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This flowchart, and all others linked to from this section of the website, are for illustrative purposes only. Parties and arbitrators should not rely exclusively on these charts in interpreting and determining the procedures in an HKIAC arbitration. HKIAC has the power to interpret these flowchart.

1. The requirements which must be satisfied for claims under multiple contracts to be brought in the same proceedings are set out in Art. 29. Unless otherwise agreed by the parties, Art. 29 will only apply to arbitrations commenced in accordance with an arbitration agreement entered into after 1 November 2013 (see Art. 1.4).
2. Art. 4: the Notice of Arbitration must be submitted to HKIAC and also served by Claimant on all other parties; it should have certain content (see Art. 4.3) and be accompanied by payment of the Registration Fee (see Art. 4.4, Sch. 1 and the Schedule of Fees); it may include the Statement of Claim (see Art. 4.6 and 16).
3. Art. 5: the Answer to the Notice of Arbitration must be submitted to HKIAC and also served by Respondent on all other parties within 30 days from Respondent’s receipt of the Notice of Arbitration; it should have certain content (see Art. 5.1) and may include the Statement of Defence (see Art. 5.3 and 17). Any counterclaim or set-off defence must, to the extent possible, be raised with Respondent’s Answer to the Notice of Arbitration (see Art. 5.4).
4. Art. 40 and the Practice Notes on Arbitral Tribunal's Fees, Expenses, Terms and Conditions Based on Schedules 2 and 3 Para. 7.1: as soon as practicable, and in any event within 15 days, after receipt of the Notice of Arbitration by Respondent, HKIAC will request Claimant and Respondent to deposit an advance for costs; in principle this will be an equal amount, however, where a Respondent submits a counterclaim, or it otherwise appears appropriate in the circumstances, HKIAC may request separate deposits. HKIAC may request further deposits from each party within 15 days from receipt of a counterclaim or set-off defence (see Practice Notes on Arbitral Tribunal's Fees, Expenses, Terms and Conditions Based on Schedules 2 and 3 Para. 7.2). Supplementary deposits may be requested during the course of the arbitration.
5. Art. 6: if the parties have not agreed upon the number of arbitrators, HKIAC will decide, taking into account the circumstances of the case.
6. Art. 10: the fees and expenses of the Tribunal will either be determined according to an hourly rate, in accordance with Schedule 2, or the schedule of fees based on the sum in dispute, referred to in Schedule 3. Parties have the opportunity to agree the method and inform HKIAC within 30 days of the date on which Respondent receives the Notice of Arbitration. If the parties fail to agree, the Tribunal’s fees and expenses will be determined according to hourly rates.
7. Art. 7.1: where the parties have agreed to refer their dispute to a sole arbitrator, the parties must jointly designate the sole arbitrator within 30 days from the date when the Notice of Arbitration is received by Respondent. Where HKIAC decides that the dispute is to be referred to a sole arbitrator, the parties must jointly designate the sole arbitrator within 30 days from the date when HKIAC's decision is received by the last of them. As a general rule, where the parties to an arbitration are of different nationalities, the sole arbitrator must not have the same nationality as any party unless specifically agreed otherwise by all parties in writing (see Art. 11.2). Notwithstanding the general rule, in appropriate circumstances, and provided that none of the parties object within a time limit set by HKIAC, the sole arbitrator may be of the same nationality as any of the parties (see Art. 11.3).
8. Art. 8.1(a) and (b): where the parties have agreed to refer their dispute to three arbitrators, each party must designate one arbitrator, in the Notice of Arbitration and the Answer to the Notice of Arbitration respectively. Where HKIAC decides that the dispute is to be referred to three arbitrators, Claimant must designate an arbitrator within 15 days from receipt of HKIAC’s decision, and Respondent must designate within 15 days from receipt of notification of Claimant’s designation. See Art. 8.2 for details of the appointment process when the dispute is to be referred to three arbitrators and there are more than two parties to the arbitration.
9. Art. 9: designations of any arbitrator, whether made by the parties or the arbitrators, are subject to confirmation by HKIAC, upon which the appointments will become effective. See also Art. 10 and 11.1 to 11.4 for the applicable terms and required qualifications for confirmation.
