Moreover, clause 17.6 of the Contract provides “ For the avoidance of doubt, it is agreed that, unless and until the Seller makes an election in the previous paragraph, all and any disputes shall be submitted to arbitration in London, England which should be deemed as the only agreed arbitration place. Found inside – Page 369Notwithstanding the return of Hong Kong to Chinese sovereignty in 1997 , the English ... The arbitration clause will usually determine the mechanism for the ... (1) This sentence must be amended if a panel of three On 2 March 2018, the Hong Kong Court of First Instance (“CFI“) issued a notable decision which signifies a development of Hong Kong law in the contexts of insolvency and arbitration. Second, differences over billing charges could be dealt with by the Hong Kong courts under clause 4 or, in the alternative, by way of arbitration under clause 11.3, i.e. If it is retained, the Centre will then act as a It also provides welcome confirmation of the pro-arbitration stance of the Hong Kong courts, particularly in cases where, as the judge observed: "the parties' commitment to arbitrate is not in doubt". contracts: The language(s) to be used in the arbitral proceedings shall be Herbert Smith Freehills acted for the successful Defendant, with Partner Simon Chapman QC appearing as advocate. Found inside – Page 173Recognising foreign jurisdiction or arbitration clause Hong Kong courts do not normally allow proceedings in breach of terms of an agreement that specifies ... Specify that the arbitration shall be administered by one of the current five institutions or permanent offices that have been confirmed as qualified by the Hong Kong Government and the Supreme People's Court. Parties to a contract who wish to have any future disputes referred to arbitration under the Electronic Transaction Arbitration Rules of Hong Kong International Arbitration Centre (HKIAC) may insert in the contract an arbitration clause in the following form: "Any dispute or difference arising out of or in connection with this contract shall be referred to and determined by arbitration under the Electronic Transaction Arbitration Rules of the Hong Kong International Arbitration Centre." The June Agreement contained at Clause 8.1 an arbitration clause in the following terms: This Letter of Intent shall be governed by the laws of Hong Kong Special Administrative Region. Hong Kong as an arbitral seat has a number of advantages, including: A modern legal framework and an independent judiciary supportive of arbitration. First, clause 11.3 was a valid arbitration agreement. All Rights Reserved. shagang south-asia (hong kong) trading co ltd v daewoo logistics (the nikolaosa) [2015]ewhc194(comm) • parties agreedin fixture note: “23. the rest of this clause. October 7, 2016. Found inside – Page 133Unlike domestic arbitrations, where the clause applies as a default rule, ... 5.6 Hong Kong Hong Kong's arbitration legislation is also based on the ... Specifically, the Arbitration Ordinance (Cap. On 2 March 2018, the Hong Kong Court of First Instance (“CFI“) issued a notable decision which signifies a development of Hong Kong law in the contexts of insolvency and arbitration. On the occasion of his 75th birthday, Neil Kaplan's unparalleled influence in the field of international arbitration is celebrated in this book which comprises contributions from over twenty-five renowned international arbitration ... Found insideIn this regard, the Hong Kong International Arbitration Centre (“HKIAC”) recently updated its model arbitration clause for arbitrations administered under ... This provision should be included particularly where the law of the substantive contract and the law of the seat are different. [cf. the parties on timing of meetings etc, will hold deposits from the delivered outside Hong Kong; or (v)the acts constituting the offer and acceptance were done outside Hong Kong and the contract provides for the goods to be delivered to Hong Kong. ), Signature: __________________________ (Claimant), Signature: __________________________ (Respondent)", Certificate in Small Business Internationalization, Public-private dialogue for export strategy, Consultative Committee of the ITC Trust Fund, Building a Conducive Business Environment, Strengthening Trade and Investment Support Institutions, Promoting and Mainstreaming Inclusive and Green Trade, Supporting Regional Economic Integration and South-South Links, Anniversary greetings from ITC's partners, Global Goals