HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features
Produced in partnership with Terence Wong of Winston & Strawn LLP
HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features

The following Arbitration guidance note Produced in partnership with Terence Wong of Winston & Strawn LLP provides comprehensive and up to date legal information covering:

  • HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features
  • The HKIAC Administered Arbitration Rules 2018—scope of application (HKIAC 2018, art 1)
  • HKIAC Rules 2018 arbitration—procedural steps
  • HKIAC Rules 2018—the arbitration agreement
  • 2018 HKIAC Rules—key features to note

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.

The HKIAC Administered Arbitration Rules 2018—scope of application (HKIAC 2018, art 1)

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):

  1. provides that the 2018 HKIAC Rules apply, or

  2. 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