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What is the time limit for challenging an arbitrator? Once made, simple interest accrues on the award at the same rates as are payable on Hong Kong court judgments. An arbitration agreement is usually drafted to include claims arising "out of or in connection with" a particular contract. Are arbitral awards made in Mainland China enforceable under the New York Convention?97. The claimant may then file a reply (to respond to matters raised in the defence) and a defence to the counterclaim. Can hearings be held outside the place of the arbitration? 31. Does the HKIAC have its own arbitration rules? 99. Is arbitration cheaper than litigation? Thomas Walsh specialises in international arbitration.Thomas co-leads the firm's Greater China international arbitration practice and is the head of its Korean disputes practice. We represent members in more than 170 counties across the world. Security for costs is awarded less commonly in arbitration than in litigation. Arbitration Chambers is a leading set of independent arbitrators, with offices in Hong Kong, London and New York. Does the HKIAC administer arbitration proceedings?20. What is the significance of the place of the arbitration?43. No. 91. Critical Design Features for Effective Carbon Pricing A Business Perspective, 2022 ICC Trade Register report: Global risks in trade finance, Services for small business and entrepreneurship, 2021 Arbitration Rules and 2014 Mediation Rules. Yes. 63. The tribunal may expedite the hearing by holding separate hearings for discrete issues, including preliminary issues such as jurisdiction or splitting the hearing into liability and quantum phases. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. 54. What remedies may an arbitral tribunal grant?84. 2. In 1990, Hong Kong adopted the Model Law to apply to international arbitrations. It may order that submissions or witness evidence be given in writing, rather than orally, or it may impose strict time limits upon the parties' oral submissions. Kim M. Rooney - Gilt Chambers Instead, we administer arbitrations by exercising judicial supervision of arbitration proceedings. 37. How is the governing law determined for tort claims? TheInternational Court of Arbitration is the worlds leading arbitral institution. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Unlike in litigation, security for costs may not be ordered simply on the ground that the claimant is resident outside Hong Kong. The purpose of requiring a claimant to provide security for costs is to ensure that a defendant is not left out of pocket if the claimant is unsuccessful and is ordered to pay the respondent's costs. Does the tribunal apply Hong Kong law or the governing law of the contract?46. 59. 34. What are the potential disadvantages of arbitration? Alexis Mourre, President of ICC International Court of Arbitration said: This development will further increase the attractiveness of ICC Arbitration in cases involving Chinese parties.. Are the arbitrators required to be independent of the parties? What powers does the tribunal have with respect to costs?87. Arbitration Panels Research, Publications & Lectures Professional Activities and Qualifications Languages Nationality "on top of the list of nominees for arbitrator for commercial, financial, investment and shareholder disputes" Qualifications Principal Areas of Practice Admitted Employment History Nominations as Arbitrator Experience in Practice Is it necessary to have an arbitration agreement?32. In Hong Kong, parties may expressly agree in the arbitration agreement that award may be appealed in limited circumstances on the grounds that an arbitrator has made an error of law or has committed misconduct. As a result, arbitration may not be ideal where a party hopes to set a precedent in one case that it can use against other parties in future. Can an arbitration agreement cover claims in tort, as well as contract?34. Can either party challenge the appointment of an arbitrator?56. It has been adopted (or adapted) in numerous jurisdictions around the world. At the beginning of the arbitration process, the parties will set out their cases in writing, so that the issues in dispute can be identified. Issues, Opportunities and Rewards for Parties and Their Lawyers: The New Arbitration Funding Landscape in Hong Kong: . There is no specified time limit. How are awards made in Hong Kong enforced in other states? Must arbitrations conducted in Hong Kong be administered by the HKIAC?21. Does the New York Convention apply to Hong Kong?94. If a tribunal fails to do, its award may be at risk of being set aside for failing to give the parties sufficient opportunity to present their cases. Dentons