Authentication Service for Hong Kong Arbitral Awards
There is at present no organization authenticating or certifying awards made in ad hoc arbitrations in Hong Kong.
A party seeking to enforce an arbitral award outside Hong Kong may be required under Article IV(1) of the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958 (New York Convention) by the foreign court before which enforcement is sought, to tender:
“(a) A duly authenticated original award or a duly certified copy thereof; and
(b) The original arbitration agreement or a duly certified copy thereof.”
Where enforcement is sought outside Hong Kong such awards may be authenticated or certified by the Secretariat of HKIAC whenever so requested by a party.
Procedure for Authentication
Any award made in Hong Kong or an award made in an arbitration where the seat is Hong Kong, may be lodged for authentication or certification purposes at HKIAC.
An award may be lodged by the sole arbitrator or in the case of a 3-member tribunal, by any member of the tribunal.
An award to be lodged must be an original signed award and shall be accompanied by:
- The original arbitration agreement or the document in which the arbitration clause is embodied or in either case a duly certified copy; and
- The name(s) of the foreign court before which the authentication or certification is required.
HKIAC may in certain circumstances decline to provide such authentication services.
The cost per certification is HKD 5,000.00.