for Sustainable Development (SDGs), Alliances for Coconut Industry Development in the Caribbean, Arise Plus Lao People’s Democratic Republic, EU-Nepal Trade and Investment Programme (TIP), EuroMed Trade and Investment Facilitation Mechanism, Facilitating Uzbekistan's Accession to the WTO, Global Textiles and Clothing Programme (GTEX), JSF for Women and Youth Programme in The Gambia, Myanmar Trade and Investment Project (TIP), Netherlands Trust Fund - Phase IV (NTF IV), Pakistan: Growth for rural advancement and sustainable progress (GRASP), Partnership for Investment and Growth in Africa (PIGA), Supporting Indian Trade and Investment for Africa (SITA), Uganda Handicraft and Souvenir Development, Local Business Intelligence - SME Competitiveness Survey. Parties may either adopt a specific set of arbitration rules or the rules drawn up by the parties themselves, whereas institutional arbitrations are governed by specific arbitration organisations. The Hong Kong International Arbitration Centre ( HKIAC) is an institution based in Hong Kong, providing alternative dispute resolution services from administered and ad hoc international arbitration to mediation, adjudication and domain name dispute resolution. Legal advice should nevertheless always be sought on the choice of a suitable clause and the applicable law, Arbitration under the HKIAC Administered Arbitration Rules, Arbitration administered by HKIAC under the UNCITRAL Rules, Ad hoc arbitration under the UNCITRAL Rules, Domestic Arbitration under the HKIAC Domestic Arbitration Rules. enforcement of arbitration awards (discussed in section 1.3 below), does not apply to foreign judgments. All Rights Reserved. The arbitration proceedings shall be conducted in ... (insert language)." , in the event that one of the parties decided to give notice of arbitration. ____________. Hence, the key issue was whether the arbitration clause had been superceded by the jurisdiction clause. The Defendants relied on the Arbitration Clause to apply for a stay of the Hong Kong proceedings for both the Contractual Claim and Non-Contractual Claim. "Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the … required. The governing law of this arbitration clause shall be the law of Hong Kong and the seat of arbitration shall be Hong Kong. Section 20 (1) of the Arbitration Ordinance (Ordinance) adopts Article 8 of the Model Law and provides that a court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests, refer the parties to arbitration unless it finds the agreement to be null and void, inoperative or incapable of being performed. HKIAC's custom-built rooms, featuring 360-degree views of Hong Kong’s skyline, can accommodate from 4 to 150 people for hearings, meetings, conferences or events. The mediation provision found in earlier versions of this clause has been removed and made into a free standing clause that parties can incorporate by choice. Interactive Brokers LLC (02/08/2019, CACV 611/2018) [2019] HKCA 873, despite the presence of a mandatory arbitration clause. My Master of Laws Dissertation is about International Arbitration with focus on discussing the Autonomy of Arbitration by: (1) comparing Arbitration with Litigation and Mediation and discussing the involvement of the Court in these dispute ... The arbitration proceedings shall be conducted in ... (insert language)." Posted on October 22nd, 2014 By New HKIAC model arbitration clauses . shall be settled by arbitration in accordance with the UNCITRAL In the course of an arbitration, consideration may need to be given to other applicable laws as follows in order to avoid satellite arguments: 1. the law governing the substantive contract 2. the law governing the arbitration agreement 3. the law of the seat (place) of the arbitration 4. the procedural rules of arbitration 5. the law of the place where the award will be enforced The Benefit from the Services of a Leading International Arbitral Institution Maximise the Cost Effectiveness & Efficiency of Your Arbitration. This case concerned granting a stay of court proceedings in favour of arbitration and interpretation of an arbitration clause. It does not replace the law governing the substantive contract. Parties to an existing dispute who wish to refer it to Home > Legal Developments and Cases > New HKIAC model arbitration clauses. Many commercial contracts contain “escalation clauses” requiring parties to take certain steps before formal arbitration begins – such as a requirement to “negotiate