Hong Kong - Keith Brandt The tribunal will apply the governing law of the contract to determine the substantive issues in a contract claim. A three-arbitrator tribunal will result in higher arbitration costs and may make it difficult to schedule hearings at short notice. (updated 2019 to include eUCP2.0), ICC Banking Commission Opinions In 2023, were celebrating 100 years of the ICC International Court of Arbitration, the worlds leading arbitral institution. The Hong Kong Court of Final Appeal confirmed the approach for 69. There should also be a clear agreement to submit the dispute to arbitration. Hong Kong Arbitration 100 Questions & Answers Written by Dr Michael J Moser, Honorary Chairman, HKIAC and Teresa Cheng, SC, Chairperson, HKIAC . How is the governing law determined for tort claims? Unlike courts, however, arbitrators generally do not have power to issue default or summary judgment in simple cases where there is no real issue to be determined, and are generally required to hold a hearing of the claim. Subject to any challenge procedure agreed by the parties, a party who intends to challenge an arbitrator must provide the tribunal with a written statement of the grounds of its challenge within 15 days after becoming aware of the constitution of the tribunal or becoming aware that grounds for challenge exist. Hong Kong - HKIAC And ICC Take Steps To Tackle Costs And Delay In 90. Arbitration awards can be enforced internationally more easily than court judgments. from January 2021 to July 2023 What language should be chosen to conduct the arbitration proceedings in? By determining the question of liability before proceeding to consider the question of damages, the tribunal seeks to avoid the cost to the parties of obtaining such expert evidence in the event that the respondent is found not to be liable. Yes. We won't set optional cookies unless you enable them. Consolidation of arbitrations Whereas Article 10 of 2017 ICC Rules contemplates the consolidation of arbitrations when "all of the claims in the arbitrations are made under the same arbitration agreement", the new Article 10 of the 2021 Rules refers to "the same arbitration or agreements". How may an arbitration award made in Hong Kong be challenged? Can either party challenge the appointment of an arbitrator? Arbitration ICC Note on Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in Aid of ICC Arbitrations seated in Hong Kong and Administered by the Secretariat Asia Office 6 December 2019 It must be made in writing or evidenced in writing. What is litigation privilege?72. Using this tool will set a cookie on your device to remember your preferences. 97. 98. A court may, however, decline to make such an order if the application would be more appropriately dealt with by the arbitral tribunal. Must arbitrations in Hong Kong be conducted under the HKIAC's arbitration rules?23. Where the respondent fails to participate in the arbitration proceedings, the arbitrator is required to conduct the arbitral proceedings either by an oral hearing, if so requested by the claimant, or on the papers, to ensure that the claimant has proved its case. Again, because of its procedural flexibility, it is generally possible to conduct arbitration proceedings more quickly than litigation. In complex commercial disputes, the assessment of damages often requires the parties to lead detailed expert accounting evidence. International Standard Demand Guarantee Practice (ISDGP) for URDG758. 95. The tribunal has power to award simple or compound interest on the principal sum at such rate as it considers appropriate up to the date of the award. Must the parties retain Hong Kong legal counsel in a Hong Kong arbitration? 3. The parties may agree to arbitrate before a dispute arises (most commonly by an arbitration clause in a contract), or after a dispute has arisen. Arbitration procedure is generally less formal, and there are no restrictions on who may represent parties in an arbitration. 50. How are awards made in non-New York Convention jurisdictions enforced in Hong Kong? A mediation settlement takes effect as an agreement, rather than as an immediately enforceable award. If no agreement is reached, the party whose costs are to be paid submits its bill of costs to court for "taxation". The Arbitration Agreement Do the rules of evidence apply in arbitration proceedings? 