Firm foundations year in review_19-01-16_FB

HKIAC procedures for the administration of arbitration The UNCITRAL Arbitration Rules are often adopted in international construction arbitrations. The Hong Kong International Arbitration Centre (“HKIAC”) has the longest history of and experience in administering UNCITRAL cases in the Asia-Pacific region, having begun to handle such cases in 1986.

The current HKIAC procedures for UNCITRAL arbitrations, the Procedures for the Administration of International Arbitration, were made in 2005. To bring the HKIAC procedures in conformity with the latest versions (2010 and 2013) of the UNCITRAL Rules, on 1 January 2015 the HKIAC introduced the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules. The new procedures supercede previous ones and create a single and user-friendly system that applies to arbitrations administered by HKIAC under any version of the UNCITRAL Rules.

Unless the parties otherwise agree, the new procedures apply to arbitrations commenced on or after 1 January 2015 pursuant to an arbitration agreement or a treaty providing for the protection of investments or investors, which either (1) provides for these procedures to apply; or (2) provides for arbitration administered by HKIAC under the UNCITRAL Arbitration Rules or words to similar effect. Arbitration under the new procedures cover both international commercial arbitration and investor-State arbitration. Simon Mok Associate, Hong Kong T: +852 2287 2835 E: simon.mok@clydeco.com

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