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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
Nov. 1, 2013
Applies to arbitration in which the Notice of Arbitration is submitted on or before said date
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
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
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
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
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
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
* 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
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
CLAIMANT – one or more claimants
RESPONDENT – one or more respondent
ADDITIONAL PARTY – one ore more additional
parties
PARTY OR PARTIES – claimants, respondents,
additonal parties
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
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
SEAT of Arbitration – PLACE
Practice Notes – to supplement, regulate and
implement these Rules
ENGLISH – original language