These Rules have been adopted by Hong Kong Arbitration Society for use by Parties who seek the formality and convenience of an administered arbitration.

These Rules may be adopted in an arbitration agreement by arbitration clause or by an agreement in writing at any time before or after a dispute has arisen. Provisions regarding the scope of application of these Rules are set out in Article 1.

These Rules have been adopted to take effect from 1st January 2021, in accordance with the provisions of Article 1 of the Rules.

1. The following model clause may be adopted by the Parties into a contract who wish to have any future disputes referred to arbitration in accordance with these Rules:
"Any dispute or difference arising out of or in connection with this contract shall be referred to and finally determined by an arbitration administrated by the Hong Kong Arbitration Society and in accordance with the Hong Kong Arbitration Society Rules for the time being in force.""

2. Parties to an existing dispute in relation to which neither an arbitration clause nor a previous agreement for arbitration exists, who nevertheless wish to refer such dispute to an arbitration under the Rules, may agree to do so in the following terms:
"We, the undersigned, agree to refer to arbitration administered by Hong Kong Arbitration Society under the Hong Kong Arbitration Society Rules any dispute, controversy, difference or claim (including any dispute regarding non-contractual obligations) arising out of or relating to:
(Brief description of contract under which disputes, controversies, differences or claims have arisen or may arise.)
The law of this arbitration clause shall be the laws of Hong Kong. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration shall be international and the subject-matter of the arbitration agreement relates to more than one country. The arbitration proceedings shall be conducted in English and the Award shall be written in English. 

Signed: __________ (1st Party)
Signed: __________ (2nd Party)
Date: __________”

1.1 These Rules shall govern arbitrations where an arbitration agreement entered into by the Parties (whether entered into before or after a dispute has arisen) either: (a) provides for these Rules to apply; or (b) subject to Articles 1.2 and 1.3 below, provides for arbitration "administered by Hong Kong Arbitration Society" or contains words to similar effect.

1.2 Nothing in these Rules shall prevent the Parties to a dispute or arbitration agreement from naming Hong Kong Arbitration Society as the appointing authority, or from requesting certain administrative services from Hong Kong Arbitration Society, without subjecting the arbitration to the provisions contained in these Rules. For the avoidance of doubt, these Rules shall not govern arbitrations where an arbitration agreement provides for arbitration under other rules, including other rules adopted by Hong Kong Arbitration Society from time to time.

1.3 The arbitration agreement shall be made in writing. Written forms include, amongst others, paper contracts, electronic contracts, letters, telegrams, telexes, faxes, electronic data exchanges and e-mails that can tangibly represent the content contained therein.

1.4 If the Parties agree to conduct arbitration in accordance with these Rules, but have not agreed upon the choice of arbitration institution, they shall be deemed to have agreed to submit the dispute to Hong Kong Arbitration Society for arbitration.

1.5 These Rules shall come into force on 1st January 2020 and, unless the Parties have agreed otherwise, shall apply to all arbitrations falling within Article 1.1 in relation to which the Notice of Arbitration is submitted on or after that date.

2.1 Any notice or other written communication or other arbitration documents (including, amongst others, Arbitration Notice, Response and Response to Counterclaim) pursuant to these Rules shall be deemed to be received by a Party or the Arbitral Tribunal or by Hong Kong Arbitration Society if they are:

(a) delivered by hand, post or courier service to:

(i) the address of the addressee or its representative as notified in writing in the arbitration; or

(ii) in the absence of (i), to the address specified in any applicable agreement between the relevant Parties; or

(iii) in the absence of (i) and (ii), to any address which the addressee holds out to the world at the time of such delivery; or

(iv) in the absence of (i), (ii) and (iii), to any last known address of the addressee; or

(b) transmitted by facsimile, e-mail, electronic data interchange, electronically via the internet or any other means of telecommunication that provides a record of its transmission, including the time and date, to:

(i) the facsimile number, telephone number or email address (or equivalent) of that person or its representative as notified in the arbitration; or

(ii) in the absence of (i), to the facsimile number, telephone number or email address (or the equivalent) specified in any applicable agreement between the relevant Parties; or

(iii) in the absence of (i) and (ii), to any facsimile number, telephone number or email address (or the equivalent) which the addressee holds out to the world at the time of such transmission.

