Content
- Service provision - HKCICA
- Arbitration Clause
- Arbitration rules
- Application method
- Applicants are also required to
- Tables of fees for arbitration
- Procedure
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
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.
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
Fee
Tables of fees for arbitrations
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 |
Procedure (Arbitration & Ad-hoc arbitration)
Application and Case administration
- The Claimant shall complete the registration form for HKCICA arbitration service and pay the non-refundable registration fee (HK$6,000) to "International Dispute Resolution and Risk Management Institute Limited", regardless of the participation of all the parties in the Arbitration Mechanism.
- The Secretariat of HKCICA would, on receipt of the application for arbitration service, end the invitation to contact all the other parties (if required) and encourage other parties to settle the dispute by the Arbitration Mechanism. Other parties should reply in writing about their acceptance to engage in arbitration within 30 days from the day of notification.
- The Secretariat of HKCICA will remind other parties that if no response is received within the time limit, the parties will be regarded as rejecting arbitration.
Constitution of Arbitration Tribunal
- After all of the parties agree to engage in arbitration and pay the respective arbitration fee, the Secretariat of HKCICA will officially commence the arbitration appointment procedures and arrange verification of relevant evidence submitted by the parties.
- All parties should jointly appoint an arbitrator(s)* within 30 days from the day of receiving the notification of arbitrator(s) appointment.
- In any case the appointed arbitrator(s) is not available to perform his/her duties, another arbitrator would be nominated by HKCICA unless otherwise agreed by the parties.
- If there is no consensus at the deadline, HKCICA would specify an arbitrator to handle the case.
* You may refer to "selection of appropriate professional arbitrators / Formation of the Arbitral Tribunal"