The China International Economic and Trade Arbitration Commission (CIETAC) Hong Kong Arbitration Centre (HKAC) has concluded several cases since CIETAC’s new Arbitration Rules took effect from
1 January. This article discusses the features of HKAC arbitration and aims to share some of HKAC’s case experience.
There are a number of questions frequently asked by practitioners before submitting a dispute before HKAC. What procedural rules apply? How are conflicts between the procedural laws and the Arbitration Rules handled? What kind of arbitral award is rendered in HKAC and how can it be enforced?
Unlike in simple arbitration cases before Chinese arbitral institutions which involve foreign parties, parties before HKAC must consider these questions due to the nature of HKAC. HKAC is CIETAC’s first subcommission based outside mainland jurisdiction. CIETAC’s Arbitration Rules apply to the cases it administers.
Wang Wenying is secretary general of CIETAC Hong Kong Arbitration Center