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2021 Statistics

HKIAC is pleased to release the following case statistics for 2021: 

  • Total new cases: A total of 514 cases were submitted to HKIAC in 2021. Of those cases, 277 were arbitrations, 12 were mediations and 225 were domain name disputes.

  • Overall arbitration cases: Of the 277 arbitrations submitted to HKIAC in 2021, 183 were administered by HKIAC under rules including the HKIAC Administered Arbitration Rules, the UNCITRAL Arbitration Rules and the HKIAC Securities Arbitration Rules.

  • International arbitrations: 81.6% of all arbitrations submitted to HKIAC in 2021 were international in nature, i.e. at least one party was not from Hong Kong (93.4% of the administered arbitrations commenced in 2021 were international cases). 38.3% of all arbitrations submitted to HKIAC in 2021 involved no Hong Kong parties and 7.6% involved no Asian parties.

  • Amount in dispute: The total amount in dispute in all arbitration cases was HK$54.6 billion (approximately US$7 billion). The total amount in dispute in all administered cases was HK$39.3 billion (approximately US$5 billion). The average amount in dispute in administered arbitrations was HK$193.8 million (approximately US$24.8 million).

  • Geographical origin or nationality of parties: Parties from 41 jurisdictions participated in the arbitrations submitted to HKIAC in 2021. The top ten geographical origins or nationalities of these parties were:

1.  Hong Kong
2.  Mainland China
3.  British Virgin Islands
4.  Cayman Islands
5.  United States
6.  Singapore
7.  South Korea
8.  United Kingdom
9.  Japan, Seychelles

  • Types of disputes:  In 2021, HKIAC registered cases concerning the following types of disputes or arising from the following sectors:
    • International trade/sale of goods (24.2%)
    • Corporate (19.5%)
    • Maritime (17%)
    • Banking and financial services (16.2%)
    • Construction (9.4%)
    • Professional Services (5.8%)
    • Intellectual Property (4%)
    • Energy (1.4%)
    • Insurance (1.1%)
    • Employment (1.1%)
    • Property and maintenance (0.3%)

 

  • Seat of arbitration: 98.4% of all arbitrations commenced in 2021 were seated in Hong Kong. In the remaining arbitrations, the seat was Moscow, Singapore, England & Wales or not specified.

  • Governing law: 13 different governing laws were applicable to the disputes submitted to HKIAC in 2021, with Hong Kong law as the most commonly selected governing law, followed by English law then Chinese law. A breakdown of all governing laws is provided below:

    • Hong Kong law
    • English law
    • Chinese law
    • New York law
    • Cayman Islands law
    • California law
    • CISG
    • Singapore law
    • Swiss law
    • Ohio law
    • Korean law
    • Bangladesh law
    • Delaware law
  • Language of arbitration: 78.7% of the administered arbitrations commenced in 2021 were conducted in English. 15.8% were in Chinese and 5.5% were in both English and Chinese.

  • Arbitrator appointments and confirmations: In 2021, HKIAC made a total of 142 arbitrator appointments. Those appointments are broken down below by number of appointments and percentage:

Role of Arbitrator

  • Sole Arbitrator – 66.9% (95)
  • Co-Arbitrator - 16.9% (24)
  • Presiding Arbitrator – 13.4% (19)
  • Emergency Arbitrator – 2.8% (4)

Applicable Rules

  • HKIAC Administered Arbitration Rules – 69% (98)
  • UNCITRAL Arbitration Rules (administered by HKIAC) – 4.2% (6)
  • HKIAC Securities Arbitration Rules – 1.4% (2)
  • Ad Hoc – 25.4% (36)
  • In 2021, HKIAC confirmed a total of 164 designations of arbitrators under the HKIAC Administered Arbitration Rules. Of the 164 designations, 118 were made by parties and 46 were made by co-arbitrators.

    The geographical origins or nationalities of all arbitrators appointed by HKIAC in 2021 by number of cases and percentage are listed below:

  • Hong Kong – 27.5% (39)
  • United Kingdom – 19.7% (28)
  • Dual Nationals – 13.4% (19)
  • Australia – 10.6% (15)
  • Mainland China – 5.6% (8)
  • Singapore – 5.6% (8)
  • United States – 3.5% (5)
  • Canada – 2.8% (4)
  • Austria – 2.1% (3)
  • France – 2.1% (3)
  • Malaysia – 2.1% (3)
  • New Zealand – 2.1% (3)
  • South Korea – 2.1% (3)
  • Finland – 0.8% (1)

The geographical origins or nationalities of all arbitrators designated by parties or co-arbitrators and confirmed by HKIAC in 2021 by number of cases and percentage are listed below:

  • United Kingdom – 25.6% (42)
  • Hong Kong – 23.2% (38)
  • Dual Nationals – 15.2% (25)
  • United States – 12.2% (20)
  • Mainland China – 5.5% (9)
  • Austria – 4.3% (7)
  • Singapore – 3% (5)
  • Australia - 2.4% (4)
  • France – 2.4% (4)
  • Canada – 1.9% (3)
  • Germany – 1.3% (2)
  • Brazil – 0.6% (1)
  • Italy – 0.6% (1)
  • Malaysia – 0.6% (1)
  • New Zealand – 0.6% (1)
  • Switzerland – 0.6% (1)

Of the 142 appointments made by HKIAC in 2021, 31 (21.8%) were of female arbitrators and 44 (30.9%) were of arbitrators not previously appointed by HKIAC over the last three years.

Of the 118 designations made by parties and confirmed by HKIAC in 2021, 15 (12.7%) were of female arbitrators and 40 (33.9%) were of arbitrators not previously designated by parties and confirmed by HKIAC over the last three years.

Of the 46 designations made by co-arbitrators and confirmed by HKIAC in 2021, 9 (19.6%) were of female arbitrators and 23 (50%) were of arbitrators not previously designated by co-arbitrators and confirmed by HKIAC over the last three years.


Further statistics about arbitrator appointments and confirmations in 2021 are available here.

  • Challenges to arbitrators: Four challenges to arbitrators were submitted to HKIAC in 2021. Of those challenges, two were dismissed by HKIAC, one was withdrawn and one is pending. Of the two challenges that were determined by HKIAC, one was based on the allegedly inconsistent procedural rulings by the challenged arbitrator, and the other was based on the challenged arbitrator’s past position in another arbitrator’s law firm. The former challenge was dismissed on the merits and the latter challenge was dismissed due to non-payment of the challenge registration fee.
  • Multi-party or multi-contract arbitration: The 277 arbitrations submitted to HKIAC in 2021 involved a total of 801 parties and 475 contracts. Of the 277 arbitrations, 131 involved multiple parties or contracts. In 32 of those cases, a single arbitration was commenced under multiple contracts. HKIAC received six requests for consolidation. Five were granted and one was rejected. Six requests for the joinder of additional parties were submitted to HKIAC or arbitral tribunals. Four requests were granted and two were rejected.
  • Applications under the Hong Kong-Mainland China arrangement on interim measures (“Arrangement”): In 2021, HKIAC processed 25 applications made to 15 different Mainland Chinese courts under the Arrangement seeking to preserve evidence, assets or conduct worth a total of RMB 3.5 billion (approximately US$544.4 million) in Mainland China. In respect of those applications, the Mainland Chinese courts issued orders to preserve RMB 1.5 billion (approximately US$233.6 million) worth of assets in 2021. Approximately 15% of the applications were made by parties from Mainland China and 85% by parties from Hong Kong, Cayman Islands, Ireland, Switzerland, Seychelles, United Arab Emirates and the British Virgin Islands. Approximately 69% of the applications concerned assets owned by Mainland Chinese parties and 31% concerned assets or evidence owned by non-Mainland parties (i.e. from Hong Kong, Cayman Islands, Singapore and the British Virgin Islands). For further information, including an overview of outcomes across all applications, see here.
  • Emergency arbitrator applications: Four emergency arbitrator applications were submitted to HKIAC in 2021. The total number of emergency arbitrator applications filed with HKIAC up to 2021 is 31.
  • Expedited procedure: 23 applications for the expedited procedure were submitted to HKIAC in 2021. 20 were granted and three were rejected.
  • Early determination procedure: Two applications for the early determination procedure were submitted to arbitral tribunals in 2021. In each case, the tribunal decided not to proceed with the application. The total number of early determination applications filed with HKIAC up to 2021 is five.

