HKIAC (2018)—responding to a HKIAC 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)—responding to a HKIAC arbitration
  • The Answer to the Notice of Arbitration in HKIAC arbitration
  • Content of the Answer to the Notice of Arbitration in HKIAC arbitration
  • Communicating the Answer to the HKIAC
  • Representation in the arbitration

HKIAC (2018)—responding to a HKIAC 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 responding to a Notice of Arbitration 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.

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

Under the 2018 HKIAC Rules, an arbitration is commenced, in general terms, when a claimant ‘communicates’ a Notice of Arbitration (Notice) to the HKIAC—see Practice Note: HKIAC (2018)—starting an arbitration. The claimant is also responsible for service of the Notice on all parties (HKIAC 2018, art 4.1).

Practice Note: HKIAC (2018)—starting an arbitration contains guidance on the meaning of ‘communicate’, receipt and deemed receipt and

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