HKIAC (2018)—multiple parties and multiple contracts
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)—multiple parties and multiple contracts
  • Joinder of additional parties
  • Request by existing party
  • Request by third party wishing to be joined
  • Impact of joinder on the tribunal
  • Impact of the joinder more generally
  • Consolidation of arbitrations
  • The Request for Consolidation
  • Responses to the Request for Consolidation
  • Impact of consolidation on the tribunal and other matters
  • More...

HKIAC (2018)—multiple parties and multiple contracts

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 multi-party and/or multi-contract arbitrations 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. Note that the consolidation and single arbitration/multiple contracts provisions discussed below do not apply where the relevant arbitration agreement was concluded before 1 November 2013, unless the parties agree otherwise (HKIAC 2018, art 1.5).

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

Traditionally, arbitration is based upon a contract between two or more parties where only those parties can be subject to the arbitration. This has led to situations where a party faces

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