A Guide to the HKIAC Arbitration Rules

by Moser, Michael J; Bao, Chiann

• ISBN13: 9780198712251
• ISBN10: 0198712251
• Format: Hardcover
• Copyright: 2017-04-16
• 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 and Background
2. Scope and Definitions (Art. 1 - 3)
3. Jurisdiction - General Provisions (Art. 4-6)
4. Special Jurisdiction (Art. 7 and 8)
5. Jurisdiction in Matters Relating to Insurance
6. Jurisdiction over Consumer Contracts
7. Jurisdiction over Individual Contracts of Employment
8. Exclusive Jurisdiction
9. Choice of Court Agreements
10. Examination as to Jurisdiction and Admissibility
11. Lis Pendens and Related Actions
12. Provisional, Including Protective Measures
13. Recognition
14. Enforcement
15. Refusal of Recognition
16. Refusal of Enforcement
17. Authentic Instruments and Court Settlements
18. General Provisions
19. Transitional Provisions
20. Relationship with other Instruments
21. Final Provisions
Appendices
1. The Regulation: English, French and German language versions
2. List of Conventions
3. Preparatory materials (including Commission Proposal and Explanatory Memorandum, Report of European Parliament's Justice and Home Affairs Committee)