HKIAC Arbitration Counsel
A Model Law seat with a working bridge to the Mainland.
Counsel in HKIAC arbitrations and in the recognition and enforcement of HKIAC awards under the New York Convention.
- Institution
- Hong Kong International Arbitration Centre
- Headquarters
- Hong Kong SAR, China
- Current rules
- 2024 HKIAC Administered Arbitration Rules
- In force from
- 1 June 2024
HKIAC arbitration
and the Mainland bridge.
The Hong Kong International Arbitration Centre administers arbitrations under the 2024 HKIAC Administered Arbitration Rules, which took effect on 1 June 2024. Arbitrations seated in Hong Kong are governed by the Arbitration Ordinance, based on the UNCITRAL Model Law, and the New York Convention applies to Hong Kong through China’s extension of the Convention on the resumption of sovereignty in 1997.
For disputes with Mainland Chinese counterparties, Hong Kong offers what few seats can: arrangements with the Mainland for the enforcement of arbitral awards and, since 1 October 2019, for Mainland courts to order interim measures in aid of Hong Kong-seated arbitrations administered by qualifying institutions, HKIAC among them. ME Law acts for parties in HKIAC arbitrations and their enforcement, with Hong Kong and PRC counsel wherever a court application is needed.
- 2024 HKIAC Rules proceedings
- Mainland interim measures (2019 Arrangement)
- Emergency arbitrator relief
- Enforcement in the Mainland and worldwide
For disputes with Mainland Chinese parties, the seat can decide whether relief reaches the assets. Hong Kong is built for that problem.
Relief that reaches
the assets
is planned at the start.
The value of a Hong Kong seat for a China-related dispute lies in the arrangements with the Mainland — for interim measures and for enforcement. They work only if the clause, the institution and the timing are right.
Qualifying for the arrangements
A Hong Kong seat and a qualifying institution are what open the Mainland interim-measures arrangement; we confirm both, with the scope, language and tribunal provisions.
Preservation where the assets are
Applications to Mainland courts for the preservation of assets, evidence or conduct, and emergency relief under the HKIAC Rules — sequenced so that the counterparty cannot move first.
Constitution and challenges
Nominations weighed for expertise, language and independence, and challenges where independence or impartiality is in doubt.
Disciplined timetables
Preliminary issues, bifurcation and the 2024 Rules’ time limits for closing the proceedings and issuing the award.
Mainland and worldwide
Enforcement in the Mainland under the awards arrangement, and elsewhere under the New York Convention.
HKIAC arbitration,
stage by stage.
Each stage of an institutional arbitration has its own rules, deadlines and strategic choices. Select a category to see the typical matters and the related services.
Commencing or Answering an HKIAC Case
Notices of arbitration, answers and counterclaims, and early applications on jurisdiction, joinder and the constitution of the tribunal.
- Notices of arbitration
- Answers and counterclaims
- Jurisdictional objections
- Joinder and consolidation
Mainland Interim Measures
Under the 2019 Arrangement, parties to Hong Kong-seated arbitrations administered by qualifying institutions may apply to Mainland courts for the preservation of property, evidence and conduct — before or during the arbitration.
- Property preservation
- Evidence preservation
- Conduct preservation
- Timing and security
Emergency Arbitrator Relief
Emergency arbitrator applications under the HKIAC Rules for urgent relief before the tribunal is constituted — relief that Hong Kong’s Arbitration Ordinance makes enforceable, with the court’s leave, like an order of the court — and interim relief from the Hong Kong courts.
- Emergency arbitrator applications
- Interim orders pending decision
- Tribunal-ordered interim measures
- Hong Kong court relief
Efficient Procedure
Early determination, the expedited procedure, bifurcation of preliminary issues, and the 2024 Rules’ requirement that proceedings close within 45 days of the last substantive submissions and the award follow within three months.
- Early determination
- Expedited procedure
- Bifurcation
- Information security
Multi-Party & Multi-Contract Cases
Single arbitrations under several contracts, consolidation of related HKIAC arbitrations, and concurrent proceedings before the same tribunal.
- Single arbitration, multiple contracts
- Consolidation
- Concurrent proceedings
- Joinder of parties
Enforcing & Challenging HKIAC Awards
Enforcing HKIAC awards under the New York Convention where the debtor’s assets are, defending them against set-aside at the seat, and resisting enforcement where a recognised ground exists.
- New York Convention enforcement
- Set-aside at the seat
- Freezing relief in aid of enforcement
- Resisting enforcement
HKIAC arbitration
and Hong Kong’s arrangements.
The 2024 HKIAC Rules
The 2024 HKIAC Administered Arbitration Rules took effect on 1 June 2024. The main changes:
- tribunals may determine preliminary issues and bifurcate the proceedings;
- proceedings are to be declared closed within 45 days of the last directed substantive submissions, with the award due within three months of closure;
- tribunals must consider information security when setting the procedure;
- the costs of emergency relief proceedings form part of the costs of the arbitration, apportioned by the tribunal.
The Rules continue to provide for emergency arbitrators, early determination, an expedited procedure, consolidation and single arbitrations under several contracts.
Hong Kong and the Mainland
- Interim measures. Since 1 October 2019, parties to arbitrations seated in Hong Kong and administered by qualifying institutions — HKIAC among them — may apply to the Mainland courts for the preservation of property, evidence and conduct, in support of the arbitration.
- Arbitral awards. Hong Kong awards are enforced in the Mainland, and Mainland awards in Hong Kong, under a 1999 arrangement between the two, supplemented in 2020 — not under the New York Convention.
- Court judgments. A separate arrangement for the reciprocal recognition and enforcement of judgments in civil and commercial matters took effect on 29 January 2024.
Enforcing an HKIAC award elsewhere
Outside the Mainland, a Hong Kong award is enforced under the New York Convention, which applies to Hong Kong through China’s extension — see award enforcement and our page on disputes with Chinese parties.
Claimants and respondents
under the same rules.
We act for claimants and respondents, and advise parties deciding whether these rules belong in their contracts.
Parties Contracting With Mainland Companies
Supply, distribution, joint-venture and services disputes with Chinese counterparties.
Investors in Greater China
Shareholder, investment and financing disputes with a Hong Kong seat.
Trade & Supply-Chain Companies
Manufacturing, sourcing and logistics disputes across the region.
Financial Institutions
Finance, guarantee and derivatives disputes under HKIAC clauses.
General Counsel
Clause drafting for China-related contracts and lead counsel alongside internal teams.
Hong Kong joins a Model Law seat to a working bridge with the Mainland. Clauses should be drafted to use both.
Facing an HKIAC arbitration?
Discuss it in confidence.
If you are in — or expect — a dispute with a Chinese counterparty under an HKIAC clause, speak with senior counsel about interim measures and enforcement before the first filing.
Consultations are held in person or by video, wherever you are. Describe the matter briefly — no confidential details are needed until a conflict check is complete.