2.2 Any such notice or written communication shall be deemed to be received on the earliest day when it is delivered pursuant to paragraph (a) above or transmitted pursuant to paragraph (b) above. For this purpose, the date shall be determined according to the local time at the place of receipt. Where such notice or written communication is being delivered or transmitted to more than one party, or more than one arbitrator, such notice or written communication shall be deemed to be received when it is delivered or transmitted pursuant to paragraph (a) or (b) above to the last intended recipient.

2.3 For the purposes of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice, notification, communication or proposal is received or deemed to be received. If the last day of such period is an official holiday or a non-business day at the place of receipt, the period shall be extended until the first business day which follows. Any official holidays or non-business days occurring during the running of the period of time shall be included in calculating the period.
 

3.1 Hong Kong Arbitration Society shall have the power to interpret and determine the applicability of all provisions of these Rules. The Arbitral Tribunal shall interpret and determine the applicability of the Rules insofar as they relate to its powers and duties hereunder. Such interpretations are final and binding upon the Parties. In the event of any inconsistency between such interpretation by the Arbitral Tribunal and any interpretation by Hong Kong Arbitration Society, the interpretation of Hong Kong Arbitration Society shall prevail. 

3.2 Hong Kong Arbitration Society and the Arbitral Tribunal shall have the power to make decision pursuant to these Rules. In the event of any inconsistency between such decision by the Arbitral Tribunal and any decision by Hong Kong Arbitration Society, the decision of Hong Kong Arbitration Society shall prevail. 

3.3 Hong Kong Arbitration Society and the Arbitral Tribunal have no obligation to give reasons for any decision it makes in respect of any arbitration commenced under these Rules. All decisions made by Hong Kong Arbitration Society and the Arbitral Tribunal under these Rules are final and, to the extent permitted by any applicable law, not subject to appeal.  

3.4 These Rules include all Schedules attached thereto as amended from time to time by Hong Kong Arbitration Society and which came into force on the date on which the Notice of Arbitration is submitted. 

3.5 Hong Kong Arbitration Society may from time to time issue practice notes to supplement, regulate and implement these Rules for the purpose of facilitating the administration of arbitrations. English is the original language of these Rules. In the event of any discrepancy or inconsistency between the English version and the Chinese version, the English version shall prevail.

4.1 ‘Arbitration’ means the process of arbitration of a dispute under Hong Kong Arbitration Society Rules;  

4.2 ‘Arbitral Tribunal’ means a tribunal formed by person who is appointed by Hong Kong Arbitration Society to act as an arbitrator;  

4.3 ‘Award’ means an arbitral award rendered by the Arbitral Tribunal which is final and binding on the Claimant and the Respondent; 

4.4 ‘Certification Statement’ means a statement certified by a Party in the form of “I certify the information contained in this statement is true and correct”; 

4.5 ‘Claim’ means a claim against a Respondent; 

4.6 ‘Claimant’ means a person sending or who has sent a Notice of Arbitration to Hong Kong Arbitration Society; 

4.7 ‘Counterclaim’ means a claim raised by a Respondent against the Claimant; 

4.8 ‘Court’ means the courts of the Hong Kong Special Administrative Region;  

4.9 ‘Hearing’ means a hearing fixed on a date by the Arbitral Tribunal in the process of Arbitration; 

4.10 ‘Hong Kong’ means the Hong Kong Special Administrative Region; 

4.11 ‘List of Arbitrators’ means Hong Kong Arbitration Society’s list of arbitrators for arbitration; 

4.12 ‘Notice of Arbitration’ means a written notice sent by a Claimant to Hong Kong Arbitration Society and the Respondent to request the initiation of Arbitration;  

