What the new HKIAC Rules mean for China-related arbitration

The Hong Kong International Arbitration Centre (HKIAC) has long been a leading choice for arbitration between Chinese and foreign parties. In 2012, 68% of all arbitrations handled by HKIAC were international. Chinese parties were by far the most frequent users. Although HKIAC traditionally administered international arbitrations under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, in 2008 it launched its own HKIAC Administered Arbitration Rules. Last year the number of cases fully administered under these rules represented a 40% year-on-year increase. Over the past two-and-a-half years, HKIAC's Rules Revision Committee embarked on a review of these rules and sought feedback through extensive consultation with the public as well as practitioners, arbitrators and other stakeholders. Its efforts culminated in the much-awaited new HKIAC Rules, which come into force on November 1 2013.

Key changes

The 2013 Rules retain HKIAC's light-touch approach and clarify but do not modify the substance of HKIAC arbitration. Equally, they have taken on-board emerging best practices worldwide to enhance the effectiveness and efficiency of HKIAC arbitration. Many of the key changes will have an impact on China-related arbitration.