HKIAC consults on revisions to its Administered Arbitration Rules | Practical Law

HKIAC consults on revisions to its Administered Arbitration Rules | Practical Law

The HKIAC has published a consultation paper calling for views on whether revisions should be made to its Administered Arbitration Rules. Responses are requested by 10 February 2012.

HKIAC consults on revisions to its Administered Arbitration Rules

Practical Law UK Legal Update 2-516-8861 (Approx. 3 pages)

HKIAC consults on revisions to its Administered Arbitration Rules

by PLC Arbitration
Published on 15 Dec 2011 • Hong Kong - PRC
The HKIAC has published a consultation paper calling for views on whether revisions should be made to its Administered Arbitration Rules. Responses are requested by 10 February 2012.
The Hong Kong International Arbitration Centre (HKIAC) has issued a consultation paper, seeking views on whether its Administered Arbitration Rules should be revised (see HKIAC Administered Arbitration Rules - Consultation Paper). The rationale behind the consultation is that, although the Rules (which came into force in September 2008) are working well overall, they may benefit from certain modifications to reflect the experience of their use in practice.
Amendments being considered include:
  • Does the provision for appointment of arbitrators in a multi-party arbitration need to be simplified (Article 8.2)?
  • Does the provision on arbitrator independence, disclosure and challenges need to be amended, for example to require arbitrators to sign a statement of independence and impartiality (Article 11)?
  • Should the list of general provisions in Article 14 be updated, for example, to require the tribunal to adopt suitable procedures for the conduct of the arbitration "having regard to the complexity of issues and the amount in dispute", or to give the tribunal express power to take the initiative in identifying relevant issues of fact and law?
  • Is there merit in including a list of case management techniques, intended to illustrate appropriate measures to control time and costs?
  • Should the Rules be amended to include provisions on joinder or consolidation of arbitration proceedings?
  • Should Article 20.3 be amended to provide that jurisdictional objections are irrevocably waived if not raised by the Statement of Defence at the latest?
  • Does Article 23.3 contain sufficient guidance on the issue of disclosure of documents? Should it be amended, for example, to include guidance on production of electronic documents?
  • Should the Rules be amended to include an emergency arbitrator provision?
Some of the suggestions for change reflect new provisions in the ICC Rules 2012, which come into force on 1 January 2012, and include rules on case management, an emergency arbitrator and expanded rules on joinder and consolidation. (For a summary of revisions to the ICC Rules, see Legal update, ICC Rules 2012 launched.)
Users should send their views on the proposed changes to the HKIAC Rules Revision Committee ([email protected]) by 10 February 2012. After that, the HKIAC intends to hold a series of consultations before deciding the timing and form of any amendments to the Rules.