4.13 ‘Response’ means a written response to the Notice of Arbitration sent by the Respondent to Hong Kong Arbitration Society and the Claimant;  

4.14 ‘Response to Counterclaim’ means a written response to the Counterclaim sent by the Claimant to Hong Kong Arbitration Society and the Respondent;  

4.15 ‘Parties’ means a Claimant and the corresponding Respondent;  

4.16 ‘Rule’ means a term and/or condition set out in these Rules;  

4.17 ‘Written’ or ‘in writing’ means forms that can therein tangibly represent the content contained including, amongst others, paper forms, electronic forms, letters, telegrams, telexes, faxes, electronic data exchanges and e-mails etc.;  

4.18 References to the male gender include, where the context admits, the female gender and vice versa and references to the singular number include, where the context admits, the plural number and vice versa.  

4.19 References in the Rules to the seat of arbitration shall mean the place of arbitration as referred to in Article 20.1 of the UNCITRAL Model Law on International Commercial Arbitration as adopted on 21st June 1985 and as amended on 7th July 2006.  

5.1 The Arbitration may be commenced by the Claimant giving to Hong Kong Arbitration Society a Notice of Arbitration in written form together with copies of all the relevant supporting documents. The Notice of Arbitration shall be filed by the Claimant in a number of copies sufficient to provide one copy each for the Arbitral Tribunal and Hong Kong Arbitration Society and shall be sent by the Claimant to the Respondent.  

5.2 The Notice of Arbitration shall include the following:  

(a) a request that the Dispute be referred to Arbitration;  

(b) the names, addresses, telephone numbers and email addresses of the Parties;  

(c) identification of the arbitration agreement that is invoked (if any);  

(d) a statement of facts to support the claim signed by the Claimant with the Certification Statement;

(e) the points at issue;  

(f) the legal arguments supporting the claim;  

(g) copies of the documents on which the Claimant relies which are directly relevant to the points at issue and the outcome of the Arbitration; 

(h) the relief or remedy sought;  

(i) the existence of any funding agreement and the identity of any third party funder pursuant to Article 25; 

(j) a proposal on the appointment of Arbitrator and the language of Arbitration (as the case may be); and 

(k) confirmation that copies of the Notice of Arbitration and any supporting materials included with it have been or are being communicated simultaneously to the Respondent by one or more means of service to be identified in such confirmation. 

5.3 The appointment of the Arbitrator shall not be hindered by any controversy with respect to the sufficiency of the Notice of Arbitration, which shall be finally resolved by the Arbitral Tribunal. The Claimant shall rectify any non-compliance in the Notice of Arbitration upon request by Hong Kong Arbitration Society within 7 days of the receipt of such request.  

5.4 Unless otherwise decided by Hong Kong Arbitration Society, the Arbitration shall be deemed to commence on the date on which the Notice of Arbitration is duly received by Hong Kong Arbitration Society.  

6.1 Unless otherwise decided by Hong Kong Arbitration Society, the Respondent shall, within 14 days of the service of the Notice of Arbitration or the rectification pursuant to Article 5.3 whichever is later, send to Hong Kong Arbitration Society and the Claimant the Response together with copies of all the documents relied on in addition to those already provided by the Claimant. The Response shall be filed with Hong Kong Arbitration Society in a number of copies sufficient to provide one copy each for the Arbitral Tribunal and Hong Kong Arbitration Society and shall be sent by the Respondent to the Claimant.  