  • Third party funding: Parties made disclosures of third party funding in five arbitrations under the 2018 HKIAC Administered Arbitration Rules and one arbitration under the 2013 HKIAC Administered Arbitration Rules.
  • Tribunal secretary service: In 2021, HKIAC legal staff received 20 appointments as tribunal secretaries. 18 of those appointments were made in arbitrations administered by HKIAC under the HKIAC Administered Arbitration Rules and two appointments were made in arbitrations administered by HKIAC under the UNCITRAL Arbitration Rules.
  • Hearings: In 2021, HKIAC hosted a total of 138 hearings. Of those hearings, 101 were fully or partially virtual hearings, and 37 were in-person hearings that took place at HKIAC’s premises in Hong Kong.

  • Concluded arbitrations: In 2021, 65 arbitrations administered by HKIAC were concluded by Final Award and 51 arbitrations were concluded by party settlement.

 

DOMAIN NAME DISPUTE RESOLUTION

  • Overall number of domain name disputes: Of the 225 domain name disputes submitted, 172 were filed under the Uniform Domain Name Dispute Resolution Policy (for certain generic Top Level Domains (gTLDs), all new gTLDs, and certain country-code Top Level Domains (ccTLDs)) (UDRP); 42 under the China Domain Name Dispute Resolution Policy (for .cn and .中国 domain names) (CNDRP); 7 under the Hong Kong Domain Dispute Resolution Policy (.hk and .香港 domain names) (HKDRP); and 4 under the Uniform Rapid Suspension System (for all new gTLDs) (URS). 
  • Geographical origin or nationality of the parties: Parties from 33 jurisdictions were involved in the domain name disputes submitted to HKIAC in 2021. The top ten geographical origins or nationalities of these parties were:

1. Mainland China
2. United States of America
3. Hong Kong
4. Belize
5. Cayman Islands
6. United Kingdom
7. Taiwan/Singapore
8. Switzerland
9. Philippines/Japan
10. Netherlands/Russia/Spain/Sweden

  • Language of the dispute: 52% of the domain name disputes commenced in 2021 were conducted in Chinese. 48% were conducted in English.
  • Number of appointments: In 2021, HKIAC made a total of 208 appointments. Those appointments are broken down per policy below by percentage and number of appointments:

UDRP – 78% (162)

CNDRP – 19% (39)

HKDRP – 3% (7)

  • Geographical origin or nationality of the panelists: The geographical origins or nationalities of all panelists appointed by HKIAC in 2021 by percentage and number of cases are listed below:

Hong Kong – 25.2% (55)
Australia – 22% (48)
Mainland China – 12.8% (28)
Singapore – 7.3% (16)
Taiwan – 6.9% (15)
United States of America – 6.4% (14)
Canada – 5.5% (12)
Dual nationals – 4.6% (10)
United Kingdom – 4.6% (10)
France – 2.8% (6)
New Zealand – 0.9% (2)
Ireland – 0.5% (1)
South Korea – 0.5% (1)

  • Constitution of panels: In 2021, 208 administrative panels were constituted. Out of the 208, 203 panels (98%) comprised sole panelists and 5 panels (2%) comprised three-member panels.

 

2020 Statistics

HKIAC is pleased to release the following case statistics for 2020: 

  • Total new cases: A total of 483 cases were submitted to HKIAC in 2020. Of those cases, 318 were arbitrations, 16 were mediations and 149 were domain name disputes.

  • Overall arbitration cases: Of the 318 arbitrations submitted to HKIAC in 2020, 203 were administered by HKIAC under rules including the HKIAC Administered Arbitration Rules, the UNCITRAL Arbitration Rules and the HKIAC Electronic Transaction Arbitration Rules.

  • International arbitrations: 72.3% of all arbitrations submitted to HKIAC in 2020 were international in nature, i.e. at least one party was not from Hong Kong (85.7% of the administered arbitrations commenced in 2020 were international cases). 31.8% of all arbitrations submitted to HKIAC in 2020 involved no Hong Kong parties and 6.6% involved no Asian parties.

  • Amount in dispute: The total amount in dispute in all arbitration cases was HK$68.8 billion (approximately US$8.8 billion). The total amount in dispute in all administered cases was HK$51.3 billion (approximately US$6.6 billion). The average amount in dispute in administered arbitrations was HK$252.9 million (approximately US$32.4 million).

  • Geographical origin or nationality of parties: Parties from 45 jurisdictions participated in the arbitrations submitted to HKIAC in 2020. The top ten geographical origins or nationalities of these parties were:

1.  Hong Kong
2.  Mainland China
3.  British Virgin Islands
4.  United States
5.  Cayman Islands
6.  Singapore
7.  South Korea
8.  Malaysia
9.  United Kingdom
10. United Arab Emirates

  • Types of disputes:  In 2020, HKIAC registered cases concerning the following types of disputes or arising from the following sectors:  
    • International trade/sale of goods (27%)
    • Maritime (18.6%)
    • Corporate (18.3%)
    • Banking and financial services (13.5%)
    • Construction (10.7%)
    • Professional Services (7.2%)
    • Insurance (2.2%)
    • Intellectual Property (2.2%)
    • Employment (0.3%)
  • Seat of arbitration: 99.4% of all arbitrations commenced in 2020 were seated in Hong Kong. The remaining arbitrations were seated in Shanghai and London.

  • Governing law: 12 different governing laws were applicable to the disputes submitted to HKIAC in 2020, with Hong Kong law as the most commonly selected governing law, followed by English law and Chinese law. A breakdown of all governing laws is provided below:

    1. Hong Kong law
    2. English law
    3. Chinese law
    4. California law
    5. New York law
    6. Cayman Islands law
    7. Delaware law
    8. German law
    9. Italian law
    10. Singapore law
    11. Taiwan law
    12. UNIDROIT PICC
  • Language of arbitration:  80.8% of the administered arbitrations commenced in 2020 were conducted in English. 15.8% were in Chinese and 3.4% were in both English and Chinese.

  • Arbitrator appointments and confirmations: In 2020, HKIAC made a total of 149 arbitrator appointments. Those appointments are broken down below by number of appointments and percentage:

Role of Arbitrator

  • Sole Arbitrator - 52.3% (78)
  • Co-Arbitrator - 24.2% (36)
  • Presiding Arbitrator - 14.1% (21)
  • Emergency Arbitrator - 9.4% (14)

Applicable Rules

  • HKIAC Administered Arbitration Rules – 69.1% (103)
  • UNCITRAL Arbitration Rules (administered by HKIAC) – 4% (6)
  • HKIAC Electronic Transaction Arbitration Rules – 2% (3)
  • HKIAC Securities Arbitration Rules – 0.7% (1)
  • Ad Hoc – 24.2% (36)
  • In 2020, HKIAC confirmed a total of 135 designations of arbitrators under the HKIAC Administered Arbitration Rules. Of the 135 designations, 99 were made by parties and 36 were made by co-arbitrators.

