A Guide to the HKIAC Arbitration Rules (2nd Edition)
A Guide to the HKIAC Arbitration Rules (2nd Edition)
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Abstract
This is the second edition of the detailed commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules, providing practitioners with an insider’s perspective on how the HKIAC Secretariat administers arbitrations under these rules. This practical guide makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize the key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. As well as offering an insider’s perspective, it provides examples of anonymous cases handled at the HKIAC and a discussion of various issues arising from arbitrations involving mainland parties or enforcing arbitration awards in mainland China. The book not only draws from the authors’ many years of experience administering arbitrations under the 2008 and 2013 HKIAC Administered Arbitration Rules but highlights the various changes made in the revised Rules that came into effect in November 2018 benefitting from the authors’ privileged access.
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Front Matter
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1
Introduction to Arbitration in Hong Kong
Michael Moser andChiann Bao
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2
The Legal Arbitration Framework
Michael Moser andChiann Bao
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3
Introduction to HKIAC
Michael Moser andChiann Bao
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4
Model Arbitration Clauses
Michael Moser andChiann Bao
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5
General Provisions (Articles 1–3)
Michael Moser andChiann Bao
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6
Commencement of the Arbitration (Articles 4 and 5, Schedule 1)
Michael Moser andChiann Bao
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7
Arbitral Tribunal (Articles 6–12, Schedules 2 and 3)
Michael Moser andChiann Bao
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8
Emergency Relief and Interim Measures of Protection (Articles 23 and 24, Schedule 4)
Michael Moser andChiann Bao
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9
Conduct of the Arbitration (Articles 13–22, 25–26, 31–32)
Michael Moser andChiann Bao
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10
Complex Arbitrations (Articles 27–30)
Michael Moser andChiann Bao
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11
Awards, Decisions, and Orders of the Arbitral Tribunal (Articles 33–40)
Michael Moser andChiann Bao
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12
Expedited Procedure and Early Determination Procedure (Articles 42–43)
Michael Moser andChiann Bao
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13
Other Provisions (Articles 44–46)
Michael Moser andChiann Bao
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End Matter
- Appendix 1 Summary of Advantages of Arbitrating in Hong Kong
- Appendix 2 Summary of Advantages of Arbitrating at HKIAC
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Appendix 3
Administered Arbitration Rules 2018
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Appendix 4
HKIAC Practice Notes
- Appendix 5 Arbitrator’s Declaration of Acceptance and Statement of Availability, Impartiality, and Independence
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Appendix 6
HKIAC Model Arbitration Clauses
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Appendix 7
Hong Kong International Arbitration Centre Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules
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APPENDIX 8
HKIAC Guidelines on the Use of a Secretary to the Arbitral Tribunal
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Appendix 9
Hong Kong Arbitration Ordinance (Cap 609)
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Appendix 10
Arbitration (Appointment of Arbitrators and Mediators and Decisions on Number of Arbitrators) Rules (Cap 609C)
- Appendix 11 HKIAC Case Statistics
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Appendix 12
Statistics on Enforcement of Arbitral Awards in Hong Kong (2009 to 2020)
- Index
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