Hong Kong—example arbitration clauses

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Hong Kong—example arbitration clauses
  • Abolishment of different regimes of domestic and international arbitrations
  • Administered and ad hoc arbitration
  • Example of administered arbitration clause (HKIAC Rules)
  • Example of ad hoc arbitration clause
  • Scope of the arbitration clause
  • Procedure of the arbitration
  • The seat of arbitration
  • Choice of law
  • Language of the proceedings
  • More...

Hong Kong—example arbitration clauses

This Practice Note provides examples of two arbitration clauses or agreements (one for ad hoc arbitration and one for arbitration administered by the Hong Kong International Arbitration Centre), and discusses key parts of the clauses including scope, procedure, seat of arbitration, choice of law, language, appointment of arbitrators (the tribunal) and other considerations, from the perspective of Hong Kong law and practice.

Note: The Hong Kong cases referred to below are not reported by LexisNexis® UK.

Abolishment of different regimes of domestic and international arbitrations

The Arbitration Ordinance (Cap 609) (AO) abolished the two separate regimes for the conduct of domestic and international arbitrations under the old Arbitration Ordinance (Cap 341). Distinct arbitration clauses for domestic and international arbitrations are no longer necessary.

Administered and ad hoc arbitration

There are a variety of institutional rules available for incorporation into arbitration agreements, such as the International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules), the HKIAC Administered Arbitration Rules (HKIAC Rules) and China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (CIETAC Rules).

Arbitration clauses which do not provide for an institution (such as the HKIAC or the ICC) to administer the arbitration are known as ad hoc arbitration clauses. Ad hoc arbitrations are solely arranged between the parties and the arbitrators. The parties may adopt a set of arbitration rules, such as the United Nations

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