05 Sep 2024
HKIAC may from time to time issue practice notes to supplement, regulate and implement its Administered Arbitration Rules for the purpose of facilitating the administration of arbitrations governed by those Rules.
Appointment of Arbitrators
The Practice Note on Appointment of Arbitrators came into force on 28 September 2021 and sets out HKIAC’s general practice of appointing arbitrators. The full text of the Practice Note is available here.
Practice Notes on Costs of Arbitration
Since it began fully administering cases in 2008, HKIAC has offered parties a unique ability to foresee and control the costs of their proceedings. In addition to the clear and competitive schedule of administrative fees set out in Schedule 1 of the 2013 Administered Arbitration Rules, parties to an HKIAC administered arbitration also have a choice as to the determination of the tribunal’s fees – calculated either on the basis of the amount in dispute (Schedule 3), or on the basis of agreed hourly rates (Schedule 2).
In 2013, with the intention of streamlining the arbitrator appointment process, HKIAC introduced standard terms of appointment (subject to any variation agreed by all parties) to which all arbitrators appointed in accordance with the 2013 Rules must agree. The introduction of such uniformity is intended to help to simplify and expedite negotiations between parties and their chosen arbitrators facilitating a faster commencement of the substantive proceedings.
HKIAC has issued two Practice Notes to assist arbitrators and parties with the implementation of its standard terms and conditions of appointment:
- Practice Note on Costs of Arbitration - Schedule 2 (effective 11 March 2019)
- Practice Note on Costs of Arbitration - Schedule 3 (effective 11 March 2019)
- Practice Note on Costs of Arbitration - Based on Schedule 2 and Hourly Rates (effective 1 June 2016)
- Practice Note on Costs of Arbitration - Based on Schedule 3 and the Sum in Dispute (effective 1 June 2016)
- Practice Note on Arbitral Tribunal's Fees, Expenses, Terms and Conditions Based on Schedule 2 and Hourly Rates
- Practice Note on Arbitral Tribunal's Fees, Expenses, Terms and Conditions Based on Schedule 3 and the Sum in Dispute
Challenge of an Arbitrator
A challenge to an arbitrator in an arbitration administered by HKIAC under any of the following arbitration rules will be determined by HKIAC in accordance with the procedures set out in the Practice Note on the Challenge Rules:
- 2013 HKIAC Administered Arbitration Rules;
- 2008 HKIAC Administered Arbitration Rules;
- any other arbitration rules issued by HKIAC which designate HKIAC to decide challenges to arbitrators;
- 2010 UNCITRAL Arbitration Rules (with or without paragraph 4 of Article 1 as introduced in 2013); or
- 1976 UNCITRAL Arbitration Rules.
and in any other arbitration in which the parties agree the Practice Note shall apply.
The Practice Note came into force on 31 October 2014 and replaces the Hong Kong International Arbitration Centre Challenge Rules adopted on 25 March 2008 and the Practice Note on the Challenge of an Arbitrator effective on 1 November 2013. For the avoidance of doubt, this Practice Note shall be treated as the Challenge Rules referred to in Article 11.7 of the 2008 HKIAC Administered Arbitration Rules.
- Practice Note on the Challenge of an Arbitrator (effective 31 October 2014)
- Practice Note on the Challenge of an Arbitrator (effective 11 March 2019)
Consolidation of Arbitrations
The Hong Kong International Arbitration Centre (HKIAC) is pleased to introduce the Practice Note on Consolidation of Arbitrations (Practice Note), which came into effect on 1 January 2016.
The Practice Note applies to arbitrations in which a Request for Consolidation (Request) is submitted under Article 28 of the 2013 HKIAC Administered Arbitration Rules (Rules) on or after 1 January 2016. It supplements the consolidation provisions of the Rules by setting out the particulars to be included in the Request and any response thereto.