in good faith” before starting arbitration. *   Optional. The first detailed commentary on the HKIAC rules, providing practitioners with practical guidance on how the HKIAC Secretariat administers arbitrations. Unclear wording in the clause will cause uncertainty and delay and can hinder or … A winding-up petition based on the ground of insolvency will not be stayed to arbitration if the debt arises under an agreement which contains an arbitration clause; Ad Hoc Arbitration Provision – Non-UNCITRAL Rules The following ad hoc arbitration clause (with the exception of the provision designating Atlanta as the place of arbitration) is taken from Jan Paulsson, Nigel Rawding & Lucy Reed, The Freshfields Guide to Arbitration Clauses in International Contracts (3d ed., 2011): 1. Arbitration Rules: International Institutions is the only resource to compile such an extensive array of commentary and analysis, written by leading arbitration authorities along with the full text of each set of rules. Hong Kong - The Gold Standard of International Arbitration in Asia. As a one-stop-shop, HKIAC also provid es mediation [Insert link to mediation page], adjudication [insert link to adjudication page] and domain name services [insert link to domain name services page] under one roof to OBOR parties who may prefer to use other methods to resolve their disputes. HKMAG Arbitration Clauses. If the parties to the case had done that, the costs and … Kong International Arbitration Centre. This is a body that has been in existence for some time, however, is now recognised as an institution (this is important in respect of … Found inside – Page 340The place of arbitration is Hong Kong. ... be held in Hong Kong.39 A special issue for maritime arbitration – the validity of an arbitration clause in the ... The Hong Kong International Arbitration Centre (“HKIAC”) has recently published new model clauses stipulating the law of the arbitration agreement. following form: "Any dispute or difference arising out of or in connection with The place of arbitration shall be in Hong Kong at HKIAC. The addition of Hong Kong as the fourth named arbitration option has prompted BIMCO to overhaul its law and arbitration clause. In a series of recent cases, the Hong Kong courts have considered whether a bankruptcy petition or winding up petition can be presented against a debtor if the contract between the creditor and the debtor is subject to an arbitration clause. *. Found insideIt further decided that the arbitration agreement expressed the unilateral ... In Hong Kong, it is the law that where a contract refers to any contract ... Found inside – Page 130The Scottish and International Perspectives Yu Hong-Lin Yu ... may examine the validity of the arbitration agreement”.134 Hong Kong As Hong Kong adopted the ... The materials in this looseleaf volume provide a practical reference guide and resource tool for the law and practice of international commercial arbitration in Asia. In Cheung Shing Hong Ltd v China Ping An Insurance (Hong Kong) Co Ltd [2020] HKCFI 2269, the High Court (Court) addressed the question of whether a dispute between the parties to an arbitration agreement fell within the ambit of the arbitration agreement, and provided guidance on the role of previous court decisions on the interpretation of arbitration agreements. connection with: (Brief description of contract under which disputes or In Hong Kong, the Court has not laid down a strict rule as to which law applies to the arbitration agreement in the absence of an express provision. The Court of First Instance in Klöckner Pentaplast Gmbh & Co Kg v Advance Technology (H.K.) Company Limited, 14/07/2011, HCA1526/2010, stated: Arbitration Rules as are therein contained.(2). Found insideNg Moo Kee Eng'g Ltd,15 for example, a Hong Kong Court of First Instance upheld an arbitration clause which ambiguously referred to a “third country” as the ... The Note certificate incorporated that arbitration clause. Unclear wording in the clause will cause uncertainty and delay and can hinder or … in the following terms: "We, the undersigned, agree to refer to arbitration under the Copyright 2021 Hong Kong International Arbitration Centre. What should be the governing law of the contract? Arbitration Rules as at present in force and as may be amended by By contract between the Defendant and Plaintiff (D‑P Contract 1), the Defendant in turn sub‑sub‑contracted to the Plaintiff part of the works. Parties to a contract who wish to have