations pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2013 (the 2013 HKIAC Rules; HKIAC 2013).
As discussed in Practice Note: HKIAC (2013)—the HKIAC Administered Arbitration Rules, the 2013 HKIAC Rules apply/applied (generally) to HKIAC arbitrations commenced between 1 November 2013 and 31 October 2018, unless the parties agree/agreed otherwise. For HKIAC arbitrations commenced on or after 1 November 2018, the 2018 HKIAC Rules will apply (generally), unless the parties agree otherwise.
For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution. Practical guidance on the 2018 HKIAC Rules can be found here: HKIAC arbitration—overview.
In any arbitration, parties and their advisers should be concerned at all times to monitor the costs that they are incurring both on their own legal fees and on the fees of the institution administering the arbitration. Each institution’s fee structure is different and advisers should ensure that their clients are aware of the amount that the arbitration is likely to cost and when payment is likely to be due. In many cases, an up-front payment to the institution of some sort is required.
HKIAC 2013, art 33 sets out how costs will be determined by the tribunal (HKIAC
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