HKCICA International Commerce Arbitration Service

Hong Kong Centre of International Commerce Arbitration (HKCICA)

HKCICA provide professional arbitration service in strict accordance with the United Nation’s " New York Convention " and international legal rules. It is missioned to provide the highest quality arbitration for commercial disputes. These services included:

• Arbitration proceedings
• Arbitration award drafting

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Model dispute resolution clause (Local Arbitration & International Dispute Resolution)

The following model arbitration clause may be adopted in the contract by its parties who wish to arrange for any future dispute with arbitration under the HKCICA Arbitration Rules

"Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong Centre of International Commercial Arbitration (“HKCICA”) in accordance with the Arbitration Rules of the Hong Kong Centre of International Commercial Arbitration ("HKCICA Rules") for the time being in force."

* The following are the additional terms for consideration:

• The seat of the arbitration shall be [Hong Kong].**
• The law of this arbitration clause shall be... [Hong Kong law]. **
• The Tribunal shall consist of [one or three] ** arbitrator(s).
• The language of the arbitration shall be [English]**.

**Adjusted according to clients’ requests

ii) International dispute resolution clauses

[Applicable to cross-regional and international disputes]

1) Model Clause for International Dispute Resolution (Enforcement of Settlement Agreements and Arbitral Awards Worldwide)

“Any dispute arising from or in connection with this contract shall be submitted to Hong Kong International Mediation Centre (HKIMC) for mediation, which shall be conducted in accordance with the Hong Kong International Mediation Centre’s Mediation Rules in effect at the time of mediation. Any settlement reached in the course of the mediation shall be referred to the Hong Kong Centre of International Commercial Arbitration (“HKCICA”) and shall be made a consent award on agreed terms.  If no settlement is reached, it shall be referred to and finally resolved by arbitration administered by the Hong Kong Centre of International Commercial Arbitration (“HKCICA”) in accordance with the Arbitration Rules of the Hong Kong Centre of International Commercial Arbitration ("HKCICA Rules") for the time being in force by one or more arbitrators.”

2) Model Clause for Dispute Resolution in China (Enforcement of Settlement Agreements and Arbitral Awards in China)

“Any dispute arising from or in connection with this contract shall be submitted to Hong Kong International Mediation Centre (HKIMC) for mediation, which shall be conducted in accordance with the Hong Kong International Mediation Centre’s Mediation Rules in effect at the time of mediation.  Any settlement reached in the mediation shall be referred to the People’s Court in China for Judicial confirmation. If no settlement is reached, it shall be referred to and finally resolved by arbitration administered by the Hong Kong Centre of International Commercial Arbitration (“HKCICA”) in accordance with the Arbitration Rules of the Hong Kong Centre of International Commercial Arbitration ("HKCICA Rules") for the time being in force by one or more arbitrators.”

Arbitration rules

The latest version of HKCICA Arbitration Rules 2019 v1.2 (“the Rules”) has been adopted by the Hong Kong Centre of International Commercial Arbitration (“HKCICA”) and is effective from 15 September 2019.

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Application method

Anyone, both or multiple-party/parties in any disputes involving Hong Kong, the Mainland or elsewhere may submit an application to HKCICA for arbitration. Please complete the Application Form [Word / PDF] and submit the following documents are required when applying for arbitration service at HKCICA:

• The names of all parties
• The facts of the dispute and request for arbitration
• Related evidence and documents
• Proof of identity
• If any party entrusts an attorney to participate in arbitration, a letter of attorney and authorisation shall be submitted.

Applicants may also be required to

• Sign documents of arbitration or judicial confirmation application;
• Appoint or authorise HKCICA to appoint one or more than one arbitrator(s) in the IDRRMI Panel of Arbitrators; and
• Prepay arbitration fee as requested by the arbitration institution

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Fee

Tables of fees for arbitration

The fee for HKCICA's arbitration service is payable to the "International Dispute Resolution and Risk Management Institute Limited"

Table of HKCICA Registration and Administration Fee (Schedule 1)

Amount in Dispute (HKD)	Administration Fee (HKD)
Range	Basic Fee	Additional Fee (% of dispute amount)	Range
0 - 500,000	18,000	-	18,000	18,000
500,001 – 1,000,000	18,000	1.2% of 500K and more	18,001	24,000
1,000,001 - 5,000,000	24,000	1.0% of 1M and more	24,001	64,000
5,000,001 - 10,000,000	64,000	0.45% of 5M and more	64,001	86,500
10,000,001 – 50,000,000	86,500	0.2% of 10M and more	86,501	166,500
50,000,001 - 150,000,000	166,500	0.1% of 50M and more	166,501	266,500
150,000,001 – 300,000,000	266,500	0.06% of 150M and more	266,501	356,500
300,000,001 – 500,000,000	356,500	0.05% of 350M and more	356,501	456,500
500,000,001 – 750,000,000	456,500	0.04% of 500M and more	456,501	556,500
> 750,000,000	556,500	0.04 % of 750M and more	556,501	> 556,501
Non-refundable registration Fee paid by the Claimant		6,000

HKCICA's Arbitral Tribunal Fee

Two types of fee charge methods (Schedule 2 and Schedule 3):

• Based on Hourly Rates (Schedule 2)

The maximum hourly rate of an arbitrator is HKD $ 6,500 per hour

*The suggested arbitrator hourly remuneration is for one arbitrator. If the parties in dispute agreed to appoint two or more arbitrators, the remuneration shall be in multiply of the number of arbitrators.

• Based on the Scheduled amount (Schedule 3)

When the arbitral tribunal fees are determined by the IDRRMI, they are in accordance with the table below:

Amount in Dispute (HKD)	Arbitral Tribunal Charge
Range	Basic Fee	Additional Fee (% of dispute amount)	Lower Limit	Upper Limit
0 - 500,000	35,000	-	35,000	35,000
500,001 – 1,000,000	35,000	8.0% of 500K and more	35,001	58,000
1,000,001 - 5,000,000	58,000	4.5% of 1M and more	58,001	238,000
5,000,001 - 10,000,000	238,000	1.7% of 5M and more	238,001	323,000
10,000,001 – 50,000,000	323,000	0.8% of 10M and more	323,001	643,000
50,000,001 - 150,000,000	643,000	0.3% of 50M and more	643,001	943,000
150,000,001 – 300,000,000	943,000	0.2% of 150M and more	943,001	1,243,000
300,000,001 – 500,000,000	1,243,000	0.04% of 350M and more	1,243,001	1,323,000
> 500,000,000	1,323,000	0.04% of 500M and more	1,323,001	8,000,000

Procedures