HKIAC (2018)—emergency arbitration
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)—emergency arbitration
  • The emergency arbitrator procedures under the 2018 HKIAC Rules
  • How may a party apply for emergency arbitration?
  • How quickly will an emergency arbitrator be appointed?
  • What happens post-appointment of the emergency arbitrator?
  • What is the seat of the emergency arbitration?
  • Can the appointment of an emergency arbitrator be challenged?
  • What is the application deposit?
  • What fees are paid to the emergency arbitrator?
  • What powers does an emergency arbitrator have?
  • More...

HKIAC (2018)—emergency arbitration

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 the emergency arbitrator procedures detailed in Schedule 4 of 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. See below for additional guidance on potential restrictions to the application of the emergency arbitrator procedures.

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

The emergency arbitrator procedures under the 2018 HKIAC Rules

Under the 2018 HKIAC Rules, parties may apply for urgent interim or conservatory relief (emergency relief) prior to the constitution of the tribunal (HKIAC 2018, art 23.1 and Sch 4).

Unless the parties agree otherwise, there are limited restrictions on when the

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