28 Oct 2019

HKIAC Announced Amendments to the Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrator) Rules

ISSUING AUTHORITIES:
Government of the Hong Kong SAR; and
Hong Kong International Arbitration Centre

DATE OF ISSUANCE
August 1, 2019

EFFECTIVE DATE:
August 1, 2019

On August 1, 2019, the Hong Kong International Arbitration Centre (HKIAC) announced amendments to the Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrator) Rules (“Amended Rules”), which came into effect on the same day.

As the default statutory appointing authority for ad hoc arbitrations seated in Hong Kong, HKIAC determines the number of arbitrators and appoints arbitrators or mediators under the Arbitration Ordinance. HKIAC will charge a one-off fee of HK$8,000 to the party submitting the first request for performing the above functions in an arbitration in which the total amount in dispute is less than HK$2,500,000. The Amended Rules allow HKIAC to waive such fees if it considers reasonable in any particular case.

The Amended Rules include other amendments as to the delivery of request by a party for HKIAC’s decision or appointment, the time limits for parties to provide information before such decision or appointment, and HKIAC’s discretion to make decision or appointment after the expiration of a time limit.

The Amended Rules reflect HKIAC’s commitment to provide cost-effective assistance to facilitate efficient conduct of Hong Kong-seated arbitrations, and to strengthen Hong Kong’s status as a leading centre for international dispute resolution services.

Reference:
Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrators) Rules, Cap. 609C, Laws of Hong Kong (https://www.elegislation.gov.hk/hk/cap609C);
Arbitration Ordinance, Cap. 609, Laws of Hong Kong (https://www.elegislation.gov.hk/hk/cap609)

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