INTERNATIONAL ARBITRATION 1/3LY
WE STRIVE TO MAKE IT EASIER FOR THE PARTIES AND THE ARBITRATORS TO GET ON WITH WHAT THEY NEED TO DO TO RESOLVE THE DISPUTE QUICKLY.
CHIANN I don’t know the exact split but it’s generally in the range of 75 per cent international and 25 per cent domestic. KIM I know that the HKIAC does a lot of promotional road trips around the world and I was wondering: What are your current main areas of interest? Where have you been visiting, not so much to set up shop but to make your presence felt? CHIANN We spend the most time in Asia as you might expect. But we are also frequently further afield in Europe or the Americas. Over the last couple of years, we have rolled out a few events programmes where the idea is to add value to the dialogue rather than just to promote HKIAC wholesale. For example, we held a series of state-owned enterprise events all over the world, partly because there’s been interest in how state-owned enterprises operate and how to arbitrate against them. We have a good bit of experience in that regard so we thought it would be useful to share this information. We also know that industries are now seeking more tailored information as to how arbitration can cater to their industry, and have been working to establish more bespoke services to individual industries. KIM Which sorts of industries are the focal point? CHIANN It’s quite broad, but construction, maritime, financiaI, and intellectual property are all on our radar. KIM You mentioned before that numerous China-related arbitrations conducted at HKIAC. Do you know what the record is for enforcement of HKIAC or Hong Kong awards in China?
CHIANN Late last year, we held a panel in China and the PRC representative mentioned that between 2010 and 2012, 20 awards saw enforcement and reached the enforcement stage at the Supreme People’s Court. Seven of them were denied but not one of these was from Hong Kong.
HKIAC’S KEY SELLING POINTS
KIM When it comes to drafting arbitration clauses, I’m often asked by clients which seat to choose and which institution. What’s HKIAC’s biggest selling point and how does HKIAC differentiate itself from some of the other well-known institutions either in this region or internationally? CHIANN HKIAC has brought value to the arbitration process by thinking about it from the end user perspective. Our costs structures are intended to give parties a range of choices as to how they want to manage the process. Our aim is to appoint the right arbitrator and not interfere with the process after the right tribunal has been constituted. I think that many people like our “light touch” approach. My goal has been to get a high-quality secretariat in place so that we can strike the right tone when administering arbitrations. We are not in the business of interfering with the substance of the process but rather facilitating the arbitral process. We strive to make it easier for the parties and the arbitrators to get on with what they need to do to resolve the dispute quickly. I think this philosophy, along with our cost effective structure, puts us at an advantage. If we can continue to provide a high-quality service, hopefully word will travel. Then we will have established what we set out to do.
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