搜尋結果
- HKIAC provides administrative support for ad hoc arbitrations in addition to administering arbitrations under the HKIAC Rules. It also acts as an appointing authority under the Hong Kong Arbitration Ordinance (Cap 341), where the parties or arbitrators cannot agree on the appointment of an arbitrator in a Hong Kong seated arbitration.
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HKIAC is the default appointing authority for ad hoc arbitrations seated in Hong Kong. In that role, HKIAC performs the following functions under the Hong Kong Arbitration Ordinance (Cap 609) (the “Ordinance”):
In ad hoc proceedings, under the Hong Kong Arbitration Ordinance, HKIAC is authorized to carry out two important functions in relation to an arbitration: HKIAC may appoint arbitrators or umpires where the parties have failed to agree or have not designated an
- 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
Ad -hoc Arbitration HKIAC is the default appointing authority for ad hoc arbitrations seated in Hong Kong. HKIAC performs the following functions under the Ordinance: t Determine the number of arbitrators where the parties have not agreed on the number
arbitrators for both domestic and international arbitrations. In international cases, HKIAC decides whether there should be one or three arbitrators. These powers apply in cases where the parties have not agreed to give these powers to an appointing authority or
In proceedings under its auspices, the HKIAC’s role includes appointing arbitrators (including emergency arbitrators), confirming designations of arbitrators made by parties or co-arbitrators, fixing arbitrators’ fees by default, deciding challenges (via fully reasoned
2024年10月17日 · As a GBA lawyer and an arbitrator, she is on the panel of the HKIAC and various other arbitration institutions. Heidi Chui: “I am deeply honoured to serve as a Council Member of the HKIAC. This role presents a valuable opportunity to contribute to the development of arbitration in Hong Kong, a jurisdiction renowned for its commitment to excellence as an international dispute resolution hub.
