HKIAC (2018)—tribunal's powers
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)—tribunal's powers
  • Powers conferred by the 2018 HKIAC Rules
  • Jurisdiction of the tribunal
  • Granting emergency relief (aka appointment of an emergency arbitrator or emergency arbitration)
  • Interim measures
  • Security for costs
  • Other powers
  • Tribunal’s powers under the Hong Kong Arbitration Ordinance (Cap 609)
  • General powers conferred by the AO

HKIAC (2018)—tribunal's powers

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 the arbitral tribunal’s powers 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. For guidance on the appointment of the tribunal, see Practice Note: HKIAC (2018)—appointment and composition of the tribunal.

Powers conferred by the 2018 HKIAC Rules

Jurisdiction of the tribunal

A tribunal formed under the 2018 HKIAC Rules has power to rule on its own jurisdiction, including objections regarding the existence, validity or scope of the arbitration agreement(s) (HKIAC 2018, art 19.1).

For the purpose of determining the existence or validity of

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