Originally from Business Disputes In China - 3rd Edition

HONG KONG INTERNATIONAL ARBITRATION CENTRE ADMINISTERED ARBITRATION RULES Effective 1st September 2008

INTRODUCTION

These Rules have been adopted by the Council of the Hong Kong International Arbitration Centre (HKIAC) for use by parties who seek the formality and convenience of an administered arbitration.

APPLICATION

These Rules may be adopted in an arbitration agreement or by an agreement in writing at any time before or after a dispute has arisen. These Rules may be adopted for use in both domestic and international arbitral proceedings. Provisions regarding the scope of application of these Rules are set out in Article 1.

EFFECTIVENESS

These Rules have been adopted to take effect from 1 September 2008, in accordance with the provisions of Article 1 of the Rules.

SUGGESTED CLAUSES

1. The following model clause may be adopted by the parties to a contract who wish to have any future disputes referred to arbitration in accordance with these Rules:

“Any dispute, controversy or claim arising out of or relating to this contract, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with these Rules.

* The number of arbitrators shall be … (one or three). The arbitration proceedings shall be conducted in …. (insert language).”

* Optional