    The geographical origins or nationalities of all arbitrators appointed by HKIAC in 2020 by number of cases and percentage are listed below:

  • Hong Kong – 22.8% (34)
  • United Kingdom – 18.8% (28)
  • Dual Nationals – 16.8% (25)
  • Australia – 10.1% (15)
  • Singapore – 5.4% (8)
  • Malaysia - 5.4% (8)
  • Mainland China - 4% (6)
  • Canada - 4% (6)
  • United States – 2.7% (4)
  • France – 2.7% (4) 
  • New Zealand - 1.9% (3)
  • Austria – 1.3% (2)
  • Germany – 1.3% (2)
  • Sweden – 0.7% (1)
  • Portugal – 0.7% (1)
  • South Korea – 0.7% (1)
  • Taiwan – 0.7% (1)

The geographical origins or nationalities of all arbitrators designated by parties or co-arbitrators and confirmed by HKIAC in 2020 by number of cases and percentage are listed below:

  • United Kingdom – 21.5% (29)
  • Hong Kong – 16.3% (22)
  • Dual Nationals - 13.3% (18)
  • Mainland China – 11.9% (16)
  • United States – 9.6% (13)
  • Austria – 7.4% (10)
  • Australia - 4.4% (6)
  • France – 3% (4)
  • Singapore – 3% (4)
  • Canada – 2.3% (3)
  • Switzerland – 1.5% (2)
  • Germany – 1.5% (2)
  • New Zealand – 1.5% (2)
  • Brunei – 0.7% (1)
  • Mongolia – 0.7% (1)
  • Malaysia – 0.7% (1)
  • Sweden – 0.7% (1)

Of the 149 appointments made by HKIAC in 2020, 34 (22.8%) were of female arbitrators and 74 (49.7%) were of arbitrators not previously appointed by HKIAC over the last three years.

Of the 99 designations made by parties and confirmed by HKIAC in 2020, 11 (11.1%) were of female arbitrators and 44 (44.4%) were of arbitrators not previously designated by parties and confirmed by HKIAC over the last three years.

Of the 36 designations made by co-arbitrators and confirmed by HKIAC in 2020, 12 (33.3%) were of female arbitrators and 17 (47.2%) were of arbitrators not previously designated by co-arbitrators and confirmed by HKIAC over the last three years.


Further statistics about arbitrator appointments and confirmations in 2020 are available here.
 

  • Challenges to arbitrators: One challenge to arbitrator was submitted to HKIAC in 2020. The challenge was made based on the number of cases concerning a specialized industry in which the challenged arbitrator acted for a party and received instructions from the counsel representing that party. The challenge was upheld.
  • Multi-party or multi-contract arbitration: The 318 arbitrations submitted to HKIAC in 2020 involved a total of 891 parties and 434 contracts. Of the 318 arbitrations, 112 involved multiple parties or contracts. In 25 of those cases, a single arbitration was commenced under multiple contracts. HKIAC received eight requests for consolidation. Seven were granted and one was rejected. Four requests for the joinder of additional parties were submitted to HKIAC or arbitral tribunals. All four requests were granted.
  • Applications under the Hong Kong-Mainland China arrangement on interim measures (“Arrangement”): In 2020, HKIAC processed 22 applications made to 14 different Mainland Chinese courts under the Arrangement seeking to preserve evidence, assets or conduct worth a total of RMB 6.4 billion (approximately US$988 million) in Mainland China. In respect of those applications, the Mainland Chinese courts issued orders to preserve RMB 4.4 billion (approximately US$683.3 million) worth of assets in 2020. Approximately 18% of the applications were made by parties from Mainland China and 82% by parties from Hong Kong, Japan, Taiwan, Cayman Islands, Singapore, Samoa and the British Virgin Islands. Approximately 55% of the applications concerned assets owned by Mainland Chinese parties, 27% concerned assets or evidence owned by non-Mainland parties (i.e. from Hong Kong, France, St. Kitts and Nevis, the Netherlands and the British Virgin Islands) and 18% concerned assets owned by both Mainland parties and non-Mainland parties (i.e. from the British Virgin Islands, the Cayman Islands, Hong Kong and St. Kitts and Nevis).
  • Emergency arbitrator applications: 14 emergency arbitrator applications (including 11 applications made in related arbitrations) were submitted to HKIAC in 2020. The total number of emergency arbitrator applications filed with HKIAC to date is 27.
  • Expedited procedure: 28 applications for the expedited procedure were submitted to HKIAC in 2020. 24 were granted and four were rejected.
  • Early determination procedure: Three applications for the early determination procedure were submitted to arbitral tribunals in 2020. The arbitral tribunal proceeded with one of the applications based on the parties’ agreement but issued an award dismissing the claim subsequently. In respect of the other two applications, tribunal decided not to proceed with one of the applications and the other application did not proceed because the tribunal terminated the arbitration at the claimant’s request.

     

  • Third party funding: Parties made disclosures of third party funding in three arbitrations under the 2018 HKIAC Administered Arbitration Rules.
  • Tribunal secretary service: In 2020, HKIAC legal counsel received 18 appointments as tribunal secretaries. 14 of those appointments were made in arbitrations administered by HKIAC under the HKIAC Administered Arbitration Rules, three appointments were made in arbitrations administered by HKIAC under the UNCITRAL Arbitration Rules, and one appointment was made in an ad hoc arbitration.
  • Hearings: In 2020, HKIAC hosted a total of 117 hearings. Of those hearings, 80 were fully or partially virtual hearings (four of which were supported by HKIAC’s Shanghai office) and 37 were in-person hearings that took place at HKIAC’s premises in Hong Kong. 

     

  • Concluded arbitrations: In 2020, 52 arbitrations administered by HKIAC were concluded by Final Award. Four arbitrations administered by HKIAC were concluded by party settlement which resulted in the issuance of a Consent Award.
 

DOMAIN NAME DISPUTE RESOLUTION

  • Overall number of domain name disputes: Of the 149 domain name disputes submitted, 101 were filed under the Uniform Domain Name Dispute Resolution Policy (for all generic Top Level Domains (gTLDs) (UDRP)), 39 under the China Domain Name Dispute Resolution Policy (for .cn and .中国 domain names) (CNDRP), and 9 under the Hong Kong Domain Dispute Resolution Policy (.hk and .香港 domain names) (HKDRP). 
  • Geographical origin or nationality of the parties: Parties from 34 jurisdictions were involved in the domain name disputes submitted to HKIAC in 2020. The top ten geographical origins or nationalities of these parties were:

1. Mainland China
2. Hong Kong
3. United States
4. Sweden
5. Cayman Islands
6. Taiwan
7. Singapore
8. Japan
9. United Kingdom
10. Belize/ Switzerland

  • Language of the dispute: 50% of the domain name disputes commenced in 2020 were conducted in Chinese. 50% were conducted in English.
  • Number of appointments: In 2020, HKIAC made a total of 150 appointments. Those appointments are broken down per policy below by percentage and number of appointments:

UDRP – 70% (104)

CNDRP – 25% (38)

HKDRP – 5% (8)

  • Geographical origin or nationality of the panelists: The geographical origins or nationalities of all panelists appointed by HKIAC in 2020 by percentage and number of cases are listed below:

Hong Kong – 30% (45)
Australia – 15% (23)
Mainland China – 13% (20)
Singapore – 9% (14)
Dual nationals – 8% (12)
France – 5% (7)
Canada – 4% (6)
Taiwan – 4% (6)
United States – 4% (6)
New Zealand – 3% (4)
Korea – 1% (2)
Russia – 1% (2)
United Kingdom – 1% (2)
Ireland – 1% (1)

  • Constitution of panels: In 2020, 150 administrative panels were constituted. Out of the 150, 100% (150) panels comprised sole panelists.

