This Practice Note provides guidance on constituting the arbitral tribunal pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 HKIAC Rules will apply (generally), unless the parties agreed otherwise. The latest Practice Note on Appointment of Arbitrators published by HKIAC (effective 28 September 2021), sets out HKIAC’s general practice regarding the appointment of 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

This Practice Note provides guidance on the overall procedure of an arbitration pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 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 starting and responding to proceedings, see Practice Notes: HKIAC (2024)—starting an arbitration and HKIAC (2024)—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

This Practice Note provides guidance on costs pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 HKIAC Rules will apply (generally), unless the parties agreed otherwise. A dedicated ‘2024 Schedule of Fees’ applies to arbitrations administered in accordance with the 2024 HKIAC Rules. The two Practice Notes issued by HKIAC 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, still apply mutatis mutandis under the 2024 HKIAC Rules 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

This Practice Note provides guidance on the emergency arbitrator procedures detailed in Schedule 4 to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 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 2024 HKIAC Rules, parties may apply for urgent interim or conservatory relief (emergency relief) prior to the constitution of the tribunal (HKIAC 2024, art 23.1 and Sch 4). Unless

This Practice Note provides guidance on matters relating to evidence pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). Practice Note: HKIAC (2024)—arbitration procedure is likely to also be of interest. As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 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 2024 HKIAC Rules Under the 2024 HKIAC Rules, each party bears the burden of proving the facts relied upon to support of its case (HKIAC 2024, art 22.1). The tribunal has discretion to determine the admissibility, relevance, materiality and weight of any matter put

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 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 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. 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 claims in either multiple arbitrations or arbitration and litigation. Some arbitral institutions have therefore introduced provisions to allow for concurrency, consolidation

This Practice Note provides guidance on responding to a Notice of Arbitration pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 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 2024 HKIAC Rules, an arbitration is commenced, in general terms, when a claimant ‘communicates’ a Notice of Arbitration (Notice) to the HKIAC and the other party (HKIAC 2024, art 4.1) (see Practice Note: HKIAC (2024)—starting an arbitration). Practice Note: HKIAC (2018)—starting an arbitration contains guidance on the meaning of ‘communicate’,

This Practice Note provides guidance on starting an arbitration pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 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 2024 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 2024 HKIAC Rules shall ‘communicate’ a written Notice of Arbitration (the Notice) to the HKIAC and the

This Practice Note provides an introduction to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in further detail below, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, 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 2024—scope of application (HKIAC 2024, art 1) Unless the parties agree otherwise, the 2024 HKIAC Rules apply to all arbitrations in which the Notice of Arbitration is submitted on or after 1 June 2024 where an arbitration agreement (entered into either before or after a dispute has arisen): • provides that the 2024 HKIAC Rules apply, or • provides for arbitration ‘administered by HKIAC’ or words to similar effect (HKIAC 2024, arts 1.4 and 1.1) The 2024 HKIAC Rules

This Practice Note provides guidance on the arbitral award in arbitration proceedings pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 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 2024 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 2024, art 35.1). Where the arbitral tribunal is constituted of more than one arbitrator, any award

This Practice Note provides guidance on the arbitral tribunal’s powers pursuant to the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As discussed in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules apply (generally) to HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations commenced before 1 June 2024, the 2018 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 (2024)—appointment and composition of the tribunal. Powers conferred by the 2024 HKIAC Rules Jurisdiction of the tribunal A tribunal formed under the 2024 HKIAC Rules has power to rule on its own jurisdiction, including objections regarding the existence, validity or scope of the arbitration agreement(s)

Before commencing the arbitration • Assess any applicable limitation periods and/or contractual time bars under the substantive law governing the dispute (Article 36.1). • evaluate the claims you wish to raise in HKIAC arbitration and ensure they are covered by the arbitration agreement referring the dispute to arbitration administered by HKIAC (Article 1.1) • consider whether you need emergency relief before the tribunal is constituted and/or interim measures from the tribunal once constituted, including measures to preserve assets or preserve evidence (Article 23; Schedule 4) • determine the number of arbitrators and note that, where no agreement is reached before arbitration or within 30 days from the date the Notice of Arbitration is received by the respondent, HKIAC will decide based on the case’s circumstances (Article 6.1) • select nominations for the appointment of the tribunal and note that a prospective arbitrator must sign a statement confirming availability and impartiality and independence and disclose relevant circumstances before confirmation or appointment, and that limited ex parte contact is permitted for discussing qualifications, availability, impartiality and independence (Articles 11.4–11.5) • gather all