Digital rights management drm the publisher has supplied this book in encrypted form, which means that you need to install free software in order to unlock and read it. In 20, hkiac introduced a new, worldclass, set of administered arbitration rules. Please feel free to make use of these model templates, which make. The rules cover all aspects of the arbitral process, providing a model arbitration clause, setting out. This practice note provides an overview of arbitration proceedings pursuant to the hong kong international arbitration centre hkiac administered arbitration rules 20 and identifies some of the key features of those institutional arbitration rules. Comparative chart of international arbitration rules baker mckenzie.
Introductory rules scope of application article 1 1. The uncitral arbitration rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationship and are widely used in ad hoc arbitrations as well as administered arbitrations. Arbitration under the icc arbitration rules is a formal procedure leading to a binding decision from a neutral arbitral tribunal, susceptible to enforcement pursuant to both domestic arbitration laws and international treaties such as the 1958 new york. Rules have come into effect provides for arbitration under the uncitral rules administered by the hkiac, the hkiac shall be the appointing authority and the hkiac secretariat shall invite the parties in such a case to agree to the application of these rules. Comparison of the icc, lcia, scc, cietac, siac, hkiac, and uncitral arbitration rules. Guide to the hkiac arbitration rules, book by michael j. Uncitral model law on international commercial arbitration a model law for adoption as part of domestic legislation states have the flexibility to depart from the text model law designed to work in conjunction with the party autonomy and the arbitration rules. The uncitral rules on transparency in treatybased investorstate arbitration rules on transparency shall apply to investorstate arbitration initiated under the uncitral arbitration rules pursuant to a treaty providing for the pro. Uncitral rules on transparency in treatybased investor. Procedures for the administration of arbitration under the uncitral arbitration rules 2005 the 2005. This booklet contains two discrete but complementary dispute resolution procedures offered by the international chamber of commerce icc.
Under the hkiac administered arbitration rules, updated in 20, the document commencing an arbitration is also called a notice of arbitration rather than a request for arbitration. The revised uncitral arbitration rules have been effective since 15. The revised uncitral arbitration rules have been effective since 15 august 2010. The siac rules 6th edition, 1 august 2016 siac rules 2016 are the primary rules of arbitration at the siac and have come into force on 1 august 2016. In july 20, the united nations commission on international trade law uncitral adopted a package of rules aiming to ensure transparency in investorstate arbitration the rules on transparency, ratifying the work done by delegations to uncitralcomprised of 55 member states, additional observer. Chiann bao this is the first detailed commentary on the hong kong international arbitration centre hkiac administered arbitration rules providing practitioners with an insiders perspective on how the hkiac. Comparison of the cietac, hkiac, siac and uncitral arbitration rules cietac arbitration rules 2012 hkiac administered arbitration rules 20 siac arbitration rules 20 uncitral arbitration rules 2010. The 2018 hkiac administered arbitration rules are set out in full below. But with the new reality of travel restrictions, shelter in place orders, remote work, and restrictions on gathering, in person hearings, especially among persons from different nations, may not be feasible, at least in the short term, and maybe longer. These procedures have been adopted by the council of the hong kong international arbitration centre hkiac for use by parties who seek the benefits of an administered arbitration while maintaining the flexibility afforded by the 1976 or 2010 version of the uncitral arbitration rules with or without paragraph 4 of. A number of institutional arbitration rules are based on the uncitral model law, or permit the parties to opt for the application of the uncitral.
Comparison of icc arbitration rules with other int. Awarding costs in international commercial arbitration. A guide to the hkiac arbitration rules in searchworks catalog. The hong kong international arbitration centre hkiac is a leading international arbitration institution and a major centre for dispute resolution in the greater china region. This is the first detailed commentary on the hong kong international arbitration centre hkiac administered arbitration rules, providing practitioners with an insiders perspective on how the hkiac secretariat administers arbitrations under these rules. Hkiac 20the hkiac administered arbitration rules practice notes. In spite of the mentionedabove limitation, costs and their allocation in international arbitration is a broad and manyfaceted topic. The arbitration rules are those of 2012, as amended in 2017. In accordance with the preamble to these rules, paragraph 1, arbitrations commenced after the commencement date of these rules relating to existing contracts which refer to arbitration under the domestic arbitration rules will be resolved under the hkiac domestic arbitration rules 2014.