6.2 The Response shall include: 

(a) the names, addresses, telephone numbers and email addresses of the Respondent;  

(b) any response to the information set forth in the Notice of Arbitration;  

(c) a statement of facts supporting the defence signed by the Respondent with the Certification Statement;  

(d) the points at issue; 

(e) the legal arguments supporting the Response; 

(f) any counterclaim, together with a statement of counterclaim stating the facts to support the counterclaim; the points at issue; the legal arguments supporting the counterclaim; and the relief or remedy sought;

(g) copies of the documents on which the Respondent relies in addition to those already provided by the Claimant which are directly relevant to the points at issue and the outcome of the Arbitration;  

(h) the existence of any funding agreement and the identity of any third party funder pursuant to Article 25;  

(i)a proposal on the appointment of Arbitrator and the language of Arbitration (as the case may be); and  

(j) confirmation that copies of the Response and any supporting materials included with it have been or are being communicated simultaneously to all other Parties to the Arbitration by one or more means of service to be identified in such confirmation.  

6.3 Upon receipt of the Notice of Arbitration and the Response from the Parties, a single Arbitrator will be appointed pursuant to Article 12 who shall resolve any dispute or controversy in connection with the language of the Arbitration and/or the sufficiency of the Notice of Arbitration and/or the Response.  

6.4 The appointment of the Arbitrator shall not be hindered by any controversy with respect to the Respondent’s failure to file a Response to the Notice of Arbitration, or an incomplete or late response to the Notice of Arbitration, which shall be finally resolved by the Arbitral Tribunal. The Respondent shall rectify any non-compliance in the Response upon request by Hong Kong Arbitration Society within 7 days of the receipt of such request.  

6.5 If, within 14 days of the service of the Notice of Arbitration, the Respondent has failed to file the Response to Hong Kong Arbitration Society without showing sufficient cause for such failure, Hong Kong Arbitration Society may proceed with the Arbitration and make an award on the basis of the information and evidence before it without a hearing unless Hong Kong Arbitration Society is of the opinion that a hearing is necessary. 
 

7.1 Unless otherwise decided by Hong Kong Arbitration Society or the Arbitral Tribunal or it is agreed by the Parties, the Claimant shall, in the event that the Response contains a Counterclaim, within 7 days of the service of the Response or the rectification pursuant to Article 6.4, whichever is later, send to Hong Kong Arbitration Society and the Respondent a Response to Counterclaim together with copies of all the documents relied on in addition to those already provided in the Notice of Arbitration and the Response. The Response to counterclaim shall be filed with Hong Kong Arbitration Society in a number of copies sufficient to provide one copy each for the Arbitral Tribunal and Hong Kong Arbitration Society and shall be sent by the Claimant to the Respondent.  

7.2 The Response to Counterclaim shall include: 

(a) any response to the information set forth in the counterclaim of the Response; 

(b) a statement of facts to support the defence to counterclaim signed by the Claimant with the Certification Statement; 

(c) the points at issue; 

(d) the legal arguments supporting the Response to Counterclaim;

(e) copies of the documents on which the Claimant relies in addition to those already provided in the Notice of Arbitration and the Response which are directly relevant to the points at issue and the outcome of the Arbitration; and 

(f) confirmation that copies of the Response to Counterclaim and any supporting materials included with it have been or are being communicated simultaneously to all other parties to the Arbitration by one or more means of service to be identified in such confirmation.  

7.3 If, within 7 days of the service of the Response that contains a Counterclaim, the Claimant has failed to file the Response to Counterclaim to Hong Kong Arbitration Society without showing sufficient cause for such failure, Hong Kong Arbitration Society may proceed with the Arbitration in respect of the counterclaim and make an award in respect of the counterclaim on the basis of the information and evidence and the additional information and evidence requested by the Arbitral Tribunal before it without a hearing unless Hong Kong Arbitration Society is of the opinion that a hearing is necessary.

8.1 The Parties may request evidence and information from each other. Unless otherwise decided by Hong Kong Arbitration Society or the Arbitral Tribunal, all requests for the production of evidence and information must be served on Hong Kong Arbitration Society and the other Party within 7 days after the service of the Response. The requests shall be filed with Hong Kong Arbitration Society in a number of copies sufficient to provide one copy each for the Arbitral Tribunal and Hong Kong Arbitration Society and shall be sent by that Party to the other Party. 