10. Art. 7.2: if the parties fail to designate the sole arbitrator within the applicable time limit, HKIAC will appoint the sole arbitrator.
11. Art. 8.1(a) and (b): if a party fails to designate an arbitrator, HKIAC will appoint the arbitrator.
12. Art. 8.1(c): the two arbitrators appointed by the parties must designate the presiding arbitrator within 30 days from the confirmation of the second party-appointed arbitrator. As a general rule, where the parties to an arbitration are of different nationalities, the presiding arbitrator must not have the same nationality as any party unless specifically agreed otherwise by all parties in writing (see Art. 11.2). Notwithstanding the general rule, in appropriate circumstances, and provided that none of the parties object within a time limit set by HKIAC, the presiding arbitrator may be of the same nationality as any of the parties (see Art. 11.3).
13. Art. 8.1(c): if the party-appointed arbitrators fail to designate the presiding arbitrator within 30 days from the confirmation of the second arbitrator, HKIAC will make the appointment.
14. Art. 11: an arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence, or if the arbitrator does not possess qualifications agreed by the parties, or if the arbitrator becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay. A party may challenge the arbitrator designated by it or in whose appointment it has participated only for reasons of which it becomes aware after the designation has been made (see Art. 11.6). A party who intends to challenge an arbitrator must send notice of its challenge within 15 days after the confirmation of that arbitrator has been notified to the challenging party or within 15 days after that party became aware or ought reasonably to have become aware of the grounds for challenge (see Art. 11.7). See flowchart “Challenging and Replacing an Arbitrator".
15. Art. 19.4: if a jurisdictional question arises before the constitution of the Tribunal, HKIAC will decide whether and to what extent the arbitration will proceed. The arbitration will proceed if and to the extent that HKIAC is satisfied, prima facie, that an arbitration agreement under the Rules may exist. Any question as to the jurisdiction of the Tribunal will be decided by the Tribunal once confirmed.
16. Art. 27: a party wishing to join an additional party to the arbitration or a third party wishing to be joined as an additional party must submit a Request for Joinder to HKIAC (see Art 27.3 and 27.6). Where HKIAC receives a Request for Joinder before the confirmation of the Tribunal, HKIAC will decide whether, prima facie, the additional party is bound by an arbitration agreement under the Rules giving rise to the arbitration, and if it is, HKIAC can join the additional party to the arbitration (see Art. 27.8). See flowchart “Joining an Additional Party".
17. Art. 28: at the request of a party, and after consulting with the parties and any confirmed arbitrators and considering the circumstances of the case, HKIAC can consolidate two or more arbitrations pending under the Rules if the requirements set out in Art. 28 are satisfied. Unless otherwise agreed by the parties, Art. 28 will only apply to arbitrations commenced in accordance with an arbitration agreement entered into after 1 November 2013 (see Art. 1.4). See also flowchart “Consolidating HKIAC Arbitrations".
18. Art. 41: prior to the constitution of the Tribunal, a party may apply to HKIAC in writing for the arbitration to be conducted in accordance with the expedited procedure in three circumstances (i) the amount in dispute does not exceed HKD 25,000,000; or (ii) the parties agree; or (iii) in cases of exceptional urgency. Unless the parties agree otherwise, the expedited procedure will not apply to any consolidated proceedings under Art. 28 or to any arbitration commenced on the basis of multiple contracts under Art. 29 (see Art. 41.3). In cases conducted in accordance with the expedited procedure, the award will be made within six months (see Art 41.1(f)). This time limit will only be extended by HKIAC in exceptional circumstances. See flowchart “Expedited HKIAC Arbitration".
19. Art. 23.1 and Schedule 4: if required, urgent interim or conservatory relief may be applied for by any party prior to the constitution of the Tribunal. Unless otherwise agreed by the parties, Art. 23.1 and Schedule 4 will only apply to arbitrations commenced in accordance with an arbitration agreement entered into after 1 November 2013 (see Art. 1.4). See flowchart “Emergency Arbitrator Procedures".
