A Guide to the HKIAC Arbitration Rules

by Moser, Michael J; Bao, Chiann

• ISBN13: 9780191817700
• ISBN10: 0191817708
• Format: eBook
• Copyright: 2016-02-15
• Publisher: Oxford University Press

Author Biography

Michael J Moser, HKIAC Honorary Past Chairman, 20 Essex Street, Hong Kong, Singapore, and London,Chiann Bao, HKIAC Secretary-General, Hong Kong International Arbitration Centre

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 and also maintains 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 doing business 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.

Ms Chiann Bao is the Secretary-General of the Hong Kong International Arbitration Centre (HKIAC). As Secretary-General, she functions as the chief executive of the HKIAC and oversees the administration of arbitrations, mediations, adjudications and other forms of dispute resolution proceedings at the HKIAC. She also ensures the HKIAC performs the statutory functions of the HKIAC in appointing arbitrators and mediators, and leads the Secretariat in promoting the use of Hong Kong arbitration and other forms of dispute resolution worldwide. Bao is currently a board member of the Practical Law Company, a member of the International Advisory Board of the Association of Corporate Counsel, Councillor of the International Federation for Commercial Arbitration institutions, and a member of the Editorial Board of Asian Dispute Review. Chiann regularly speaks on international arbitration, with a focus on Asia.

Table of Contents

1. Introduction to Arbitration in Hong Kong
2. The Legal Framework
3. Introduction to HKIAC
4. Model Arbitration Clauses
5. General Provisions of the HKIAC Rules (Articles 1 to 3)
6. Commencement of the Arbitration (Articles 4 and 5, and Schedule 1)
7. The Arbitral Tribunal (Articles 6 to 12, Schedules 2 and 3)
8. Emergency Relief and Interim Measures of Protection (Articles 23 and 24, and Schedule 4)
9. Conduct of Arbitration (Articles 13 to 22, 25, 26, 30, 31)
10. Complex Arbitrations (Articles 27 to 29)
11. Awards and Costs (Articles 32 to 40)
12. Miscellaneous Provisions (Articles 41 to 43)
Appendices
1. Summary of Advantages of Arbitrating in Hong Kong
2. Summary of Advantages of Arbitrating at HKIAC
3. HKIAC Administered Arbitration Rules (2013)
4. HKIAC Practice Notes
5. HKIAC Model Arbitration Clauses
6. HKIAC Procedures for the Administration of Arbitrations under the UNCITRAL Arbitration Rules (2015)
7. Hong Kong Arbitration Ordinance (Cap. 609)
8. Arbitration (Appointment of Arbitrators and Mediators and Decisions on Number of Arbitrators) Rules (Cap. 609C)
9. HKIAC Case Statistics (1992 to 2014)
10. Statistics on Enforcement of Arbitral Awards in Hong Kong (1997 to 2014)
11. Comparison of the HKIAC, UNCITRAL, ICC, LCIA, ICDR, SCC, SIAC, and CIETAC Rules