8.2 The Arbitral Tribunal may consider requesting evidence and information at the time of making the Preliminary Enquiry. Subject to Articles 17.4 and 17.8, unless the Arbitral Tribunal decides otherwise, the Parties shall not produce any additional evidence or information, except when the Arbitration Notice, Response or Response to counterclaim (if any) has been served or when further evidence or information as requested at the time of making the Preliminary Enquiry (if any) has been submitted by the Parties. 

9.1 In the event that the Arbitral Tribunal is of the opinion that it is necessary to make a Preliminary Enquiry, unless otherwise decided by Hong Kong Arbitration Society or the Arbitral Tribunal, the Arbitral Tribunal shall, within 14 days of the service of the Response, or 7 days of the service of the Response to Counterclaim, or 7 days of the Request for production of evidence and information (as the case may be), make a Preliminary Enquiry to require either Party to submit to him and the other Party such further evidence or information as he considers necessary for him to make his decision. Unless the Arbitral Tribunal is of the opinion that a preliminary meeting is necessary, the Preliminary Enquiry shall be conducted without a preliminary meeting. In the event that the Arbitral Tribunal is of the opinion that a preliminary meeting is necessary, the Arbitral Tribunal has the sole discretion to decide whether the preliminary meeting is to be conducted in person, by video conference, by telephone, online or other electronic or computer communication forms. The Arbitral Tribunal shall be entitled to make a written, audio and/or video record of the preliminary meeting (if any). 

9.2 A Party shall, unless otherwise decided by the Arbitral Tribunal or agreed by the Parties, within 14 days of a request made under the Preliminary Enquiry, send to Hong Kong Arbitration Society and the other Party a statement of the information signed by that Party with the Certification Statement, together with copies of the documents requested under the Preliminary Enquiry. It shall be filed with Hong Kong Arbitration Society in a number of copies sufficient to provide one copy each for the Arbitral Tribunal and Hong Kong Arbitration Society and shall be sent by that Party to the other Party.  

10.1 For an amount in dispute at or under HK$250,000, unless otherwise agreed by the Parties or decided by Hong Kong Arbitration Society or the Arbitral Tribunal, the Arbitration is to be decided on documents only, no hearing shall be held and the provisions of Articles 10.6 - 10.10 shall not apply.  

10.2 For an amount in dispute of over HK$250,000, unless the Arbitral Tribunal decides otherwise, the Arbitral Tribunal shall fix a date for the Hearing and shall hold the Hearing within one month after the making of the Preliminary Enquiry. 

10.3 The Arbitral Tribunal shall be entitled to hold the Hearing notwithstanding the failure or refusal of any party to comply with these Rules or with the Arbitral Tribunal’s written orders or written directions. Such power shall extend to allow the Hearing to proceed on an ex-parte basis. 

10.4 If one of the Parties, duly notified under these Rules, fails to present its case or attend the Hearing in accordance with these Rules, including as and when directed by the Arbitral Tribunal, without showing sufficient cause for such failure, the Arbitral Tribunal may proceed with the Arbitration and make an award on the basis of the evidence and information before it. 

10.5 Any Party’s submissions (if any) shall be provided to Hong Kong Arbitration Society and the other Party within 7 days after filing the statement of information as requested under the Preliminary. The submissions shall be filed in a number of copies sufficient to provide one copy each for the Arbitral Tribunal and Hong Kong Arbitration Society and shall be sent by that Party to the other Party.  

10.6 Unless the Arbitral Tribunal decides otherwise, the Hearing shall be conducted in person. The Arbitral Tribunal has however the sole discretion to decide whether the Hearing is to be conducted by other forms such as video conference, telephone, online or other electronic or computer communication forms, or on documents only. 

10.7 Unless otherwise agreed by the Parties or decided by Hong Kong Arbitration Society or the Arbitral Tribunal, the length of the Hearing shall be one day and shall be conducted on the date of the Hearing as set down in accordance with these Rules, from 10am to 1pm and from 2pm to 5pm. 

