After much work from the HKIAC Rules Revision Committee and consultations, the new HKIAC Administered Arbitration Rules have been released. Sala Sihombing attended the first workshop conducted by the HKIAC to highlight changes in the structure and provisions of the rules.
Highlights included:
- the proposed introduction of a 'court' to take responsibility for decisions given the enhanced powers of the HKIAC under the new rules
- new powers for the HKIAC, such as the power to amend time limits (Article 2.4)
- no presumption regarding the number of arbitrators (Article 6.1)
- default fees to be included in Schedule 2 which shall be hourly (Article 10.1)
- interim measures which track closely the Arbitration Ordinance and the Model Law but which provide for wider measures than either (Article 23.3)
- expanded provisions relating to joinder (Article 27) including a provisional joinder power for the HKIAC (Article 27.8)
The HKIAC is intending to host further educational sessions in order to publicise the new rules which will come into force on 1 November 2013.