The History of the HKIAC
The Hong Kong International Arbitration Centre (HKIAC) was first established in 1985 by a group of leading businesspeople and professionals. The reason for its inception was to meet the growing need for dispute resolution services in Asia.
What type of disputes does the HKIAC hear?
The HKIAC hears a range of commercial disputes, and it also has specific expertise in domain name disputes. It has an online dispute resolution service dedicated to cybersquatting and domain name disputes.
In its 2023 statistics the HKIAC revealed that the highest number of disputes were Corporate cases, accounting for 21% of the Centre’s case load.
Other popular sectors included :
- Construction (17.1%).
- Commercial (16%).
- Maritime (16%).
The HKIAC hears a range of international and domestic arbitrations and has handled some investor-state arbitrations.
While parties from all over the world can (and do) use HKIAC, parties from Hong Kong, mainland China, and Singapore are most commonly represented.
Interestingly, the HKIAC is also a licensed institution to administer certain Russian-related disputes.
The popularity of HKIAC as a centre for arbitration is growing and in 2023, a total of 500 matters were submitted to the HKIAC. 281 of those were arbitration filings, 209 were domain name disputes and 10 were mediations. Of the 281 arbitrations, 184 were administered by the HKIAC.
All of the statistics are published on their website and you can find the 2023 report here.
HKIAC Arbitration Rules
The HKIAC has its own set of rules, with the latest version published on 1st June 2024. The updates were aimed at improving the speed and cost-efficiency of the arbitral process.
HKIAC Arbitration Rules has dedicated procedures for complex arbitrations, small cases, and unmeritorious issues of law or fact.
The Centre also hears arbitrations that are governed by the UNCITRAL Arbitration Rules.
HKIAC Arbitrators
The HKIAC has access to experienced members of the arbitration community from around the world. As with other arbitration centres, all arbitrators must be neutral and sufficiently qualified.
The HKIAC has a Panel of Arbitrators, and List of Arbitrators, from which parties may choose their arbitrator.
The tribunal may comprise a sole arbitrator, jointly appointed by both parties. Alternatively, the tribunal may be a three-person tribunal. In those circumstances, each party appoints one arbitrator and the presiding arbitrator is appointed either by agreement between the party-appointed arbitrators, or an independent third party.
Language
The HKIAC is multi-lingual, but English is the predominant language.
In 2023, 83% of the administered arbitrations were conducted in English. 12% were conducted in Chinese. 5% were in both English and Chinese.
Where is the HKIAC located?
The HKIAC has premier hearing facilities in Hong Kong, Shanghai, and Seoul. Hearings may also be conducted online, via the virtual hearing services.
How much does HKIAC arbitration cost?
There is some flexibility in the costs of a HKIAC arbitration.
Parties have the option to choose a capped hourly rate, or an ad valorem rate for arbitrators’ fees. The ad valorem rate is a scale that is calculated based on the amount in dispute.
On issuing the dispute, the claimant must pay a non-refundable registration fee of HKD 8,000.
The full schedule of costs, and the Fee Calculator, are available on the HKIAC’s website.
