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Arbitration Ordinance, Chapter 609
- Arbitration in Hong Kong is governed by the Arbitration Ordinance, Chapter 609 of the Laws of Hong Kong (the Current Ordinance). The Current Ordinance is based on a split regime - an international regime, which is based on the UNCITRAL Model Law, and a domestic regime.
www.clic.org.hk/en/topics/ADR/Arbitration/arbitrationTribunalC. The Arbitration Tribunal | Community Legal Information Centre (CLIC)
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What if a party agrees to arbitrate in Hong Kong?
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Which arbitration rules are used at the HKIAC?
2010年8月15日 · The original UNCITRAL Arbitration Rules were adopted in 1976 and have been used for the settlement of a broad range of disputes, including disputes between private commercial parties where no arbitral institution is involved, investor-State disputes, State-to-State disputes and commercial disputes administered by arbitral institutions.
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- 联合国国际贸易法委员会仲裁规则
- The Arbitration Agreement
- The Governing Law of The Dispute
- The Award
31. Is it necessary to have an arbitration agreement?
Yes. As arbitration is a consensual process, an arbitrator has no power to determine a dispute unless the parties have agreed to this and the requirements of the arbitration agreement have been complied with. 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. back to top
32. What effect does an arbitration agreement have?
An arbitration agreement provides the basis for an arbitrator's jurisdiction. An arbitrator will not entertain a request for arbitration in the absence of an arbitration agreement. The parties may also modify or supplement the applicable arbitration rules by express provision in the arbitration agreement. back to top
33. Can an arbitration agreement cover claims in tort, as well as contract?
Yes. An arbitration agreement is usually drafted to include claims arising "out of or in connection with" a particular contract. This wording is broad enough to cover tort claims (such as misrepresentation) that relate to the parties' transaction, and generally enables related tort and contract claims to be determined together by the arbitral tribunal. back to top
44. If a contract provides for arbitration in Hong Kong, must it also be governed by Hong Kong law?
No. The governing law of the contract need not follow the place of the arbitration. back to top
45. Does the tribunal apply Hong Kong law or the governing law of the contract?
The tribunal will apply the governing law of the contract to determine the substantive issues in a contract claim. (Procedural issues are, however, governed by the Arbitration Ordinance and the applicable arbitration rules.) If the contract is governed by a foreign law and the tribunal has no expertise of that legal system, the parties will be required to call expert evidence to establish the applicable principles of the foreign law. back to top
46. What if the contract does not state its governing law?
If the contract is silent as to its governing law, the tribunal will be required to determine what its governing law is (typically as a preliminary issue). This will be the law of the jurisdiction with which the contract has the closest connection. If the contract provides for arbitration in Hong Kong, this may be a factor in favour of the tribunal applying Hong Kong law as the governing law of the contract. back to top
83. What remedies may an arbitral tribunal grant?
A tribunal has power to grant any remedy that may be granted by the Hong Kong courts, except to make any order that is binding on non-parties to the arbitration. back to top
84. What is the time limit for making an award?
There is no specified time limit. An arbitrator who fails to issue his award in a timely manner may be removed by the court. back to top
85. Does the tribunal have the power to award interest?
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. Once made, simple interest accrues on the award at the same rates as are payable on Hong Kong court judgments. back to top
本规则可在争议发生前或之后的任何时间订立的书面协议中约定适用，并且可以适用于基于合同或条约项下的本地和国际仲裁。 本规则的适用范围见规则第1条。 生效. 本规则自2018年11月1日起生效。 示范条款. 1.
1. Short title 1-2 2. Interpretation 1-2 3. Object and principles of this Ordinance 1-8 4. UNCITRAL Model Law to have force of law in Hong Kong 98K. 3DUWLFXODUFRPPRQODZR uHQFHVGRQRWDSSO\ 10A-10 98L. 3DUWLFXODUWRUWGRHVQRWDSSO\ 10A
2020年2月11日 · The parties are deemed to have agreed to arbitrate in Hong Kong, applying the Arbitration Rules of the United Nations Commission on International Trade Law (“UNCITRAL Arbitration Rules”) currently applicable at the time of the Notice of Arbitration.
The UNCITRAL Arbitration Rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of...
“HKIAC” (香港國際仲裁中心) means the Hong Kong International Arbitration Centre, a company incorporated in Hong Kong under the Companies Ordinance (Cap. 32) and limited by guarantee; “interim measure” (臨時措施)— (a) if it is granted by an arbitral
uncitral arbitration rules hong kong 相關
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