20. Art. 5.6: once the Registration Fee has been paid and the Tribunal confirmed, HKIAC will transmit the case file to the Tribunal.
21. See Art. 13.1. The procedures adopted by the Tribunal must ensure equal treatment of the parties and afford the parties a reasonable opportunity to present their case. The Tribunal may, at any time during the arbitration, allow or require a party to produce documents, exhibits or other evidence that the Tribunal determines to be relevant to the case and material to its outcome (see Art. 22.3).
22. See Art. 13.1. The procedures adopted by the Tribunal must ensure equal treatment of the parties and afford the parties a reasonable opportunity to present their case. The Tribunal may, at any time during the arbitration, allow or require a party to produce documents, exhibits or other evidence that the Tribunal determines to be relevant to the case and material to its outcome (see Art. 22.3).
23. Art. 14.2: unless the parties have agreed otherwise, the Tribunal may meet at any location outside of the seat of arbitration which it considers appropriate for consultation among its members, hearing witnesses, experts or the parties, or the inspection of goods, other property or documents. The arbitration will nonetheless be treated for all purposes as an arbitration conducted at the seat.
24. Art. 24: the Tribunal may make an order requiring a party to provide security for the costs of the arbitration.
25. See Art. 23.
26. Art. 27: the Tribunal has the power to allow an additional party to be joined to the arbitration provided that, prima facie, the additional party is bound by an arbitration agreement under the Rules giving rise to the arbitration. See flowchart “Joining an Additional Party".
27. See Art. 34.1.
28. Art. 13.2: at an early stage of the arbitration and in consultation with the parties, the Tribunal will prepare a provisional timetable for the arbitration. It will be provided to the parties and to HKIAC.
29. Art. 16: unless the Statement of Claim was contained in the Notice of Arbitration (or Claimant elects to treat the Notice of Arbitration as the Statement of Claim), Claimant must communicate its Statement of Claim in writing to all other parties and to each member of the Tribunal within a period of time to be determined by the Tribunal (which should normally not exceed 45 days (see Art. 21)). Claimant must annex to its Statement of Claim all documents on which it relies (see Art. 16.3).
30. Art. 17: unless the Statement of Defence was contained in the Answer to the Notice of Arbitration (or Respondent elects to treat the Answer to the Notice of Arbitration as the Statement of Defence), Respondent must communicate its Statement of Defence in writing to all other parties and to each member of the Tribunal within a period of time to be determined by the Tribunal (which should normally not exceed 45 days (see Art. 21)). Respondent must annex to its Statement of Defence all documents on which it relies (see Art. 17.4).
31. Art. 20: the Tribunal will decide which further written statements, if any, in addition to the Statement of Claim and the Statement of Defence, will be required from the parties or may be presented by them and will set the periods of time for their submission.
32. Art. 22: if requested by a party or if it considers fit, the Tribunal will decide whether to hold oral hearings or whether the arbitration will be conducted on the basis of documents and other materials (see Art. 22.4). If held, hearings will be private, unless the parties agree otherwise (see Art. 22.7).
33. Art. 30.1: when it is satisfied that the parties have had a reasonable opportunity to present their case, the Tribunal will declare the proceedings closed. Thereafter, no further submission or argument may be made, or evidence produced. The Tribunal may re-open the proceedings before the award is made in exceptional circumstances (see Art. 30.2).
34. See Art. 10.3 and Schedule 1. HKIAC and the Tribunal have a lien over any awards issued by the Tribunal to secure the payment of their outstanding fees and expenses, and may accordingly refuse to release any such awards to the parties until all such fees and expenses have been paid in full (see Paragraph 7 of Schedules 2 and 3).
35. Art. 34: awards will be in writing and are final and binding on the parties (see Art. 34.2); by agreeing to the HKIAC Administered Arbitration Rules parties undertake to comply without delay with any award or order of the Tribunal (see Art. 34.3). Any award will state the reasons upon which it is based unless the parties have agreed that no reasons are to be given (see Art. 34.4).