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ARTICLE 1 - 3 (97-2003)

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Page 1: ARTICLE 1 - 3 (97-2003)
Page 2: ARTICLE 1 - 3 (97-2003)
Page 3: ARTICLE 1 - 3 (97-2003)

Govern arbitrations where an arbitration agreement either:

a. provides for these Rules to apply b. provides for arbitration administered by HKIAC

HKIAC as appointing authority or request certain services from HKIAC

Page 4: ARTICLE 1 - 3 (97-2003)

Nov. 1, 2013

Applies to arbitration in which the Notice of Arbitration is submitted on or before said date

Page 5: ARTICLE 1 - 3 (97-2003)

Art. 23.1 – Urgent interim or conservatory

relief Art. 28 – Consolidation of Arbitration Art. 29 - Single Arbitration under Multiple Contract

* Not applicable to arbitration where arbitration agreement was concluded before November 1, 2013

Page 6: ARTICLE 1 - 3 (97-2003)

Any notice or other written communication shall be deemed received by a party, arbitrator, or HKIAC if:

(a)Delivered by hand, registered post or courier service to

i. address of the addressee or its representative

Page 7: ARTICLE 1 - 3 (97-2003)

ii. address specified in the agreement

iii. any address which the addressee holds out to the world at the time of such delivery

iv. last known address of the addressee

Page 8: ARTICLE 1 - 3 (97-2003)

b) transmitted by facsimile, email or any other means of telecommunication that provides records of transmission, including time and date, to:

i. facsimile or email ad of person or its representative

ii. specified in the agreement

iii. which the addressee holds out to the

world

Page 9: ARTICLE 1 - 3 (97-2003)

Received on the earliest day when it is

delivered

Date - local time at the place of receipt

Delivered or transmitted to more than one party or more than one arbitrator

- received when delivered or transmitted to the last

intended recipient

Page 10: ARTICLE 1 - 3 (97-2003)

PERIOD OF TIME – on the day following the day when

a notice, notification, communication or proposal is received or deemed to be received

* Last day is an official holiday, non-business day

- extended until the first business day

which follows

Page 11: ARTICLE 1 - 3 (97-2003)

* Official holidays or non-business days occurring during the running of the period of time shall be included in calculating the period

HKIAC may amend time limits - provided by the rules - set by HKIAC

May not amend time limits set by ARBITRAL TRIBUNAL

Page 12: ARTICLE 1 - 3 (97-2003)

Inconsistency - Arbitral Tribunal’s interpretation shall prevail

Decisions rendered by HKIAC - FINAL and subject to NO

APPEAL

References *to HKIAC* - to the Council of HKIAC or any

committee, sub-committee - to the Secretary General and

other staff members of the Secretariat

Page 13: ARTICLE 1 - 3 (97-2003)

CLAIMANT – one or more claimants

RESPONDENT – one or more respondent

ADDITIONAL PARTY – one ore more additional

parties

PARTY OR PARTIES – claimants, respondents,

additonal parties

Page 14: ARTICLE 1 - 3 (97-2003)

ARBITRAL TRIBUNAL – one or more arbitrators

but does not include EMERGENCY ARBITRATOR

WITNESS EXPERT

CLAIM OR COUNTERCLAIM - any claim or claims by any party

against any other party

Page 15: ARTICLE 1 - 3 (97-2003)

DEFENSE – any defense or defenses by any party to

any claim or counterclaim submitted by any other party

- defense for set-off

AWARD – interim, interlocutory, partial or final award except awards made by Emergency Arbitrator

Page 16: ARTICLE 1 - 3 (97-2003)

SEAT of Arbitration – PLACE

Practice Notes – to supplement, regulate and

implement these Rules

ENGLISH – original language


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