The rules were first developed by the royal institution of chartered surveyors hong. Key international arbitration rules element usa europe far east middle east international icdr rules 2014 jams international arbitration rules 2016 lcia rules 2014 icc rules 2017 scc rules 2017 hkiac rules 20 siac rules 2016 diac rules 2007 difclcia rules 2016 uncitral rules 20 jurisdictional challenges the tribunal has the article 19. Arbitration rules acica primarily administers arbitration cases in accordance with the acica arbitration rules 2016 and acica expedited arbitration rules 2016, which came into effect on 1 january 2016. Crossing borders international arbitration insights appendix 3. Jan 24, 2019 in august 2017, the hong kong international arbitration centre hkiac launched a rules revision process to consider amendments to the 20 hkiac administered arbitration rules 20 rules, having regard to the latest trends in international arbitration, feedback from users and hkiacs past case management experience. Uncitral rules on transparency in treatybased investorstate. The impact of covid19 on international arbitration hearings. This is the first detailed commentary on the hong kong international arbitration centre hkiac administered arbitration rules providing practitioners with an insiders perspective on how the hkiac secretariat administers arbitrations under these rules. The applicable version of the uncitral rules, with such modifications as noted herein, shall be the rules for any arbitration conducted under these procedures. In 2010, the uncitral arbitration rules were revised in order to meet changes in arbitral practice since their initial promulgation. A guide to the hkiac arbitration rules legal outlet.
Any dispute, controversy, difference or claim arising out of or relating to this. A guide to the hkiac arbitration rules oxford university. Usa europe far east middle east international element jams. Uncitral model law on international commercial arbitration. Gives an insiders perspective on how the hkiac secretariat administers arbitrations under the hkiac administered arbitration rules. Introduction to international commercial arbitration. Parties to a contract who wish to have any future disputes referred to arbitration under the hkiac administered arbitration rules may insert in the contract an arbitration clause in the following form. Application these rules may be adopted in a written agreement at any. Rules nor a request by the parties or the arbitral tribunal for specific and. Commercial arbitration as adopted on 21 june 1985 and as amended on 7 july 2006. Hong kong international arbitration centre hkiac world. Article 4 of the hkiac administered arbitration rules provides the requirements for a. Responses to the uncitral questionnaire on expedited arbitration.
Procedures for the administration of international. Relevant supporting documents are appended, including recommended hkiac arbitration clauses. The hong kong international arbitration centre is one of the worlds most sophisticated arbitration institutions, with a continuously growing. Jams international arbitration rules international arbitration rules and procedures. A guide to the hkiac arbitration rules book, 2017 worldcat. Procedures for arbitration under the uncitral arbitration. Uncitral model law on international commercial arbitration a model law for adoption as part of domestic legislation states have the flexibility to depart from the text model law designed to work in conjunction with the party autonomy and the arbitration rules unless the parties have agreed otherwise. Model clause provides parties with suggested language to include for their arbitration to be conducted under the uncitral rules and administered by siac.
A guide to the hkiac arbitration rules kindle edition by. Comparative chart of international arbitration rules lcia rules 2014 icc rules 2012 scc rules 2010 cietac rules 2014 siac rules 2016 hkiac rules 20 uncitral ad hoc rules 20 deemed start date of arbitration articles 1. A guide to the hkiac arbitration rules by michael j moser. Relevant supporting documents are appended including recommended hkiac arbitration clauses, hkiac administered arbitration rules 20, uncitral arbitration rules 2010 and hong kong arbitration ordinance. A guide to the hkiac arbitration rules michael j moser. Hkiac is one of the worlds most sophisticated arbitration institutions, which established a set of administered arbitration rules in 2008. Our rules in this section, we provide you with the text of rules under which you can carry on an arbitration at siac. These rules have been adopted by the council of the hong kong international arbitration centre hkiac for use by parties who seek the formality and convenience of an administered arbitration. The hkiac procedures for the administration of international arbitration are designed for use by parties who seek the benefits of an administered arbitration while maintaining the flexibility afforded by the 1976 or 2010 version of the uncitral arbitration rules with or without paragraph 4 of article 1 as introduced in 20. Uncitral arbitration rules united nations commission on. Guide to the hkiac arbitration rules ebok michael j.
Article 4 of the hkiac administered arbitration rules provides the requirements for a notice of arbitration. View the iba guidelines for drafting international arbitration clauses in pdf format. If the parties have specifically agreed to the application of an earlier edition of the. A guide to the hkiac arbitration rules oxford university press. On its website, uncitral explains the difference as follows. Therefore, in 2005 the hkiac issued special set of rules aimed at the administration of arbitration disputes under the uncitral rules. Uncitral arbitration rules as revised in 2010 section i. Hkiac domestic arbitration rules 2014 2012 1993 other hkiac rules. Responses to the uncitral questionnaire on expedited. The hong kong international arbitration centre hkiac has introduced the new hkiac procedures for the administration of arbitration under the uncitral arbitration rules the new procedures, effective as of january 1, 2015.
