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International Commerce Arbitration Service

Content

  1. Service provision
  2. Arbitration Clause
  3. Arbitration rules
  4. Application method
  5. Applicants are also required to
  6. Tables of fees for arbitration

Hong Kong Centre of International Commerce Arbitration (HKCICA)

The arbitration service of the IDRRMI is centralised under the division of Hong Kong Centre of International Commercial Arbitration (HKCICA). It is missioned to provide the highest quality arbitration for commercial disputes. These services included:

  • Arbitration proceedings
  • Arbitration award drafting

Arbitration Clause

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 IDRRMI Arbitration Rules

"Any dispute, difference, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be resolved by arbitration referred to International Dispute Resolution and Risk Management Institute (IDRRMI), Division of Hong Kong Centre of International Commercial Arbitration (HKCICA). It shall be settled by final and binding arbitration in accordance with its Arbitration Rules.”

* The following are the additional terms for consideration:

  • Optional: The number of arbitrators shall be [insert one or three].
  • Optional: The arbitration proceedings shall be conducted in [insert language].
  • Optional: The law of this arbitration clause shall be [insert jurisdiction].
  • Optional: The seat of arbitration shall be [insert location].

Arbitration rules

The latest version of IDRRMI Arbitration Rules 2019 (“the Rules”) has been adopted by Hong Kong Centre of International Commercial Arbitration (“HKCICA”) and 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. The following documents are required when applying for mediation 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 are also 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

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 18,000 8.0% of 500K and more 18,001 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

  1. 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.
  2. 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.
  3. 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.
  4. After all 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.
  5. 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.
  6. All parties should jointly appoint an arbitrator(s) within 30 days from the day of receiving the notification of arbitrator(s) appointment.
  7. If there is no consensus as at the deadline, HKCICA would specify an arbitrator to handle the case.