Arbitration awards are enforceable in over 150 countries around the world due to the application of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention)
Introduction
- Institutional Arbitration
- Ad Hoc Arbitration
- Domestic Arbitration
- Practice Notes
- Arbitration under the HKIAC Administered Arbitration Rules
- Scope and Definitions
- Jurisdiction – General Provisions
- Special Jurisdiction
- Jurisdiction in Matters Relating to Insurance
- Jurisdiction over Consumer Contracts
- Jurisdiction over Individual Contracts of Employment
- Exclusive Jurisdiction
- Choice of Court Agreements
- Examination as to Jurisdiction and Admissibility
- Lis Pendens and Related Actions
- Provisional, Including Protective Measures
- Recognition
- Enforcement
- Refusal of Recognition
- Refusal of Enforcement
- Authentic Instruments and Court Settlements
- General Provisions
- Transitional Provisions
- Relationship with other Instruments
- Final Provisions
Model Clauses
Standard arbitration clause
“Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The law of this arbitration clause shall be … (Hong Kong law). *
The seat of arbitration shall be … (Hong Kong).
The number of arbitrators shall be … (one or three). The arbitration proceedings shall be conducted in … (insert language).”
The non-availability arbitration clause in an existing dispute for reference
“We, the undersigned, agree to refer to arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to:
(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise).
The law of this arbitration agreement shall be … (Hong Kong law).
The seat of arbitration shall be … (Hong Kong).
The number of arbitrators shall be … (one or three). The arbitration proceedings shall be conducted in … (insert language). *
Signed: _________ (Claimant)
Signed: _________ (Respondent)
Date: _________”
Arbitration administered by HKIAC under the UNCITRAL Rules
“Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules.
The law of this arbitration clause shall be … (Hong Kong law). *
The place of arbitration shall be … (Hong Kong).
The number of arbitrators shall be … (one or three). The arbitration proceedings shall be conducted in … (insert language).”
Ad hoc arbitration under the UNCITRAL Rules
“Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted.
The law of this arbitration clause shall be … (Hong Kong law).
The appointing authority shall be … (Hong Kong International Arbitration Centre).
The place of arbitration shall be … (Hong Kong).
The number of arbitrators shall be … (one or three). The arbitration proceedings shall be conducted in … (insert language).
Domestic Arbitration under the HKIAC Domestic Arbitration Rules
“Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration pursuant to the HKIAC Domestic Arbitration Rules in force when the Notice of Arbitration is submitted.
The law of this arbitration clause shall be … (Hong Kong law).
The seat of arbitration shall be … (Hong Kong).
The number of arbitrators shall be … (one or three). The arbitration proceedings shall be conducted in … (insert language).”
Cost of arbitration: Hong Kong International Arbitration Centre
Data Date: December 2017
| Median | Mean | |
| Duration of Arbitration | 14.3 months | 16.2 months |
| Costs of Arbitration (US$) | 62,537 | 117,045 |