The following Arbitration guidance note Produced in partnership with Terence Wong of Winston & Strawn LLP provides comprehensive and up to date legal information covering:
This Practice Note provides an introduction to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018).
As discussed in further detail below, the 2018 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 November 2018, unless the parties agree otherwise.
For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution.
Unless the parties agree otherwise, the 2018 HKIAC Rules apply to all arbitrations in which the Notice of Arbitration is submitted on or after 1 November 2018 where an arbitration agreement (entered into either before or after a dispute has arisen):
provides that the 2018 HKIAC Rules apply, or
provides for arbitration ‘administered by HKIAC’ or words to similar effect (HKIAC 2018, arts 1.4 and 1.1)
The 2018 HKIAC Rules contemplate that parties may expressly agree that previous versions of the HKIAC Rules (eg 2008 or 2013) govern their arbitration (HKIAC 2018, art 1.3). As such, if parties expressly agreed in their arbitration agreement to the application of the 2013 HKIAC Rules and commence proceedings on or after 1 November 2018, the 2013 HKIAC Rules will govern the arbitration, unless the parties subsequently agree otherwise, which they may
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234