New Year, New Rules: HKIAC Adopts New Procedures for Administering UNCITRAL Cases
2 January 2015
The Hong Kong International Arbitration Centre (HKIAC) is pleased to introduce the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules (2015 Procedures), which came into force on 1 January 2015.
Unless the parties agree otherwise, the 2015 Procedures apply to arbitrations commenced on or after 1 January 2015 pursuant to an arbitration agreement or an investment treaty, which either (1) provides for these Procedures to apply; or (2) provides for arbitration administered by HKIAC under the UNCITRAL Arbitration Rules or words to similar effect. The 2015 Procedures supersede HKIAC’s previous procedures for the administration of UNCITRAL arbitrations, including the Procedures for the Administration of International Arbitration (effective 31 March 2005). Arbitration under the 2015 Procedures covers both international commercial arbitration and investment treaty arbitration.
The 2015 Procedures incorporate updates which bring them in conformity with all versions of the UNCITRAL Rules, i.e. the 1976 and 2010 versions (with or without paragraph 4 of Article 1 as introduced 2013), and therefore create a single and user-friendly system that applies to arbitrations administered by HKIAC under any version of the UNCITRAL Rules. This is another innovative practice developed by HKIAC which demonstrates its commitment to implementing best practice to meet the needs of its users.
HKIAC has the longest history of and experience in administering UNCITRAL cases in the Asia-Pacific region, having begun to handle such cases in 1986. Since then, HKIAC has been designated as the administering body in numerous UNCITRAL arbitrations. Following the innovative practices developed by HKIAC in 2014, including the tribunal secretary service and the model clauses with an express provision prompting parties to designate a governing law of the arbitration clause, the introduction of the 2015 Procedures sets another precedent of best practice in international arbitration.
Hong Kong International Arbitration Centre
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