any future disputes referred to arbitration under the HKIAC Administered Arbitration Rules may insert in the contract an arbitration clause in the following form: " Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding … There shall be only one arbitrator. CPD for HKMAAL, Law Society of Hong Kong and HKIAC are being applied. The CIETAC Arbitration Rules were last amended in 2015. Prior to Lasmos, the position of the Hong Kong cases was clear. Found inside – Page 419HKG ¶70-103 SPECIAL PROVISIONS REQUIRED FOR ARBITRATION CLAUSES The model arbitration clause, for international arbitrations, recommended by the Hong Kong ... this contract shall be referred to and determined by arbitration under the Electronic Transaction Arbitration Rules of the Hong Kong Model Clause: Hong Kong International Arbitration Centre Any dispute, controversy or claim arising out of or relating to this contract, or the breach termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. Parties to a contract who wish to have any future disputes referred to arbitration under the HKIAC Administered Arbitration Rules may insert in the contract an arbitration clause in the following form: "Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. 1977 c. 50 s. 26 U.K.] 17. The Hong Kong International Arbitration Centre ( HKIAC) is an institution based in Hong Kong, providing alternative dispute resolution services from administered and ad hoc international arbitration to mediation, adjudication and domain name dispute resolution. Hong Kong International Arbitration Centre Clause Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in … The seat of arbitration shall be ... (Hong Kong). 1.1.3. ", Navigating the Belt and Road: Opportunities & Risks for the Maritime Industry, Symposium on Recent Update on Hong Kong and Mainland China Arbitration, HKIAC Arbitration Clause Negotiation Workshop - Taipei, Arbitrator appointments, conflicts and challenges, Patrick Pearsall in conversation with David and Sarah. If any such adoption is required the arbitration agreement should make … Found inside – Page 8116 (4) (2014) (providing for the law of the seat to apply by default); see also Hong Kong International Arbitration Centre, »Model Clauses« (recommending an ... Found inside – Page 339In case of disputes, the parties undertake to submit them to arbitration as ... the provision of an arbitration agreement, was construed by the Hong Kong ... Parties to an existing dispute in which neither an arbitration clause nor a previous agreement with respect to arbitration exists, who wish to refer such dispute toarbitration under the HKIAC Administered Arbitration Rules, may agree to do so in the following terms: "We, the undersigned, agree to refer to arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to: (Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise). Your arbitration clause should clearly and unequivocally: Designate Hong Kong as the seat (legal place) of arbitration. As regards the requirement that arbitration be commenced only after completion of works under a construction contract, or after determination of the contract for a contractor’s works, the Court observed that this is a common requirement in standard form construction contracts in use in Hong Kong. When adapting the clause, care must be taken to avoid any risk of ambiguity. Whether parties are drafting an agreement to arbitrate future disputes or an existing dispute, they should consider whether specifically to adopt any or all of the provisions of sections 2 to 7 of Schedule 2 of the Hong Kong Arbitration Ordinance (Cap. arbitration under the Electronic Transaction Arbitration Rules of The arbitration clause (clause 14.3) then provided that “[i]f any dispute cannot be resolved amicably within sixty (60) Business days of the date of a Party’s request in writing for such negotiation … then such dispute shall be referred by either Party for settlement exclusively and finally by arbitration in Hong Kong … *   Optional. Tribunal Secretary Services. Ad hoc arbitrations are arranged solely between the parties and the arbitrators. 