A Guide to the HKIAC Arbitration Rules by Michael J Moser, Chiann Bao – Edition 2022

Description

The Hong Kong International Arbitration Centre (HKIAC) is one of the world’s most highly sophisticated arbitration institutions, with a continuously growing annual caseload. Now in its second edition, this detailed commentary with its insider’s perspective has firmly established itself as the leading, authoritative guide to the HKIAC Administered Arbitration Rules.

The text has been updated to capture over 1,000 new cases since 2017. It begins with an introduction to the HKIAC, including a history with statistics and details of other services provided by the HKIAC. The commentary then examines each article of the Rules in depth, drawing on the authors’ years of experience administering arbitrations under earlier HKIAC Administered Arbitration Rules (2008 & 2013), and highlighting changes introduced by the 2018 Rules, including provisions on online dispute resolution, the use of technology for the determination of the arbitral process, use of alternative dispute resolution techniques, early determination of proceedings, and concurrent proceedings.

Offering practical guidance, the book makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. Benefiting from the authors’ previous experience with the HKIAC and with the support of the HKIAC Secretariat and other members of the HKIAC Rules Revision Committee, the book examines examples of anonymised cases handled at the HKIAC, and also discusses various issues arising from arbitrations involving mainland parties or enforcing arbitration awards in mainland China. In particular, the book details HKIAC’s experience in handling applications under the new Interim Measures Arrangement between Mainland China and Hong Kong.

The appendices include relevant supporting documents including recommended HKIAC Arbitration Clauses, the HKIAC Administered Arbitration Rules (2018), the UNCITRAL Arbitration Rules 2010, the amended Hong Kong Arbitration Ordinance, and updated practice notes and statistics.

Table of Contents