Hong Kong International Arbitration Centre

Hong Kong International Arbitration Centre (HKIAC) is an independent non-profit making company limited by guarantee. It was founded in 1985 to provide advisory and support services for the resolution of local and international disputes by arbitration, adjudication and mediation.

On 1 July 1997 Hong Kong became a Special Administrative Region of the People's Republic of China. Despite this change the Hong Kong legal system remains essentially the same as before. The Hong Kong Arbitration Ordinance (Chapter 341 of the Laws of Hong Kong) is widely recognised as being one of the most advanced arbitration statutes in the world. It provides a maximum of support to the arbitration process with a minimum of interference. The Ordinance incorporates the UNCITRAL Model Law on International Commercial Arbitration.

The HKIAC is the default appointing authority for arbitrators in Hong Kong, a function that was previously exercised by the Hong Kong courts. The Arbitration Ordinance also gives the HKIAC the power to decide whether an arbitral tribunal should consist of one or three arbitrators in international arbitrations if the parties cannot agree on such numbers.

Functions / Activities / Services

The Hong Kong Mediation Council

The Hong Kong Mediation Council (HKMC) was set up within the HKIAC in January 1994 to promote the development and use of mediation as a method of resolving disputes. The HKMC is a division of the HKIAC and was previously known as the HKIAC Mediation Group. Membership is invited from people in Hong Kong who have an interest in learning more about mediation and in assisting in its development in Hong Kong. The Hong Kong Mediation Council organises regular evening talks and training courses for those interested in conducting mediations in Hong Kong.

The Hong Kong Maritime Arbitration Group

The Hong Kong Maritime Arbitration Group (HKMAG) was set up within the HKIAC to promote maritime arbitration in Hong Kong and to encourage those involved in the shipping industry to become arbitrators. Through the initiative of the HKMAG, the HKIAC has adopted Documents Only Procedures and Small Claims Procedures based on similar procedures adopted by the London Maritime Arbitrators Association. Under the Small Claims Procedures, arbitrators' fees are limited to HK$15,000, the HKIAC's fee for appointment is HK$1,500 and recoverable costs are limited to HK$30,000. The Small Claims Procedures are suitable for arbitration where neither the claim nor any counterclaim exceeds US$50,000 but may be suitable for handling larger claims when there is a simple issue at stake and it is unlikely that a long hearing is needed.

Procedures for Arbitration, Adjudication and Mediation

The Centre assists parties in formulating procedures suitable to their particular needs for the resolution of their dispute by arbitration, adjudication or mediation. The HKIAC has its own Domestic Arbitration Rules and recommends the UNCITRAL Arbitration Rules for international arbitration. It is happy to assist with the selection of arbitrators, adjudicators and mediators and to be named in contracts as appointing authority to appoint arbitrators, adjudicators or mediators where the parties are unable to agree. The Centre maintains panels of international arbitrators of experience and distinction and, where the parties so wish, will act as arbitration administrator.

Panels of Arbitrators, Adjudicators and Mediators

The HKIAC maintains panels of distinguished and experienced arbitrators, adjudicators and mediators from around the world. At present there are arbitrators from 25 countries on our panels. These include arbitrators from the Mainland of China and of course Hong Kong.

Electronic Transaction Arbitration Rules

With the rapid development in the use of the Internet and in particular in the area of online shopping, the Hong Kong International Arbitration Centre launched the HKIAC Electronic Transaction Arbitration Rules (Rules) as a third-party arbitration framework for use and adoption by online merchants to handle consumer disputes online. Details of the Rules are available on the HKIAC website at www.hkiac.org.

Domain Name Disputes

In June 2001 the HKIAC was appointed as the sole domain name dispute resolution provider for the .hk ccTLD (www.hkiac.org) and in December 2001 the Asian Domain Name Dispute Resolution Centre (ADNDRC) (www.adndrc.org). A joint undertaking between the China International Economic and Trade Arbitration Commission (CIETAC) and the Hong Kong International Arbitration Centre was formed to provide dispute resolution services in regard to disputed generic top level domain names (gTLD's), which are the top level domains approved by the Internet Corporation for Assigned Names and Numbers (ICANN). The ADNDRC is one of only four domain name dispute providers in the world, and the first and only one in Asia. In September 2002 the HKIAC was named as the second domain name dispute resolution provider for .cn domain names, the ccTLD for Mainland of China. While in August 2004 the HKIAC was also named as a dispute resolution provider for .pw domain name disputes, the ccTLD for Palau.

Contact Details

Website

www.hkiac.org