05 May 2024 to 08 May 2024
03 May 2024
HKIAC is pleased to announce the release of the 2024 Administered Arbitration Rules (“2024 Rules”), which will take effect on 1 June 2024.
The 2018 Administrated Arbitration Rules have been well-received by users and are widely recognised as a market-leading set of arbitral rules since their release on 1 November 2018. As such, while the 2024 Rules introduce a number of new provisions to reflect advancing social norms and technological developments, they are largely a refinement of the 2018 Rules. The overall aim of the amendments is to improve the time- and cost-efficiency of HKIAC arbitration, while maintaining the “light touch” administration for which HKIAC is known.
Notable features in the 2024 Rules include:
- A new provision encouraging parties and arbitrators to take diversity into account when designating arbitrators, and requiring HKIAC to do the same when exercising its authority to appoint arbitrators (Art. 9A);
- Requirements that tribunals and parties consider information security when adopting procedures for the conduct of the arbitration. The tribunal is also given powers to make directions and order sanctions for information security breaches (Arts. 13.1; 45A);
- Requirements that tribunals and parties consider environmental impact when adopting procedures for the conduct of the arbitration. New provisions also empower tribunals to take into account any adverse environmental impact arising out of parties’ conduct when allocating costs (Arts. 13.1; 34.4(f));
- Additional tools that enhance HKIAC’s powers to preserve the efficiency and integrity of the arbitration including, in exceptional circumstances only, by revoking the appointment of an arbitrator who cannot fulfil his or her functions (Art. 13.10);
- Enhanced tribunal powers to determine preliminary issues or otherwise adopt procedures to decide the case efficiently (Art. 13.6);
- More stringent time limits on tribunals in respect of closing proceedings and rendering of awards (Art. 31.1);
- An additional option in the model clause, allowing parties to select in their contracts how the tribunal’s fees will be calculated (ad valorem or at an hourly rate);
- Amendments to Article 29.2 (single arbitration under multiple contracts) to align it with Article 28.8 (consolidation of arbitrations).
Many of the above changes reflect and codify HKIAC’s existing practice. New provisions, including those on diversity and environmental impact, are consistent with HKIAC’s approach. For example, as a member of the Campaign for Greener Arbitrations, HKIAC assisted in drafting the Green Protocols. HKIAC has been a signatory to the ERA Pledge for Equal Representation in Arbitration since 2016, and has seen a marked increase in the proportion of female arbitrators of all appointments made by HKIAC to 35% in 2023, compared to 22% in 2021 and 27% in 2022. Since 2021, HKIAC has also offered parties the benefit of HKIAC Case Connect, its online case management platform developed for the convenience and security of parties and tribunals.
HKIAC is confident that the 2024 Rules will continue to offer parties, counsel and arbitrators the market-leading experience they have come to expect from HKIAC administered arbitration.
HKIAC expresses its gratitude and appreciation to the 2024 Rules Revision Committee and to all those members of the international arbitration community who contributed their advice and expertise through the consultation process.
HKIAC Rules Revision Committee Members:
Briana Young (Chair), John Choong, Mariel Dimsey, Nils Eliasson, Sarah Grimmer, Karl Hennessee, Joanne Lau, Dong Long, Eric Ng, David W. Rivkin, Zhao Fang.
Download the 2024 Administered Arbitration Rules
2024 Administered Arbitration Rules (English)
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