10.8 The Arbitral Tribunal shall be entitled to make a written, audio and/or video record of the Hearing. 

10.9 Unless the Arbitral Tribunal decides otherwise, the sequence of events at the Hearing will be as follows: 

(a) The Claimant will make his submission for not more than one hour;
(b) The Respondent will make his submission for not more than one hour thereafter;  
(c) The Arbitral Tribunal will make enquiries with the Parties for not more than three hours thereafter. The Arbitral Tribunal can at his sole discretion set the time for making enquiries with each Party.  
(d) The Respondent will make his reply for not more than thirty minutes thereafter;  
(e) The Claimant will make his reply for not more than thirty minutes thereafter. 

10.10 Unless the Arbitral Tribunal decides otherwise, the Parties shall take turns to make submissions in the sequence of the Hearing stipulated in Article 10.9. When a Party is making submissions, the other Party shall not interrupt.  

11.1 Any Party may object to the existence or validity of the arbitration agreement or jurisdiction of Hong Kong Arbitration Society. The Party shall file the above-mentioned objection within 14 days of the service of the Arbitration Notice. The other Party may make a reply to the above-mentioned objection within 7 days from the date of receiving the above-mentioned objection. 

11.2 Any Party filing an objection pursuant to Article 11.1 of these Rules shall pay a non-refundable fee of HK$50,000. Where the objection is filed by more than one Party, those Parties shall pay the fee in equal shares unless otherwise decided by Hong Kong Arbitration Society or agreed by the Parties. Unless otherwise agreed by Hong Kong Arbitration Society, that Party has to pay the whole sum of the fee when the objection is filed by that Party. 

11.3 Hong Kong Arbitration Society shall have the power to determine the existence or the validity of the contract of which an arbitration clause forms a part, or of the jurisdiction of Hong Kong Arbitration Society. For the purposes of Article 11, an arbitration clause which forms part of a contract and which provides for arbitration under these Rules shall be treated as an agreement independent of the other terms of the contract. A decision by Hong Kong Arbitration Society that the contract is null and void shall not necessarily entail the invalidity of the arbitration clause.  

11.4 Hong Kong Arbitration Society may directly make a decision on whether an arbitration agreement exists or is valid or whether Hong Kong Arbitration Society has jurisdiction or may authorize the Arbitral Tribunal to make the above-mentioned decision.  

11.5 The arbitration proceedings may continue to proceed until a decision is made on the objection to the existence and validity of the arbitration agreement and/or the jurisdiction of Hong Kong Arbitration Society.  

11.6 The decision of Hong Kong Arbitration Society as to the existence and validity of the arbitration agreement and the jurisdiction of Hong Kong Arbitration Society is without prejudice to the admissibility or merits of any Party’s pleas.  

12.1 The Claimant and the Respondent may agree on the appointment of the Arbitrator from the List of Arbitrators. If the Parties fail to agree on the appointment of the Arbitrator within 3 days after the service of the Response or the Respondent has failed to file the Response with Hong Kong Arbitration Society without showing sufficient cause for such failure, Hong Kong Arbitration Society shall have the sole discretion to appoint the Arbitrator and shall confirm in writing to the Parties the appointment of the Arbitrator.  

12.2 The appointment of the Arbitrator takes effect upon confirmation in writing by Hong Kong Arbitration Society.  

12.3 Unless otherwise agreed by the Parties or decided by Hong Kong Arbitration Society, the number of arbitrators shall be one.  

13.1 The Arbitrator appointed under these Rules shall be and remain at all times impartial and independent when exercising his duties in the Arbitration.  