2019 Statistics

HKIAC is pleased to release the following case statistics for 2019: 

  • Total new cases: A total of 503 cases were submitted to HKIAC in 2019. Of those cases, 308 were arbitrations, 12 were mediations, 182 were domain name disputes and one was adjudication.

  • Overall arbitration cases: Of the 308 arbitrations submitted to HKIAC in 2019, 173 were administered by HKIAC under rules including the HKIAC Administered Arbitration Rules, the UNCITRAL Arbitration Rules and the HKIAC Electronic Transaction Arbitration Rules.

  • International arbitrations: 80.9% of all arbitrations submitted to HKIAC in 2019 were international in nature, i.e. at least one party was not from Hong Kong (92.5% of the administered arbitrations commenced in 2019 were international cases). 35% of all arbitrations submitted to HKIAC in 2019 involved no Hong Kong parties and 3.6% involved no Asian parties.

  • Amount in dispute: The total amount in dispute in all arbitration cases was HK$36.4 billion (approximately US$4.7 billion). The total amount in dispute in all administered cases was HK$26.7 billion (approximately US$3.4 billion). The average amount in dispute in administered arbitrations was HK$154.4 million (approximately US$19.9 million).

  • Geographical origin or nationality of parties: Parties from 56 jurisdictions participated in the arbitrations submitted to HKIAC in 2019. The top ten geographical origins or nationalities of these parties were:

1.  Hong Kong
2.  Mainland China
3.  British Virgin Islands
4.  United States
5.  Cayman Islands
6.  Singapore
7.  South Korea
8.  United Kingdom
9.  Switzerland
10. Macau 

  • Types of disputes:  In 2019, HKIAC registered cases concerning the following types of disputes or arising from the following sectors: 
    • International trade / sale of goods (34.3%)
    • Corporate (17%)
    • Construction (14.8%)
    • Maritime (14.4%)
    • Banking and financial services (10.5%)
    • Professional Services (2.9%)
    • Insurance (2.5%)
    • Intellectual Property (2.5%)
    • Employment (0.4%)
    • Energy (0.4%)
  • Seat of arbitration: All arbitrations submitted to HKIAC in 2019 were seated in Hong Kong.

  • Governing law: 11 different governing laws were applicable to the disputes submitted to HKIAC in 2019, with Hong Kong law as the most commonly selected governing law, followed by English law and Chinese law. A breakdown of all governing laws is provided below:

    • Hong Kong law
    • English law
    • Chinese law
    • New York law
    • Mongolian law
    • Korean law
    • Philippine law
    • Swiss law
    • Macau law
    • Russian law
    • Laotian law
    • CISG
  • Language of arbitration:  80.3% of the administered arbitrations commenced in 2019 were conducted in English. 14.5% were in Chinese and 5.2% were in both English and Chinese.

  • Arbitrator appointments and confirmations: In 2019, HKIAC made a total of 122 arbitrator appointments. Those appointments are broken down below by number of appointments and percentage:

Role of Arbitrator

  • Sole Arbitrator - 69.7% (85)
  • Co-Arbitrator - 20.5% (25)
  • Presiding Arbitrator - 9.8% (12)

Applicable Rules

  • HKIAC Administered Arbitration Rules - 54.9% (67)
  • UNCITRAL Arbitration Rules (administered by HKIAC) - 15.6% (19)
  • Ad Hoc - 29.5% (36)
  • In 2019, HKIAC confirmed a total of 137 designations of arbitrators under the HKIAC Administered Arbitration Rules. Of the 137 designations, 96 were made by parties and 41 were made by co-arbitrators. 

    The geographical origins or nationalities of all arbitrators appointed by HKIAC in 2019 by number of cases and percentage are listed below:

  • United Kingdom - 29.5% (36)
  • Hong Kong - 27.9% (34)
  • Australia - 8.2% (10)
  • Mainland China - 7.4% (9)
  • Dual Nationals - 7.4% (9)
  • Singapore - 6.6% (8)
  • Canada - 4.1% (5)
  • Malaysia - 3.3% (4)
  • New Zealand - 1.6% (2)
  • United States - 1.6% (2)
  • France - 1 (0.8%) 
  • Ireland - 1 (0.8%)
  • Sweden - 1 (0.8%)

The geographical origins or nationalities of all arbitrators designated by parties or co-arbitrators and confirmed by HKIAC in 2019 by number of cases and percentage are listed below:

  • United Kingdom - 24.1% (33)
  • Hong Kong - 23.4% (32)
  • Dual Nationals - 13.1% (18)
  • Mainland China - 8.8% (12)
  • United States - 7.3% (10)
  • Australia - 4.4% (6)
  • Canada - 4.4% (6)
  • Singapore - 4.4% (6)
  • South Korea - 2.9% (4)
  • Austria - 2.2% (3)
  • France - 2.2% (3)
  • Malaysia - 1.4% (2)
  • New Zealand - 0.7% (1)
  • Switzerland - 0.7% (1) 

Of the 122 appointments made by HKIAC in 2019, 25 (20.5%) were of female arbitrators and 49 (40.2%) were of arbitrators not previously appointed by HKIAC over the last three years.

Of the 96 designations made by parties and confirmed by HKIAC in 2019, 15 (15.6%) were of female arbitrators and 40 (41.7%) were of arbitrators not previously designated by parties and confirmed by HKIAC over the last three years.

Of the 41 designations made by co-arbitrators and confirmed by HKIAC in 2019, 9 (21.9%) were of female arbitrators and 23 (56.1%) were of arbitrators not previously designated by co-arbitrators and confirmed by HKIAC over the last three years.

Further statistics about arbitrator appointments and confirmations in 2019 are available here.
 

  • Challenges to arbitrators: Three challenges to arbitrators were submitted to HKIAC in 2019. All challenges were rejected.  One challenge was made on the basis of the challenged arbitrator’s alleged failure to disclose his alleged professional connections with a party’s counsel as well as his and the counsel’s active participation in arbitration events and business. The other two challenges were identical and made based on circumstances including the challenged arbitrator’s participation in certain seminars, his professional relationship with a party’s two barristers, and the manner in which he provided information in relation to those circumstances.    
  • Multi-party or multi-contract arbitration: The 308 arbitrations submitted to HKIAC in 2019 involved a total of 718 parties and over 450 contracts. Of the 308 arbitrations, 93 involved multiple parties or contracts. In 14 of those cases, a single arbitration was commenced under multiple contracts. HKIAC received four requests for consolidation. Three were granted and one was rejected. HKIAC received four requests for the joinder of additional parties, all of which were granted.
  • Applications under the Hong Kong-Mainland China arrangement on interim measures (“Arrangement”): In 2019, HKIAC processed 13 applications made to ten different Mainland Chinese courts under the Arrangement seeking to preserve evidence or assets worth a total of RMB 5.5 billion (approximately US$798 million) in Mainland China. In 2019, the Mainland Chinese courts issued orders in respect of RMB 1.7 billion (approximately US$244 million) worth of assets. Approximately 40% of the applications were made by parties from Mainland China and 60% by parties from Hong Kong, Switzerland, Singapore, Samoa and the British Virgin Islands. Approximately 60% of the applications concerned assets or evidence possessed by parties from Mainland China and 40% concerned assets owned by parties from Hong Kong, the Netherlands, the British Virgin Islands and the Cayman Islands.
  • Emergency arbitrator applications: No emergency arbitrator applications were submitted to HKIAC in 2019. The total number of emergency arbitrator applications filed with HKIAC to date is 13.
  • Expedited procedure: 21 applications for the expedited procedure were submitted to HKIAC in 2019. 16 were granted and five were rejected.
  • Third party funding: There was no disclosure of third party funding in the administered arbitrations submitted to HKIAC in 2019.
  • Tribunal secretary service: In 2019, HKIAC legal counsel were appointed as tribunal secretary in 12 arbitrations. Eight of those arbitrations were administered by HKIAC under the HKIAC Administered Arbitration Rules, three were administered by HKIAC under the UNCITRAL Arbitration Rules, and one was an ad hoc arbitration.
  • Concluded arbitrations: In 2019, 48 arbitrations administered by HKIAC were concluded by Final Award. Seven arbitrations administered by HKIAC were concluded by party settlement which resulted in the issuance of a Consent Award.

