Guide to the HKIAC Arbitration Rules

Hardcover | May 2, 2017

byMichael J. Moser, Chiann Bao

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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 2008indicating 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 orstrategizing 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. Thebook 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 ArbitrationClauses, 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.

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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 sophi...

Dr Michael J Moser is an international arbitrator, mediator and attorney-at-law. He is currently an arbitrator member of 20 Essex Street Chambers in London and also maintains offices in Hong Kong and Beijing. He is Honorary Past Chairman of the Hong Kong International Arbitration Centre, Vice President of APRAG, a past Court Member of...

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Format:HardcoverDimensions:264 pages, 9.69 × 6.73 × 0.1 inPublished:May 2, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198712251

ISBN - 13:9780198712251

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Table of Contents

1. Introduction and Background2. 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 Insurance6. Jurisdiction over Consumer Contracts7. Jurisdiction over Individual Contracts of Employment8. Exclusive Jurisdiction9. Choice of Court Agreements10. Examination as to Jurisdiction and Admissibility11. Lis Pendens and Related Actions12. Provisional, Including Protective Measures13. Recognition14. Enforcement15. Refusal of Recognition16. Refusal of Enforcement17. Authentic Instruments and Court Settlements18. General Provisions19. Transitional Provisions20. Relationship with other Instruments21. Final ProvisionsAppendices1. The Regulation: English, French and German language versions2. List of Conventions3. Preparatory materials (including Commission Proposal and Explanatory Memorandum, Report of European Parliament's Justice and Home Affairs Committee)