16. An arbitrator is required (i) to facilitate the fair and speedy resolution of disputes without unnecessary expense, (ii) to act fairly and impartially between the parties, (iii) to give the parties a reasonable opportunity to present their cases and (iv) to adopt procedures appropriate to the circumstances of the particular case to avoid unnecessary delay and expense. Where can I find more information on arbitration in Hong Kong? What rules govern arbitration proceedings in Hong Kong?26. The UNCITRAL Arbitration Rules are recommended by the HKIAC for use in international arbitrations in Hong Kong. "Without prejudice" privilege may only be waived on the agreement of both parties. Institutional arbitration has the benefit of ensuring that the proceedings are administered in an orderly manner. In each case, the mediator may later act as arbitrator, though he is required to disclose any confidential information that he may have obtained from either party. Arbitration is a consensual dispute resolution process where the parties agree to submit their disputes to be finally resolved by an arbitrator, whose award will be binding. A mediator's role is to attempt to bring the parties to a mutually accepted settlement. 79. Reporter: Suraj Sajnani (King & Wood Mallesons, Hong Kong) As section of Hong Kong Arbitration Week 2018, the International Chamber in Commerce (ICC) and ICC-Hong Kong maintained a two-part seminar on 29 October: Part 1 set focus on offering a global, regional and Hong Kong-specific update on ICC arbitration, and Part 2 saw an interactive chat amongst specialist from the . The International Court of Arbitration of the International Chamber of Commerce - Asia Office has been announced as the institution qualified for interim measure applications under the Arrangement between the Hong Kong SAR Government and the Supreme People's Court. He has more than 37 years' experience in heavyweight dispute resolution, including high court/commercial court litigation, domestic and international arbitration, expert determinations, alternative dispute resolution, and mediations with particular focus on the energy, construction and . The process by which the parties to a dispute are required to disclose and allow inspection of their documents relevant to the matters in dispute is known as discovery. 20. (Procedural issues are, however, governed by the Arbitration Ordinance and the applicable arbitration rules.) Unlike court proceedings, there is no automatic right to wide-ranging discovery. Centenary of the ICC Court Court Members Observers Court Alumni We cordially invite companies and business associations in sympathy with ICC's aims and objects to join to benefit from the opportunities and expertise derived from being associated with the ICC and ICC-HK. What if the claim settles before an award is made? An arbitrator or potential arbitrator must disclose any circumstances that may give rise to a reasonable doubt as to his or her neutrality or independence. What discovery is ordered?69. Where the parties to an arbitration enter into a settlement agreement, the agreement may be enforced with permission of the court, in the same manner as an award. A party may also seek to clarify the matters in dispute by requesting the other party to clarify or provide particulars of matters set out in its pleadings. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. What happens if the parties agree to conduct the arbitration in two languages? If the parties adopt a strongly adversarial approach, however, arbitration proceedings can be as expensive as litigation. 85. . Arbitrations conducted in Hong Kong are governed by the Arbitration Ordinance, which provides the basic legal framework. Yes. Critical Design Features for Effective Carbon Pricing A Business Perspective, 2022 ICC Trade Register report: Global risks in trade finance, Services for small business and entrepreneurship, 2021 Arbitration Rules and 2014 Mediation Rules. A three-arbitrator panel is more appropriate for complex or technical disputes, and in cases where the parties are from jurisdictions with different legal systems or commercial customs. The arbitrator will usually order discovery, although it is not mandatory. How is arbitration different from expert determination?4. What are the history, structure and role of the Hong Kong International Arbitration Centre?18. What powers can a court exercise in support of an arbitration? This remedy is only available to certain Hong-Kong seated arbitrations, including those administered by dispute resolution institutions or permanent offices set up in Hong Kong which satisfy certain criteria set by the Hong Kong Government. The New York Convention was first applied to Hong Kong in 1977 by the government of the United Kingdom. 32. Expert witnesses may be used in arbitration in much the same way as in litigation. What matters should be dealt with in an arbitration agreement?37. What if the contract does not state its governing law? Hong Kong Arbitration FAQs | HKIAC How are mainland awards enforced in Hong Kong?98. How is arbitration different from expert determination?