24. other terms/conditions and charter party details base on gencon 1994charterparty.” • gencon1994:clause … 609) (AO) is based on the most recent version of the UNCITRAL Model Law. It does not replace the law governing the substantive contract. Winding-up Petition v Arbitration Clause: Hong Kong Court Dismisses Winding-up Petition in Favor of Arbitration Clause. The decision by the Court of First Instance in Hong Kong confirms that, in a contract containing an arbitration clause, it is for the arbitrator to determine compliance with contractual conditions precedent to arbitration, according to international arbitration expert Dr Dean Lewis of Pinsent Masons, the law firm behind Out-Law.. Hong Kong’s arbitration ordinance incorporates the … Ambit of arbitration agreement Cheung Shing Hong Ltd -v -China Ping An Insurance (Hong Kong) Co Ltd [2020] HKCFI 2269 – proper construction of arbitration clause and stay of proceedings in favour of arbitration. The Defendants relied on the Arbitration Clause to apply for a stay of the Hong Kong proceedings for both the Contractual Claim and Non-Contractual Claim. Hong Kong arbitration case law in 2020: Winding-up petition and arbitration clause. 24. Second, differences over billing charges could be dealt with by the Hong Kong courts under clause 4 or, in the alternative, by way of arbitration under clause 11.3, i.e. "If in the course of executing the Contract, any disputes or controversies arise between (G) and (K) on any question and the parties are unable to reach agreement, both parties may in accordance with the relevant arbitration laws of Hong Kong submit the dispute or controversy to the relevant arbitral institution for resolution, and the arbitral award resulting from arbitration in the HKSAR … The law of the arbitration clause potentially governs matters including the formation, existence, scope, validity, legality, interpretation, termination, effects and enforceability of the arbitration clause and identities of the parties to the arbitration clause. date of this contract including such additions to the UNCITRAL Found inside – Page 55A “ domestic arbitration agreement ” is defined in Section 2 ( 1 ) of the ... Model Law which has proved to have the greatest significance in Hong Kong . Untitled document.edited (14).docx - EXAMINE THE USE OF ARBITRATION AND MEDIATION IN THE SETTLEMENT OF THE CONSTRUCTION DISPUTES IN HONG KONG • Model clause is the starting point • Choice of institutional arbitral rules in an arbitration clause imports those rules as part of the arbitration agreement (Article 2(e), Model Law) • Popular choices: – Singapore International Arbitration Centre – International Chamber of Commerce – London Court of International Arbitration *   Optional. Generally, asymmetric clauses are valid and enforceable in these jurisdictions. Found inside – Page 302the arbitration agreement that the independence of the arbitration clause excludes ... Four parties from the same region, Hong Kong, signed a contract under ... New HKIAC model arbitration clauses. The Hong Kong International Arbitration Centre (HKIAC) has recently published new model clauses stipulating the law of the arbitration agreement. The new model clauses, which can be found at the HKIAC’s website ( http://hkiac.org/en/arbitration/model-clauses ), are to a large extent the same as... OCBC Wing Hang Bank Ltd v. Kai Sen Shipping Co Ltd (Yue You 903) [2020] HKCFI 375This recent Hong Kong case confirms the rule that express wording must be used in order to incorporate an arbitration clause from a charterparty into a bill of lading. Although the arbitration clause was upheld in this case, as a matter of good drafting, we usually expressly provide in the contract that the submission to the jurisdiction of the Hong Kong Court is subject to the arbitration clause. Hong Kong Litigation Hong Kong has a legal system which is different from mainland China and is based on English common law. Arbitration Rules of Hong Kong International Arbitration Centre Found insideAccording to both British and the Hong Kong Arbitration Ordinance, the arbitration agreement is valid and enforceable. [3] Closest Connection Principle Like ... The law of this arbitration clause shall be ... (Hong Kong law). The arbitration … 1. (2) This sentence may be deleted if administration by HKIAC is In recent years, Hong Kong’s arbitral institutions have reported increased caseloads: The Hong Kong International Arbitration Centre (HKIAC) reported 483 new cases in 2020, slightly down from 503 in 2019. The languages to be used in the arbitral proceedings shall be [English/Chinese].” There are many variations of arbitration clauses. The appointing authority shall be … (Hong Kong International Arbitration Centre). Secretary in arbitrations administered by HKIAC and ad hoc or administered by Institution... 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