13.2 Before appointing an Arbitrator, Hong Kong Arbitration Society will notify the potential Arbitrator(s) of the nature of the Dispute and the identity of the Parties. Each potential Arbitrator must make a reasonable effort to learn of, and must disclose to Hong Kong Arbitration Society, any circumstances which might preclude the potential Arbitrator from rendering an objective and impartial determination in the proceedings, such as:  

(a) Any direct or indirect financial or personal interest in the outcome of the Arbitration;  

(b) Any existing or past financial, business, professional, family, social, or other circumstances or relationships with any Party, or anyone who the potential Arbitrator is told may be a witness and/or an expert in the Arbitration, that are likely to affect impartiality or might reasonably create the appearance of partiality or bias; or  

(c) Any such circumstances or relationships involving members of the potential Arbitrator’s family or the potential Arbitrator’s current employers, partners, or business associates.

13.3 The obligation under Article 13.2 to disclose interests, relationships, or circumstances that might preclude a potential Arbitrator from rendering an objective and impartial determination is a continuing duty that requires an Arbitrator who accepts appointment to arbitration proceedings to disclose, at any stage of the proceedings, any such interests, relationships, or circumstances that arise, or are recalled or discovered.

13.4 Hong Kong Arbitration Society will inform the Parties of any information disclosed to Hong Kong Arbitration Society under Articles 13.2 and 13.3 by the potential Arbitrator and/or the Arbitrator, unless the potential Arbitrator declines appointment or voluntarily withdraws from the Arbitration as soon as the Arbitrator learns of any interest, relationship or circumstance that might preclude the Arbitrator from rendering an objective and impartial determination in the proceedings, or Hong Kong Arbitration Society removes the Arbitrator from the proceedings.

13.5 Subject to Articles 13.2 and 13.3, the Arbitrator shall confirm in writing that there is no conflict of interest in relation to his appointment as the Arbitrator of the Dispute.

14.1 Hong Kong Arbitration Society may remove an Arbitrator from the proceedings due to the reason of conflict of interest or bias, either upon the request of a Party or on Hong Kong Arbitration Society’s own initiative.  

14.2 Any challenge against an Arbitrator, whether for an alleged lack of impartiality or independence, or otherwise, shall be made by a Party to Hong Kong Arbitration Society in a written statement specifying the facts and circumstances on which the challenge is based and shall be decided by Hong Kong Arbitration Society. 

14.3 The Party submitting the written statement pursuant to Article 14.2 of these Rules shall pay a non-refundable fee of HK$50,000. Where the written statement is submitted by more than one Party, those Parties shall pay the fee in equal shares unless otherwise decided by Hong Kong Arbitration Society or agreed by the Parties. Unless otherwise agreed by Hong Kong Arbitration Society, that Party has to pay the whole sum of the fee when the written statement is submitted by that Party. 

14.4 For a challenge to be admissible, it must be submitted by a Party either within 7 days from receipt by that Party of the confirmation of the Arbitrator, or within 7 days from the date when the Party making the challenge was notified of the facts and circumstances on which the challenge is based if such date is subsequent to the receipt of such notification. 

14.5 Hong Kong Arbitration Society will, at its sole discretion, decide on the admissibility and/or the merits of a challenge. Hong Kong Arbitration Society may grant a Party’s request to remove an Arbitrator from the proceedings if it is reasonable to infer, based on information known at the time of the request, that the Arbitrator is biased, lacks impartiality, or has a direct or indirect interest in the outcome of the Arbitration. The interest or bias must be definite and capable of reasonable demonstration, rather than remote or speculative.  

14.6 Hong Kong Arbitration Society must first notify the Parties in writing before removing an Arbitrator on its own initiative. 

15.1 Subject to Article 18.1, all evidence or information supplied to the Arbitral Tribunal by one Party shall at the same time be communicated by that Party to the other Parties and Hong Kong Arbitration Society.  

15.2 The Arbitral Tribunal may appoint a secretary or arbitrator assistant. The secretary or arbitrator assistant shall remain at all times impartial and independent of the Parties, and shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence prior to his appointment. A secretary or arbitrator assistant, once appointed and throughout the Arbitration, shall disclose to the Parties without delay any such circumstances as soon as they arise, unless the Parties have already been informed by him of those circumstances.  

