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- The Rules cover all aspects of the arbitral process, providing a model arbitration clause, setting out procedural rules regarding the appointment of arbitrators and the conduct of arbitral proceedings, and establishing rules in relation to the form, effect and interpretation of the award.
uncitral.un.org/en/texts/arbitration/contractualtexts/arbitration
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What are the UNCITRAL arbitration rules?
What is a detailed arbitration procedure?
The Court does not itself resolve disputes. It administers the resolution of disputes by arbitral tribunals, in accordance with the Rules of Arbitration of ICC (the “Rules”). The Court is the only body authorized to administer arbitrations under the Rules, including the
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2024年7月9日 · The ICC Arbitration Rules are used all around the world to resolve disputes, administered by the ICC International Court of Arbitration®, the world’s premier arbitral institution. The Rules assure parties of a neutral framework for the resolution of cross-border disputes.
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 their commercial...
- 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
These Rules have been adopted by the Council of the Hong Kong International Arbitration Centre (HKIAC) for use by parties who seek the procedural flexibility and cost effectiveness of an arbitration administered by HKIAC.
2021年1月1日 · The International Chamber of Commerce (« ICC ») has undertaken another revision of its arbitration rules. The 2021 version of the rules (« 2021 Rules ») will apply to arbitration proceedings initiated as of January 1, 2021, irrespective of the date of conclusion of the contract in which the arbitration agreement is included or of the date ...
ARBITRATION UNDER THE ICC 2021 RULES OF ARBITRATION. 26 June 2021 | HKIARB. Ms Pui-Ki Emmanuelle Ta. OVERVIEW. PART I. THE ICC, THE INTERNATIONAL COURT OF ARBITRATION & THE SECRETARIAT. PART II. THE COURT IN NUMBERS. PART III. THE NEW RULES OF ARBITRATION. PART ONE: THE ICC, THE INTERNATIONAL COURT OF ARBITRATION & Click to add text THE SECRETARIAT