A Guide to the HKIAC Arbitration Rules

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Michael J Moser (Arbitrator, Arbitrator, 20 Essex Street) Chiann Bao (Arbitrator, Arbitrator, Arbitration Chambers)

A Guide to the HKIAC Arbitration Rules

Michael J Moser (Arbitrator, Arbitrator, 20 Essex Street), Chiann Bao (Arbitrator, Arbitrator, Arbitration Chambers)

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English

Oxford University Press
14 June 2022

International arbitration; Civil procedure, litigation & dispute resolution; Arbitration, mediation & alternative dispute resolution

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.

By: Michael J Moser (Arbitrator Arbitrator 20 Essex Street), Chiann Bao (Arbitrator, Arbitrator, Arbitration Chambers)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 250mm, Width: 174mm, Spine: 37mm
Weight: 1.194kg
ISBN: 9780198853169
ISBN 10: 0198853165
Pages: 608
Publication Date: 14 June 2022
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction to Arbitration in Hong Kong 2: The Legal Arbitration Framework 3: Introduction to HKIAC 4: Model Arbitration Clauses 5: General Provisions of the HKIAC Rules 6: Commencement of the Arbitration 7: Arbitral Tribunal 8: Emergency Relief and Interim Measures of Protection 9: Conduct of the Arbitration 10: Complex Arbitrations 11: Awards, Decisions, and Orders of the Arbitral Tribunal 12: Expedited and Early Determination Procedure 13: Other Provisions Appendix 1: Summary of Advantages of Arbitrating in Hong Kong Appendix 2: Summary of Advantages of Arbitrating at HKIAC Appendix 3: Administered Arbitration Rules 2018 Appendix 4: HKIAC Practice Notes Appendix 5: Arbitrator's Declaration of Acceptance and Statement of Availability, Impartiality, and Independence Appendix 6: HKIAC Model Arbitration Clauses Appendix 7: HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules Appendix 8: HKIAC Guidelines on the Use of a Secretary to the Arbitral Appendix 9: Hong Kong Arbitration Ordinance Appendix 10: Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrators) Rules Appendix 11: HKIAC Case Statistics Appendix 12: Statistics on Enforcement of Arbitral Awards in Hong Kong

Dr Michael J Moser is an international arbitrator, mediator, and attorney-at-law. He is currently an arbitrator member of 20 Essex Street Chambers in London, also maintaining offices in Hong Kong and Beijing. He is Honorary Past Chairman of the Hong Kong International Arbitration Centre, Vice President of APRAG, a past Court Member of the London Court of International Arbitration, and a Board Member of the Arbitration Institute of the Stockholm Chamber of Commerce. Dr Moser has been advising foreign clients in the Asia-Pacific region and the People's Republic of China since 1980. He was the first foreign national to be appointed as an arbitrator in China. Chiann Bao is an international arbitrator at Arbitration Chambers, with offices in Hong Kong, London and New York. From 2010 to 2016, she served as the Secretary General of the HKIAC and was subsequently appointed as a Council Member of the HKIAC. She is currently Vice President of the ICC Court of Arbitration, Chair of the ICC Commission's Task Force on ADR and Arbitration and Vice Chair of the IBA Arbitration Committee. She is an honorary senior fellow at the British Institute of International and Comparative Law, a fellow of the Chartered Institute of Arbitrators, and a CEDR-accredited mediator.