 

DOMAIN NAME DISPUTE RESOLUTION

  • Overall number of domain name disputes: Of the 182 domain name disputes submitted, 105 were filed under the Uniform Domain Name Dispute Resolution Policy (for all generic Top Level Domains (gTLDs) (UDRP)), 69 under the China Domain Name Dispute Resolution Policy (for .cn and .中国 domain names) (CNDRP), and 8 under the Hong Kong Domain Dispute Resolution Policy (.hk and .香港 domain names) (HKDRP).  
  • Geographical origin or nationality of the parties: Parties from 34 jurisdictions were involved in the domain name disputes submitted to HKIAC in 2019. The top ten geographical origins or nationalities of these parties were:

    1. Mainland China
    2. United States
    3. Germany
    4. Hong Kong
    5. Cayman Islands
    6. Switzerland
    7. Singapore
    8. France
    9. British Virgin Islands, United Kingdom

  • Language of the dispute: 63% of the domain name disputes commenced in 2019 were conducted in Chinese. 37% were conducted in English.

  • Number of appointments: In 2019, HKIAC made a total of 195 appointments. Those appointments are broken down per policy below by percentage and number of appointments:

UDRP – 58% (113)

CNDRP – 38% (74)

HKDRP – 4% (8)

  • Geographical origin or nationality of the panelists: The geographical origins or nationalities of all panelists appointed by HKIAC in 2019 by percentage and number of cases are listed below:

Hong Kong – 33% (65)
Australia – 26% (51)
Mainland China – 9% (18)
Dual nationals – 8% (16)
United Kingdom – 5% (9)
Canada – 4% (8)
Singapore – 4% (8)
France – 3% (6)
Taiwan – 3% (6)
Russia – 2% (4)
United States – 2% (4)

  • Constitution of panels: In 2019,185 administrative panels were constituted. Out of the 185, 97% (180) panels comprised sole panelists and 3% (5) panels comprised three members.

 

2018 Statistics 

HKIAC is pleased to release the following case statistics for 2018: 

  • Total new cases: A total of 520 cases were submitted to HKIAC in 2018. Of those cases, 265 were arbitrations, 21 were mediations and 234 were domain name disputes.

  • Overall arbitration cases: Of the 265 arbitrations submitted to HKIAC in 2018, 146 were administered by HKIAC under the HKIAC Administered Arbitration Rules or the UNCITRAL Arbitration Rules.

  • International arbitrations: 71.7% of all arbitration cases submitted to HKIAC in 2018 were international in nature, i.e. at least one party was not from Hong Kong (80.7% of the administered arbitrations filed in 2018 were international cases).  39.4% of all arbitration cases submitted to HKIAC in 2018 involved no Hong Kong parties and 8.4% involved no Asian parties.

  • Amount in dispute: The total amount in dispute in all arbitration cases was HK$52.2 billion (approximately US$6.7 billion), which represented a 34% increase from US$5 billion in 2017.  The total amount in dispute in all administered cases was HK$49.2 billion (approximately US$6.3 billion). The average amount in dispute in administered arbitrations was HK$337.2 million (approximately US$43.2 million).

  • Geographical origin or nationality of parties: Parties from 40 jurisdictions participated in the arbitrations commenced at HKIAC in 2018. The top ten geographical origins or nationalities of these parties were:

  1. Hong Kong
  2. Mainland China
  3. British Virgin Islands
  4. United States
  5. Cayman Islands
  6. Singapore
  7. South Korea
  8. Macau, Vietnam
  9. Malaysia 
  • Types of disputes: In 2018, HKIAC registered cases concerning the following types of disputes or arising from the following sectors:
    • ​International trade / sale of goods (29.6%)
    • Corporate (18.6%)
    • Maritime (15.1%)
    • Construction (13.7%)
    • Banking and financial services (11.9%)
    • Professional services (8.0%)
    • Intellectual property (1.8%)
    • Investor-State (0.9%)
    • Insurance (0.4%)
  • Investor-State arbitrations: Two investor-State arbitrations were submitted to HKIAC in 2018. These arbitrations are administered by HKIAC under the UNCITRAL Arbitration Rules with one arbitration seated in Hong Kong and another seated outside of Hong Kong.
  • Seat of arbitration: 94.7% of all arbitrations commenced in 2018 were seated in Hong Kong. The remaining arbitrations (non-treaty based) were seated in Macau, Singapore, or “Hong Kong and India”.
  • Governing law: 19 different governing laws were applicable to the disputes submitted to HKIAC in 2018, with Hong Kong law as the most commonly selected governing law, followed by English law and Chinese law. A list of all governing laws is provided below, ranked according to frequency:
    • Hong Kong law
    • English law
    • Chinese law
    • Malaysian law
    • California law
    • Cayman Islands law
    • CISG, Indonesian law, public international law
    • Illinois law, Mongolian law, Western Australian law, Samoan law, Macau law, New York law, Italian law, Singapore law, Swiss law, UNIDROIT Principles
  • Language of arbitration: 74% of the administered arbitrations commenced in 2018 were conducted in English. 12.4% were in Chinese and 7.2% were in both English and Chinese. The languages of arbitration for the remaining 6.4% were “Japanese and English” or “Korean and English”.
  • Arbitrator appointments and confirmations: In 2018, HKIAC made a total of 125 arbitrator appointments. Those appointments are broken down below by number of appointments and percentage:

Role of Arbitrator

  • ​Sole Arbitrator - 64% (80) 
  • Co-Arbitrator - 17.6% (22)
  • Presiding Arbitrator - 16% (20)
  • Emergency Arbitrator - 2.4% (3)

​Applicable Rules

  • ​HKIAC Administered Arbitration Rules - 55.2% (69)
  • UNCITRAL Arbitration Rules (administered by HKIAC) - 20.8% (26)
  • Ad Hoc - 24% (30)

In 2018, HKIAC confirmed a total of 93 designations of arbitrators under the HKIAC Administered Arbitration Rules. Of the 93 designations, 69 were made by parties and 24 were made by co-arbitrators. 

The geographical origins or nationalities of all arbitrators appointed by HKIAC in 2018 by number of cases and percentage are listed below:

  • United Kingdom - 29.6% (37)
  • Hong Kong - 20.0% (25)
  • Canada - 5.6% (7)
  • Singapore - 5.6% (7)
  • Australia - 4.8% (6)
  • France - 4.8% (6)
  • Mainland China - 4.8% (6)
  • Austria - 2.4% (3)
  • Malaysia - 2.4% (3)
  • New Zealand - 2.4% (3)
  • Denmark - 0.8% (1)
  • Spain - 0.8% (1)
  • Sweden - 0.8% (1)
  • United States - 0.8% (1)
  • Dual Nationals - 14.4% (18)

The geographical origins or nationalities of all arbitrators designated by parties or co-arbitrators and confirmed by HKIAC in 2018 by number of cases and percentage are listed below:

  • Hong Kong - 29.0% (27)
  • United Kingdom - 28.0% (26)
  • Mainland China - 5.4% (5)
  • Singapore - 5.4% (5)
  • United States - 5.4% (5)
  • Australia - 4.3% (4)
  • France - 3.2% (3)
  • Canada - 3.2% (3)
  • Austria - 2.2% (2)
  • New Zealand - 2.2% (2)
  • South Korea - 2.2% (2)
  • Malaysia - 1.0% (1)
  • Sweden - 1.0% (1)
  • Switzerland - 1.0% (1)
  • Dual Nationals – 6.5% (6)

Of the 125 appointments made by HKIAC in 2018, 22 (17.6%) were of female arbitrators and 18 (14.4%) were of arbitrators not previously appointed by HKIAC over the last three years.

