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.
- Nationality of parties: Parties from 41 jurisdictions participated in HKIAC arbitration in 2015. The top 15 nationalities of these parties were (by number of cases):
1. Hong Kong
2. Mainland China
3. British Virgin Islands
4. Macau | Singapore
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 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 6. 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.