§ 11 . International Arbitration in Hong Kong

2015 ◽  
pp. 408-447
Keyword(s):  
Hong Kong ◽  
International Arbitration

Binding non-signatories to arbitration agreements—who are persons ‘claiming through or under’ a party?

2019 ◽  
Vol 35 (3) ◽  
pp. 375-386
Author(s):  
Vicky Priskich
Keyword(s):  
Hong Kong ◽  
Common Law ◽  
International Arbitration ◽  
Appellate Courts ◽  
High Court ◽  
Appeal Court ◽  
The Status ◽  
Court Proceedings ◽  
The Uk ◽  
High Court Of Australia

Abstract The International Arbitration Acts of the UK, Australia, Singapore, and Hong Kong recognize that third persons who are non-signatories to an arbitration agreement but who are ‘claiming through or under’ a party to the arbitration agreement have the status of a party.1 In the UK and Singapore that status means not only that court proceedings involving such non-signatories may be stayed in favour of arbitration but it also binds them to an award. In Hong Kong that status binds non-signatories to an award. In Australia, that status affects whether court proceedings involving non-signatories are stayed in favour of arbitration. A recent judgment by a majority of Australia’s highest appeal court, the High Court of Australia, in Rinehart v Hancock Prospecting Pty Ltd2 has taken a different approach to that prevailing in England as to the range of persons who are capable of ‘claiming through or under’ a party to the arbitration agreement, thereby significantly expanding the range of disputes involving non-signatories that must be referred to arbitration.3 The issue has not arisen for determination before appellate courts in Singapore or Hong Kong. Rinehart therefore represents an important development in common law jurisdictions, compelling arbitration between a signatory and non-signatory to an arbitration agreement.

15 Costs: (SIAC RULES 34 TO 37)

2018 ◽  
Author(s):  
Choong John
Keyword(s):  
Hong Kong ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Part C ◽  
Chamber Of Commerce ◽  
Key Features ◽  
The Cost ◽  
International Chamber Of Commerce

This chapter discusses Singapore International Arbitration Centre (SIAC) Rules 34 to 37. Parties negotiating a contract have to decide whether to agree to have disputes determined by municipal courts or through arbitration. Cost can be a major factor in that decision. Part A of this chapter begins with a look at the cost of arbitrating a dispute in comparison to having a dispute determined by litigation. There follows an analysis of the key features of the assessment of costs in SIAC arbitration in Part B. In Part C, the SIAC costs of arbitration are compared to the costs payable by parties in disputes administered by two of SIAC's regional competitors, the International Chamber of Commerce and Hong Kong International Arbitration Centre. Finally, Rules 34 to 37 of the SIAC Rules (2016), which govern the calculation and apportionment of the fees and expenses of an arbitral tribunal, the SIAC Secretariat, and individual party costs, are each considered in turn in parts D to G.

1 Introduction to Arbitration in Hong Kong

2017 ◽  
Author(s):  
Moser Michael ◽  
Bao Chiann
Keyword(s):  
Hong Kong ◽  
Legal System ◽  
Mainland China ◽  
Foreign Affairs ◽  
International Arbitration ◽  
Contributing Factors ◽  
The Rule Of Law ◽  
Basic Law ◽  
High Degree

This introductory chapter discusses the contributing factors that make Hong Kong a global arbitration centre that ‘meets or even exceeds all standards’ in the Chartered Institute of Arbitrators’ ten principles of an effective, efficient, and ‘safe’ seat of international arbitration. Hong Kong has long been at the forefront of international arbitration developments. It enjoys a high degree of autonomy (except in defence and foreign affairs) and retains a separate legal system from that of mainland China. Hong Kong’s legal system is based on the English common law and is guaranteed in Hong Kong’s constitutional instrument, the Basic Law. Furthermore, Hong Kong has a long tradition of upholding the rule of law and judicial independence, which are two key foundations for the city’s success as a global dispute resolution centre.

A Guide to the HKIAC Arbitration Rules

2017 ◽  
Author(s):  
Moser Michael J ◽  
Bao Chiann
Keyword(s):  
Hong Kong ◽  
Mainland China ◽  
International Arbitration ◽  
Privileged Access ◽  
Institutional Rules ◽  
Key Issues ◽  
Made In

This book provides a 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. HKIAC is one of the world’s most sophisticated arbitration institutions, which established a set of Administered Arbitration Rules in 2008. Since then, HKIAC has enjoyed a continued yearly growth in cases. In 2015, HKIAC saw a record number of arbitration cases in 2012. This 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 seven years’ 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 benefiting from privileged access. The book begins with an 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 the Hong Kong Arbitration Ordinance.

13 Costs

2014 ◽  
Author(s):  
Mangan Mark ◽  
Reed Lucy ◽  
Choong John
Keyword(s):  
Hong Kong ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Arbitration ◽  
The Cost

This chapter compares the costs of resolving a dispute through arbitration and the cost of resolving a dispute through municipal courts. Cost can be a major factor in terms of deciding whether to have their disputes determined by municipal courts or through arbitration. The chapter presents a table that differentiates the Singapore International Arbitration Centre (SIAC) costs of arbitration to its two regional competitors, the International Criminal Court (ICC), and Hong Kong International Arbitration Centre (HKIAC). SIAC tribunal fees are cheaper than ICC tribunal fees. Its tribunal fees are also capped at an amount less than the maximum fees payable to a HKIAC arbitrator.

2 Arbitral Institutions

2015 ◽  
Author(s):  
Cohen Smutny Abby ◽  
Polášek Petr
Keyword(s):  
Hong Kong ◽  
Dispute Resolution ◽  
International Market ◽  
International Arbitration ◽  
Chamber Of Commerce ◽  
International Court ◽  
International Chamber Of Commerce

This chapter surveys arbitral institutions and arbitration rules relevant to the resolution of international financial disputes. It focuses on four factors that are important in the context of financial disputes: the selection and qualifications of the arbitrators; the speed and efficiency of the proceeding; the confidentiality of the proceeding; and the costs of the arbitration. Arbitral institutions covered include the Panel of Recognized International Market Experts in Finance (P.R.I.M.E. Finance), the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the International Centre for Dispute Resolution (ICDR), the International Centre for Settlement of Investment Disputes (ICSID), the Dubai International Arbitration Centre (DIAC), the Hong Kong International Arbitration Centre (HKIAC), and the Singapore International Arbitration Centre (SIAC).

scholarly journals International Arbitration and Japan: Stagnant, but Signs of Change?

2018 ◽  
Vol 112 ◽  
pp. 100-102
Author(s):  
Yuka Fukunaga
Keyword(s):  
Hong Kong ◽  
International Arbitration

Japan has been lagging far behind other jurisdictions in Asia such as Hong Kong and Singapore, which have been widely recognized as international arbitration hubs. However, efforts have been made to transform Japanese cities into new arbitration hubs.

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