HKIAC (2018)—costs
Produced in partnership with Terence Wong of Winston & Strawn LLP

The following Arbitration practice note produced in partnership with Terence Wong of Winston & Strawn LLP provides comprehensive and up to date legal information covering:

  • HKIAC (2018)—costs
  • What constitutes costs under the HKIAC rules?
  • What are the tribunal’s powers in respect of ordering costs and what may I expect?
  • Who is responsible for paying the costs?
  • What costs award is a HKIAC tribunal likely to make?
  • What fees are paid to the tribunal?
  • Hourly rate—HKIAC 2018, Sch 2
  • Fees based on amount or sum in dispute—HKIAC 2018, Sch 3
  • When will HKIAC require payments?
  • The registration fee
  • More...

HKIAC (2018)—costs

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

This Practice Note provides guidance on costs pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018).

As discussed in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 November 2018, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 November 2018, the 2013 HKIAC Rules will apply (generally), unless the parties agreed otherwise. A dedicated ‘2018 Schedule of Fees’ applies to arbitrations administered in accordance with the 2018 HKIAC Rules. HKIAC also issued two Practice Notes on Costs of Arbitration, based on HKIAC 2018, Sch 2/hourly rates and Sch 3/sums in dispute (the Practice Notes on Costs), which are effective from 11 March 2019, and apply unless otherwise agreed by the parties.

For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution.

In any arbitration, parties and their advisers should be concerned at all times

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