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Vol 21 No 10 Oct/Nov 2016

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Guide to the HKIAC Arbitration Rules


ISBN13: 9780198712251
To be Published: February 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £115.00



This is the first detailed commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules providing practitioners with an insider's perspective on how the HKIAC Secretariat administers arbitrations under these rules.

Hong Kong International Arbitration Centre is one of the world's most highly sophisticated arbitration institutions, with a continuously growing annual caseload. HKIAC had a large number of arbitration cases in 2012, many of which were fully administered under the Administered Arbitration Rules 2008 indicating significant increase from the previous year. This practical guide makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. As well as offering an insider's perspective it provides examples of anonymous cases handled at the HKIAC, and a discussion on various issues arising from arbitrations involving mainland parties or enforcing arbitration awards in mainland China. The book not only draws from the authors' five years of experience administering arbitrations under the HKIAC Administered Arbitration Rules (2008) but highlights the various changes made in the revised Rules that came into effect in November 2013 benefitting from the authors' privileged access.

The book begins with and introduction to the HKIAC including a history with statistics and details of other services provided by the HKIAC itself. The commentary then goes on to examine each article in depth. Relevant supporting documents are appended including Recommended HKIAC Arbitration Clauses, HKIAC Administered Arbitration Rules (2013), UNCITRAL Arbitration Rules 2010 and Hong Kong Arbitration Ordinance. No aspect of HKIAC arbitration is left unexamined, and the guide stands alone as a comprehensive exposition of HKIAC arbitration.

Subjects:
Other Jurisdictions , Hong Kong, Arbitration and Dispute Resolution
Contents:
1. Introduction and Background
2. Scope and Definitions (Art.
1 - 3)
3. Jurisdiction - General Provisions (Art.
4-6)
4. Special Jurisdiction (Art.
7 and 8)
5. Jurisdiction in Matters Relating to Insurance
6. Jurisdiction over Consumer Contracts
7. Jurisdiction over Individual Contracts of Employment
8. Exclusive Jurisdiction
9. Choice of Court Agreements
10. Examination as to Jurisdiction and Admissibility
11. Lis Pendens and Related Actions
12. Provisional, Including Protective Measures
13. Recognition
14. Enforcement
15. Refusal of Recognition
16. Refusal of Enforcement
17. Authentic Instruments and Court Settlements
18. General Provisions
19. Transitional Provisions
20. Relationship with other Instruments
21. Final Provisions

APPENDICES
1. The Regulation: English, French and German language versions
2. List of Conventions
3. Preparatory materials (including Commission Proposal and Explanatory Memorandum, Report of European Parliament's Justice and Home Affairs Committee)