Arbitration rules of the singapore international arbitration centre siac rules 6 th edition, 1 august 2016 2. Practice note on costs of arbitration schedule 2 effective 11 march 2019. The new hkiac arbitration rules and how they compare to other. International arbitration often equals international travel for both counsel, witnesses, and arbitrators. Expedited procedure under icc, siac, and hkiac rules. We are a recognized leader in crossborder mediations and arbitrations, with resources wherever you. A guide to the hkiac arbitration rules michael j moser, chiann bao on. View the hkiac short form arbitration rules in pdf format. Arbitration under the hkiac administered arbitration rules.
The hkiac was established in 1985 with the aim of promoting arbitration and other forms of dispute resolution in hong kong. The only detailed commentary on the hkiac administered arbitration rules. Comparative chart of international arbitration rules home arbitration procedure comparison of the icc, lcia, scc, cietac, siac, hkiac, and uncitral. The impact of covid19 on international arbitration. The siac rules 2016 supersede the siac rules 5th edition, 1 april 20, siac rules 4th edition, 1 july 2010 and siac rules 3rd edition, 1 july 2007. These rules supersede the 2011 and 2005 editions of the acica rules. These rules have been adopted by the council of the hong kong international arbitration centre hkiac for use by parties who seek the procedural flexibility and costeffectiveness of an arbitration administered by hkiac. Parties to an ad hoc arbitration may adopt the uncitral rules of arbitration or other rules agreed or drawn up by themselves. These procedures have been adopted by the council of the hong kong international arbitration centre hkiac for use by parties who seek the benefits of an administered arbitration while maintaining the flexibility afforded by the 1976 or 2010 version of the uncitral.
Hkiac case no 18117 final international arbitration. The uncitral model law provides a pattern that lawmakers in national governments can adopt as part of their domestic legislation on. No aspect of hkiac arbitration is left unexamined, and the guide stands alone as a comprehensive exposition of hkiac arbitration. The hkiac is also frequently used as the administrative authority in arbitral proceedings conducted under uncitral arbitration rules.
Note that there is a difference between the uncitral model law on international commercial arbitration 1985 and the uncitral arbitration rules. Arbitration rules of the singapore international arbitration. These rules have been adopted by the council of the hong kong international arbitration centre hkiac for use by parties who seek the procedural flexibility and cost effectiveness of an arbitration administered by hkiac. Hkiac small claims and documents only procedures practice notes. Hkiac rules, as well as arbitrations administered by the hkiac under the uncitral arbitration rules, and other relevant rules that bring a matter under the hkiacs auspices. Unless otherwise agreed by the parties, hkiac shall perform the functions of the appointing authority as set out in the uncitral rules. The new procedures provide one system that conforms with all versions of the uncitral arbitration rules, superseding the hkiacs previous procedures for the administration of arbitrations under the uncitral arbitration rules. The mediation rules, in force from 2014, reflect modern practice and set clear parameters for the conduct of proceedings. Preamble where any agreement, submission or reference howsoever made or evidenced in writing whether signed or not provides in whatsoever manner for arbitration under the rules of or by the lcia, the london court of international arbitration, the london court of arbitration or the london court, the parties thereto shall be taken to have. Uncitral arbitration rules the new procedures, effective as of january 1, 2015. Singapore international arbitration centre our rules. Thats why thousands of attorneys and their clients turn to jams. Resolving international disputes demands special skills, experience and cultural sensitivity. By agreeing to arbitration under the rules, the parties agree that this article 30 and the expedited procedure rules set forth in appendix vi collectively the expedited procedure provisions shall take precedence over any contrary terms of the arbitration agreement article 30 of the icc rules, in force as from 1 march 2017.
A guide to the hkiac arbitration rules michael j moser and chiann bao. This book provides a detailed commentary on the hong kong international arbitration centre hkiac administered arbitration rules providing practitioners with an insiders perspective on how the hkiac secretariat administers arbitrations under these rules. Comparative chart of international arbitration rules. These rules assure parties of a neutral framework for the resolution of. Comparative chart of international arbitration rules lcia rules 2014 icc rules 2012 scc rules 2010 cietac rules 2014 siac rules 20 hkiac rules 20 uncitral ad hoc rules 20 deemed start date of arbitration articles 1. A guide to the hkiac arbitration rules by moser, michael j. The aceris international arbitration law firm has provided model answers to requests for arbitration and responses to notices of arbitration under the icc, lcia, diac, siac, hkiac and uncitral arbitration rules, which are freely available below in both pdf and word format.
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