Of the 69 designations made by parties and confirmed by HKIAC in 2018, 7 (10.1%) were of female arbitrators and 21 (30.4%) were of arbitrators not previously designated by parties and confirmed by HKIAC over the last three years.

Of the 24 designations made by co-arbitrators and confirmed by HKIAC in 2018, 2 (8.3%) were of female arbitrators and 7 (29.2%) were of arbitrators not previously designated by co-arbitrators and confirmed by HKIAC over the last three years.

Further statistics about arbitrator appointments and confirmations in 2018 are available here.

Challenges to arbitrators: Six challenges to arbitrators were submitted to HKIAC in 2018. All challenges were rejected.  

Emergency arbitration: Three emergency arbitrator applications were filed in 2018, bringing the total number of emergency arbitrator applications filed with HKIAC to date to 13. All three applications were concluded with an Emergency Award. 

Expedited procedure: 19 applications for the expedited procedure were submitted to HKIAC in 2018. 13 were granted; six were rejected.

Multi-party or multi-contract arbitration: 99 arbitrations submitted to HKIAC in 2018 involved multiple parties or contracts. In 13 of those cases, a single arbitration was commenced under multiple contracts. HKIAC received nine requests for consolidation. Eight were granted and one was withdrawn. Two requests for the joinder of additional parties were submitted. One request was granted and one was rejected.

Tribunal Secretary Service: In 2018, HKIAC Secretariat members were appointed as tribunal secretary in ten cases (i.e. 150% increase from four cases in 2017). Six of those cases were administered by HKIAC under the HKIAC Administered Arbitration Rules and four were administered by HKIAC under the UNCITRAL Arbitration Rules.

Concluded Arbitrations: In 2018, 44 arbitrations administered by HKIAC were concluded by Final Award. Nine arbitrations administered by HKIAC were concluded by party settlement which resulted in the issuance of a Consent Award.

2017 Statistics 

HKIAC is pleased to release the following case statistics for 2017: 

  • Total new cases:  A total of 532 new cases were filed at HKIAC in 2017 (a 15.7% increase from 2016). Of those new cases, 297 were arbitrations, 15 were mediations and 220 were domain name disputes.
  • Overall arbitration cases:  Within the 297 arbitrations commenced in 2017, 156 were administered by HKIAC under the HKIAC Administered Arbitration Rules or the UNCITRAL Arbitration Rules (a 66% growth from 2016).
  • International arbitration cases: 73.1% of all arbitration cases filed with HKIAC in 2017 were international in nature, i.e. at least one party was not from Hong Kong (72.3% of the administered arbitrations filed in 2017 were international cases). 40.8% of all new arbitration cases involved no Hong Kong parties and 5.2% involved no Asian parties.
  • Amount in dispute: The total amount in dispute in all arbitration cases was HK$39.3 billion (approximately US$5 billion), which represented a 100% increase from US$2.5 billion in 2016.  The total amount in dispute in all administered cases was HK$36.8 billion (approximately US$4.7 billion). The average amount in dispute in administered arbitrations was HK$240.3 million (approximately US$30.6 million).
  • Geographical origin or nationality of parties: Parties from 39 jurisdictions participated in HKIAC arbitrations in 2017. The top ten geographical origins or nationalities of these parties were:
    1. Hong Kong
    2. Mainland China
    3. Singapore
    4. British Virgin Islands
    5. Cayman Islands
    6. United States 
    7. South Korea
    8. Thailand
    9. Macau
    10. United Kingdom
  • Types of disputes:  In 2017, HKIAC registered cases concerning disputes arising from a wide range of sectors. A breakdown of those sectors is provided below:
    • ​International Trade (31.9%)
    • Construction (19.2%)
    • Corporate (13.5%)
    • Maritime (8.8%)
    • Professional Services (8.1%)
    • Banking and Financial Services (6.2%)
    • Intellectual Property (4.6%)
    • Energy (1.9%)
    • Insurance (1.2%)
    • Others (4.6%)
  • Seat of arbitration:  All arbitrations commenced in 2017 were seated in Hong Kong. 
  • Governing law:  14 different governing laws were chosen to govern the disputes submitted to HKIAC in 2017, with Hong Kong law as the most commonly chosen governing law of the underlying contract, followed by English law and Chinese law. 
  • Language of arbitration: 86.9% of the administered arbitrations commenced in 2017 were conducted in English. 11.2% were in Chinese and 1.9% were in both English and Chinese.
  • Arbitrator appointments and confirmations: In 2017, HKIAC made a total of 97 arbitrator appointments. Those appointments are broken down below by number of appointments:
    • Role of Arbitrator
      • ​Sole Arbitrator - 72.2% (70) 
      • Co-Arbitrator - 13.4% (13)
      • Presiding Arbitrator - 9.3% (9)
      • Emergency Arbitrator - 5.2% (5)
    • Applicable Rules
      • ​HKIAC Administered Arbitration Rules - 49.48% (48)
      • Ad Hoc 42.27% (41)
      • UNCITRAL Rules (administered by HKIAC) - 8.25% (8)
         
    • ​In 2017, HKIAC confirmed a total of 86 designations of arbitrators under the HKIAC Administered Arbitration Rules. Of the 86 designations, 60 were made by parties and 26 were made by co-arbitrators.  Below is a breakdown of the geographical origin or nationality of all arbitrators appointed by HKIAC in 2017 by number of cases and percentage: 
      1. United Kingdom - 33% (32)
      2. Hong Kong - 13.4% (13)
      3. Canada - 10.3% (10)
      4. Australia - 9.3% (9)
      5. Malaysia - 9.3% (9)
      6. Mainland China - 6.2% (6)
      7. Singapore - 4.1% (4)
      8. New Zealand - 3.1% (3)
      9. Austria - 2.1% (2)
      10. Thailand - 1.0% (1)
      11. United States - 1.0% (1)
      12. Dual Nationals - 7.2% (7)
    • Below is a breakdown of the geographical origin or nationality of all arbitrators designated by parties or co-arbitrators and confirmed by HKIAC in 2017 by number of cases and percentage:
      1. United Kingdom - 46.4% (40)
      2. Canada - 11.5%(10)
      3. Australia - 10.5% (9)
      4. Hong Kong - 8.1% (7)
      5. Singapore - 4.7% (4)
      6. Mainland China - 4.7% (4)
      7. United States - 4.7% (4) 
      8. Austria - 3.5% (3)
      9. Malaysia - 2.3% (2)
      10. India - 1.2% (1)
      11. South Korea -1.2% (1)
      12. New Zealand - 1.2% (1) 

Of the 97 appointments made by HKIAC in 2017, 16 (16.5%) were of female arbitrators and 32 (33%) were of arbitrators not previously appointed by HKIAC over the last three years.

Of the 60 designations made by parties and confirmed by HKIAC in 2017, 9 (15%) were of female arbitrators and 15 (25%) were of arbitrators not previously designated by parties and confirmed by HKIAC over the last three years.

Of the 26 designations made by co-arbitrators and confirmed by HKIAC in 2017, 4 (15.4%) were of female arbitrators and 10 (38.5%) were of arbitrators not previously designated by co-arbitrators and confirmed by HKIAC over the last three years.

