ARCHIVED: This Precedent has been archived and is not maintained. 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. Registrar Hong Kong International Arbitration Centre 38/F, 2 Exchange Square 8 Connaught Place HKSAR China [Fax: +852 2524 2171] [Email: arbitration@hkiac.org] [date] Dear

This Practice Note provides guidance on constituting the arbitral tribunal pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). HKIAC also publishes a Practice Note on Appointment of Arbitrators (effective 1 November 2018), which sets out HKIAC’s general practice regarding the appointment arbitrators in (inter alia) arbitrations administered by HKIAC under its Administered Arbitration Rules (no designation is made as to which version). In the event of any discrepancy between the Practice Note and (a) the parties’ arbitration agreement or (b) the applicable arbitration rules or law, (a) or (b) shall prevail (Practice Note on Appointment of Arbitrators, para 1.4). 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

This Practice Note provides guidance on the overall procedure of 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 agree otherwise. For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution. For guidance on starting and responding to proceedings, see Practice Notes: HKIAC (2018)—starting an arbitration and HKIAC (2018)—responding to a HKIAC arbitration. The overall approach to procedure in a HKIAC arbitration Each arbitration is different and one of the most attractive features of this method of dispute resolution is that the procedure can be adapted to suit the needs of each case. That said, most arbitrations follow

This Practice Note provides guidance on costs 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. A dedicated ‘2018 Schedule of Fees’ applies to arbitrations administered in accordance with the 2018 HKIAC Rules. HKIAC also issued two Practice Notes on Costs of Arbitration, based on HKIAC 2018, Sch 2/hourly rates and Sch 3/sums in dispute (the Practice Notes on Costs), which are effective from 11 March 2019, and apply unless otherwise agreed by the parties. For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution. In any arbitration, parties and their advisers should be concerned at all times to monitor

This Practice Note provides guidance on the emergency arbitrator procedures detailed in Schedule 4 of 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. See below for additional guidance on potential restrictions to the application of the emergency arbitrator procedures. For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution. The emergency arbitrator procedures under the 2018 HKIAC Rules Under the 2018 HKIAC Rules, parties may apply for urgent interim or conservatory relief (emergency relief) prior to the constitution of the tribunal (HKIAC 2018, art 23.1 and Sch 4). Unless the parties agree otherwise, there are limited restrictions on when

This Practice Note provides guidance on matters relating to evidence pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). Practice Note: HKIAC (2018)—arbitration procedure is likely to also be of interest. 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. Evidence under the 2018 HKIAC Rules Under the 2018 HKIAC Rules, each party bears the burden of proving the facts relied upon to support of its case (HKIAC 2018, art 22.1). The tribunal has discretion to determine the admissibility, relevance, materiality and weight of any matter put forward by the parties (HKIAC 2018, art 22.2). In addition, the tribunal

This Practice Note provides guidance on multi-party and/or multi-contract arbitrations 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. Note that the consolidation and single arbitration/multiple contracts provisions discussed below do not apply where the relevant arbitration agreement was concluded before 1 November 2013, unless the parties agree otherwise (HKIAC 2018, art 1.5). For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution. Traditionally, arbitration is based upon a contract between two or more parties where only those parties can be subject to the arbitration. This has led to situations where a party faces multiple

This Practice Note provides guidance on responding to a Notice of 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. Under the 2018 HKIAC Rules, an arbitration is commenced, in general terms, when a claimant ‘communicates’ a Notice of Arbitration (Notice) to the HKIAC—see Practice Note: HKIAC (2018)—starting an arbitration. The claimant is also responsible for service of the Notice on all parties (HKIAC 2018, art 4.1). Practice Note: HKIAC (2018)—starting an arbitration contains guidance on the meaning of ‘communicate’, receipt and deemed receipt

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

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): • 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

This Practice Note provides guidance on the arbitral award in arbitration proceedings 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. Awards in HKIAC arbitrations As in most institutional arbitrations, in proceedings under the 2018 HKIAC Rules the tribunal may make interim, interlocutory or partial awards and, apart from making a final award, may issue interim awards on costs (HKIAC 2018, art 35.1). Where the arbitral tribunal is constituted of more than one arbitrator, any award or other decision shall be made by way of majority. If there is

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