HKIAC (2018)—starting an 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)—starting an arbitration
  • How to commence an HKIAC arbitration
  • The Notice of Arbitration in HKIAC arbitration
  • What else do I need to submit?
  • Communication of the Notice
  • What happens if the notice is incomplete?

HKIAC (2018)—starting an 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 starting an 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.

How to commence an HKIAC arbitration

The procedure for commencing an arbitration under the 2018 HKIAC Rules is similar to that provided pursuant to other institutional arbitration rules.

A party who wishes to start an arbitration (ie the claimant(s)) pursuant to the 2018 HKIAC Rules shall ‘communicate’ a written Notice of Arbitration (the Notice) to the HKIAC and the respondent(s) (HKIAC 2018, art 4.1). The meaning of ‘communicate’ is described

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