Further statistics about arbitrator appointments and confirmations in 2017 are available here.

  • Challenges to arbitrators: 4 challenges to arbitrators were submitted to HKIAC in 2017. Three challenges were rejected and one resulted in the resignation by the challenged arbitrator. One challenge was made on the basis of the challenged arbitrator’s alleged failure to disclose his same chambers connection with a party’s barristers and his past professional relationship with some of those barristers. Another challenge was made on the basis of the alleged ongoing professional relationship between the challenged arbitrator and a party’s newly appointed solicitors. The remaining two were made based on the alleged misconduct of the challenged arbitrators.  
  • Emergency arbitrator: 4 emergency arbitrator applications were submitted in 2017, bringing the total number of emergency arbitrator applications filed with HKIAC to date to 10. All applications were concluded with an Emergency Award. 
  • Expedited procedure: 15 applications for expedited procedure were submitted to HKIAC and 11 of them were granted.
  • Multi-party or multi-contract arbitrations: 82 arbitrations commenced in 2017 involved multiple parties or contracts (i.e. 27.6% of overall arbitrations). In 9 of those cases, a single arbitration was commenced under multiple contracts. HKIAC received 11 requests for consolidation and 9 were granted. HKIAC received 5 requests for joinder of additional parties and 2 were granted.
  • Tribunal Secretary Service:  HKIAC Secretariat members were appointed as tribunal secretary in 4 cases.  These cases were administered by HKIAC under the 2013 HKIAC Administered Arbitration Rules and were conducted in English.  Out of the 4 cases in which appointments were made, 3 have concluded.  In respect of the concluded appointments, on average the tribunal secretary's costs accounted for 6.4% of the arbitral tribunal's costs. 
  • Concluded Arbitrations: 36 arbitrations administered by HKIAC were concluded by Final Award in 2017.

 

2016 Case Statistics

HKIAC is pleased to release its case statistics for 2016.

  • Total new cases: A total of 460 new cases were filed at HKIAC in 2016.  Of these new cases, 262 were arbitrations, 15 were mediations and 183 were domain name disputes. 
  • New arbitration cases: Within the 262 arbitrations, 94 were administered by HKIAC under the HKIAC Administered Arbitration Rules or the UNCITRAL Rules. 
  • Total amount in dispute: The total sum of all arbitration disputes was HK$19.4 billion (approximately US$2.5 billion).
  • International arbitration caseload: HKIAC’s 2016 arbitration caseload continued to be predominately international in nature: 78.4% of new arbitration cases involved at least one non-Hong Kong party and 87.2% of new administered arbitrations were international cases.  49.1% of the arbitration cases filed with HKIAC in 2016 had no connection with Hong Kong parties and 6.6% had no connection with Asia parties.
  • Geographical origin or nationality of parties: Parties from 39 jurisdictions participated in HKIAC arbitrations in 2016.  The top geographical origins or nationalities of these parties were (by number of cases):

1.  Hong Kong

2.  Mainland China

3.  British Virgin Islands

4.  Singapore

5.  United States

6.  South Korea

7.  Marshall Islands | Taiwan | Macau

8.  Cayman Islands

9.  United Kingdom

10.  Netherlands | Seychelles | Japan

  • Types of disputes:

1.  Corporate and Finance: 29.3%

2.  Maritime: 21.6%

3.  Construction: 19.2%

4.  International Trade: 10.8%

5.  Intellectual Property: 5.4%

6.  Energy: 2.4%

7.  Insurance: 2.4%

8.  Others: 8.9%

  • Seat of arbitration:  Hong Kong remained the most commonly chosen seat for HKIAC arbitration.  Singapore was also selected as the seat in one case. 
  • Governing law:  Hong Kong law was the top choice for governing substantive contracts, followed by English law and Chinese law.  
  • Language:  79.8% of the administered arbitrations were conducted in English.  12.8% were in Chinese and 7.5% were in both English and Chinese.
  • Arbitrator appointments and confirmations:  HKIAC made 75 appointments and 62 confirmations of arbitrators in 2016.  The top 10 geographical origins or nationalities represented are listed below.  Female arbitrators received 18 appointments (11.5%) from parties, co-arbitrators and HKIAC.

1.  United Kingdom

2.  Hong Kong

3.  Australia

4.  Singapore

5.  Canada

6.  Mainland China

7.  Austria

8.  Malaysia

9.  United States

10.  New Zealand

  • Challenges to arbitrators: no challenges to arbitrators were filed in 2016.
  • Emergency arbitrator:  HKIAC received 2 emergency arbitrator applications in 2016, bringing the total number to 6 to date.  Both applications were accepted and concluded with a consent order/award made by the emergency arbitrator. 
  • Expedited procedure:  15 applications for the expedited procedures were submitted under Article 41 of the 2013 HKIAC Administered Arbitration Rules (the “Rules”) and 8 of them were granted by HKIAC.   
  • Multi-party or multi-contract arbitrations:  43 new arbitration cases submitted to HKIAC involved multiple parties or contracts.  In 7 cases involving a total of 19 contracts, a single arbitration was commenced in each case pursuant to Article 29 of the Rules.  HKIAC received 4 requests for consolidation and 3 requests for joinder of additional parties, of which 1 consolidation request and 2 requests for joinder were granted.   
  • Awards:  65 arbitral awards were issued by HKIAC tribunals. 

 

2015 Case Statistics

HKIAC is pleased to report strong growth in its case statistics for 2015, recording the highest number of new cases since 2010 and a record high total amount in dispute.

  • Total new cases: A total of 520 new cases were filed at HKIAC in 2015.  Of these new cases, 271 were arbitrations, 22 were mediations and 227 were domain name disputes. 
  • New arbitration cases: Within the 271 arbitrations, 116 were administered by HKIAC under the HKIAC Administered Arbitration Rules or the UNCITRAL Rules. 
  • Total amount in dispute: The total sum of all arbitration disputes reached HK$47.9 billion (approximately US$6.2 billion).
  • International arbitration caseload: HKIAC’s 2015 arbitration caseload continued to be predominately international in nature: 79% of new arbitration cases involved at least one non-Hong Kong party and 94.8% of new administered arbitrations were international cases.  43.3% of the arbitration cases filed with HKIAC in 2015 had no connection with Hong Kong and 6.1% had no connection with Asia.
  • Geographical origin or nationality of parties: Parties from 41 jurisdictions participated in HKIAC arbitration in 2015.  The top 15 geographical origins or nationalities of these parties were (by number of cases):

1.  Hong Kong

2.  Mainland China

3.  British Virgin Islands

4.  Macau | Singapore

6.  Australia

7.  United Kingdom | United States

9.  Cayman Islands

10.  South Korea | Marshall Islands

12.  Mongolia | Germany | Samoa

15.  Taiwan | Panama

  • Types of disputes:  A wide range of disputes were referred to HKIAC in 2015.  Half of these disputes were commercial cases, while 22.2% concerned construction matters and 18% were maritime disputes.  Corporate and insurance disputes accounted for 8.9% and 0.9% of the arbitration caseload respectively.    
  • Seat of arbitration:  Hong Kong remained the most commonly chosen seat for HKIAC arbitration.  Macau, Oregon and “England & Wales” were also selected as the seat for some HKIAC cases. 
  • Governing law:  Hong Kong law was the top choice for governing substantive contracts, followed by English law and Chinese law.  
  • Language:  79% of the administered arbitrations were conducted in English.  7.4% were in Chinese and 13.6% were in both English and Chinese.
  • Arbitrator appointments and confirmations:  The top 10 geographical origins or nationalities represented were from United Kingdom, Hong Kong, Australia, the United States, Singapore, Canada, Mainland China, Malaysia, Sweden, and New Zealand.  Female arbitrators received 16 appointments.  
  • Challenges to arbitrators: 6 challenges to arbitrators were raised and they were all rejected by HKIAC with reasons.
  • Emergency arbitrator:  HKIAC received 2 emergency arbitrator applications in 2015, bringing the total number to 4.  One application was rejected by the emergency arbitrator and the other was not subsequently pursued by the applicant. 
  • Expedited procedure:  9 applications for the expedited procedures were submitted under Article 41 of the 2013 HKIAC Administered Arbitration Rules (the “Rules”) and 7 of them were granted by HKIAC.   
  • Multi-party or multi-contract arbitrations:  A quarter of the new arbitration cases submitted to HKIAC involved multiple parties or contracts.  In 7 cases involving a total of 53 contracts, a single arbitration was commenced in each case pursuant to Article 29 of the Rules.  HKIAC received 2 requests for consolidation and 2 requests for joinder of additional parties.  All these requests were granted.   
  • Awards:  27 arbitral awards were issued by HKIAC tribunals. 

 

2014 Case Statistics

In 2014, HKIAC handled a total of 477 new disputes - 252 were arbitration matters, 201 were domain name disputes and 24 were mediations. Of the 252 arbitrations, 110 were fully administered by the HKIAC. This represents a 36% growth from 2013 and a 62% increase from 2012. The total value in dispute of the arbitration cases also increased from US$2 billion in 2013 to US$2.8 billion in 2014. HKIAC continues to be one of the most popular venues for cross-border disputes, as 93% of its new administered arbitrations in 2014 were international in nature featuring parties from 38 jurisdictions.

While the HKIAC remains a popular institution for China-related disputes, 2014 saw an increase in cases involving parties that were not from Mainland China or Hong Kong. Apart from general commercial disputes, the top five industry sectors that gave rise to the most significant number of HKIAC administered arbitrations were energy & resources (18.2%), maritime & shipping (15.5%), consulting & professional services (13.6%), corporate & M&A (10.9%), and banking & finance (8.2%). 

 

2013 Case Statistics

2013 was another strong year for HKIAC.

The total number of dispute resolution matters rose to 463.

The trend of strong growth in cases administered by HKIAC also continued. Of the 260 new arbitration cases handled in 2013, 81 cases were fully administered by the HKIAC Secretariat. This represents a 20% increase from 2012 and a 97% increase from 2011.

The total amount in dispute in 2013 was US$2 billion. This represents a 11% increase from 2012.

HKIAC received cases from parties from 32 jurisdictions in 2013.

Of the total arbitration cases, 75% were international, of the administered arbitration cases 91% were international.

Chinese parties remain the most frequent users of HKIAC arbitration, along with Taiwan, the United States, Singapore, the British Virgin Islands, Korea, the Cayman Islands, Germany, Japan and the Philippines.

Commercial (47%), corporate (27%) and maritime (11%) claims remain key sectors in disputes administered by the HKIAC. We are also seeing growth in intellectual property-related disputes as well as private equity matters in our administered arbitration cases.

of the total number of dispute resolution matters, the HKIAC handled 170 domain name disputes, which represent a 46% increase compared to 2012, and 33 mediation disputes.

HKIAC made a total of 193 arbitrators appointments in 2013.

The HKIAC Maritime Arbitration Group, a division of the HKIAC, consisting of HKIAC arbitrators who specialise in maritime matters, reported that its members had been appointed on 157 occasions in 2013.

 

2012 Case Statistics

The HKIAC handled 456 dispute resolution matters in 2012. These include 293 arbitration matters, 116 domain name disputes and 47 mediation disputes.

Of the 293 arbitration cases handled by HKIAC in 2012, 68% were international and 32% were domestic. Of ths total, 68 cases were fully administered by the HKIAC in accordance with its rules. This is a 40% increase from 2011 to 2012.

The total amount in dispute for administered cases was approximately US$1.8 billion.

International cases involved parties from the following jurisdictions: Angola, Australia, Belgium, Brazil, Brunei, Cambodia, Canada, Cayman Islands, China, Costa Rica, Cyprus, Denmark, Djibouti, Ecuador, Germany, India, Indonesia, Italy, Japan, Kyrgyzstan, Macau, Malta, the Marshall Islands, Mauritius, the Netherlands, Norway, the Philippines, Russia, Samoa, South Africa, South Korea, Switzerland, Taiwan, Thailand, the British Virgin Islands, the United Kingdom, the United States, and Vietnam.

Of the total number of arbitration cases, 24% involved construction, 27% involved general commercial matters, 8% involved corporate disputes, 3% involved insurance and 38% involved maritime disputes.

The HKIAC made a total 196 arbitrator appointments in 2012.

The HKIAC Maritime Arbitration Group , a division of the HKIAC, consisting of HKIAC arbitrators who specialise in maritime matters, reported that its members had been appointed on 163 occasions in 2012.

 

2011 Case Statistics

HKIAC handled 502 dispute resolution matters in 2011. These include 275 arbitration matters, 127 domain name disputes and 100 mediation disputes.

Of the 275 arbitration cases handled by the HKIAC in 2011, 65% were international and 35% were domestic. Of this total, 41 cases were fully administered by HKIAC in accordance with its rules.

The total amount in dispute for administered cases was approximately US$3.8 billion.

International cases involved parties from the following jurisdictions: Anguilla, Australia, the British Virgin Islands, Brazil, Cambodia, the Cayman Islands, China, the Czech Republic, Denmark, France, Germany, Greece, India, Indonesia, Israel, Italy, Japan, Liberia, Luxembourg, Macau, Malaysia, Mauritius, Panama, Philippines, Poland, Singapore, South Africa, South Korea, Switzerland, Taiwan, the United Arab Emirates, the United Kingdom, and the United States. 

Of these jurisdictions and apart from Hong Kong, parties from the British Virgin Islands, the Cayman Islands, China, Japan, Singapore, South Korea, and the United States represented the most frequent users of the HKIAC.

Of the total number of arbitration cases, 14% involved construction, 29% involved commercial, 15% involved corporate disputes, 4% insurance and 38% involved maritime disputes.

The HKIAC made a total of 123 arbitrator appointments in 2011.

The HKIAC Maritime Arbitration Group, a division of the HKIAC, consisting of HKIAC arbitrators who specialize in maritime matters, reported that its members had been appointed on 98 occasions in 2011.

 

2010 Case Statistics

HKIAC handled 624 dispute resolution matters in 2010. These included 291 arbitration matters, 107 domain name disputes, and 226 mediation disputes.

Of the 291 arbitration matters, 175 were international and 116 were domestic. Of the total, 16 cases were fully administered by the HKIAC in accordance with its rules.

Of this, 28% involved construction disputes, 55% involved commercial disputes and 17% involved maritime disputes.

The HKIAC made 158 arbitrator appointments in 2010.

The HKIAC Maritime Arbitration Group, a division of the HKIAC, consisting of HKIAC arbitrators who specialise in maritime matters, reported that its members had been appointed on 131 occasions in 2010.

 

2009 Case Statistics

HKIAC handled 649 dispute resolution matters in 2009.

In addition there were 97 cases from the HKIAC Maritime Arbitration Group. This increased the total to 746 dispute cases. These included 429 arbitration cases, 140 domain name cases, 159 mediations and 18 adjudications.

Of the 429 arbitration cases in 2009, 309 cases were international in nature and 120 were domestic. Of this total, 29 cases were fully administered by the HKIAC in accordance with its rules.

Of the total number of arbitration cases, 93 involved construction disputes, 182 involved commercial disputes and 154 involved shipping disputes.

 

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