15.3 The Arbitral Tribunal and the Parties shall do everything necessary to ensure the fair and efficient conduct of the Arbitration.  

15.4 In all matters not expressly provided for in these Rules, Hong Kong Arbitration Society, the Arbitral Tribunal and the Parties shall act in accordance with the spirit of these Rules.  

15.5 The Arbitral Tribunal shall make every reasonable effort to ensure that an Award is valid.  

15.6 In all cases, the Arbitral Tribunal shall ensure that the Parties are treated impartially and that each Party is given a fair opportunity to present its case, give its reasons and provide evidence.  

15.7 At any time after the commencement of the Arbitration, the Arbitral Tribunal or Hong Kong Arbitration Society may require written proof of the authority of any representative of the Parties.  

15.8 Unless otherwise agreed by the Parties or decided by Hong Kong Arbitration Society or the Arbitral Tribunal, no legal costs incurred in, arising out of and/or resulting from the Arbitration shall be recovered by the Parties, and the Arbitral Tribunal shall not decide under the Award that any of the Party shall be responsible for paying such legal costs. Unless otherwise agreed by the Parties or decided by Hong Kong Arbitration Society or the Arbitral Tribunal after taking into account the fairness so requires in all the circumstances of the case, no legal representatives are permitted to appear on behalf of either Party at the Hearing of the Arbitration.

16.1 The Parties may agree on the seat of arbitration. Where there is no agreement as to the seat, the seat of arbitration shall be Hong Kong, unless the Arbitral Tribunal determines that another seat is more appropriate, having regard to the circumstances of the case. 

17.1 The Arbitral Tribunal shall conduct and decide the Dispute on the basis of the evidence and information submitted. The Arbitral Tribunal shall be entitled to limit the scope of evidence and information to be submitted by the Parties and shall decide the relevancy of the evidence and information to the points at issue and the outcome of the Arbitration. The Arbitral Tribunal shall be entitled to exclude any evidence and/or information submitted which are not relevant to the points at issue and the outcome of the Arbitration.  

17.2 Each Party shall have the burden of proving the facts relied on to support, as the case may be, its Claim or Counterclaim or Response or Response to Counterclaim (if any). 

17.3 The Arbitral Tribunal shall determine the admissibility, relevance, materiality and weight of the evidence, including whether to apply strict rules of evidence. 

17.4 At any time during the Arbitration, the Arbitral Tribunal may allow or require a Party to produce evidence or information that the Arbitral Tribunal determines to be relevant to the case and material to its outcome. The Arbitral Tribunal shall have the power to admit or exclude any evidence or information. 

17.5 The Arbitral Tribunal has the sole discretion to appoint one or more experts. The Parties are to be responsible for paying the fees of the Arbitral Tribunal-appointed expert at the sole discretion of the Arbitral Tribunal. The Arbitral Tribunal may meet privately with any Arbitral Tribunal-appointed expert. Such expert shall report to the Arbitral Tribunal, in writing, on specific issues to be determined by the Arbitral Tribunal. The Parties shall give the expert any relevant information or produce for his inspection any relevant documents, goods, properties or other evidence that he may require of them. 

17.6 The Arbitral Tribunal may make directions for the translation of oral statements made at a Hearing (if any) and for the record of the Hearing (if any) if it deems that either is necessary in the circumstances of the case.  

17.7 Hearings (if any) shall be held in private unless otherwise consented to by Hong Kong Arbitration Society and both Parties.  

17.8 The Arbitral Tribunal may request at his sole discretion, any further information, statements, documents or other evidence from either of the Parties at the Hearing (if any).  

17.9 Without prejudice to the above and with regard to the Arbitration, the Arbitral Tribunal shall have the power and/or jurisdiction to:  

(a) grant any relief or remedy; 
(b) conduct such enquiries as may appear to the Arbitral Tribunal to be necessary or expedient; 
(c) order the Parties to make any property or item available for inspection, in their presence, by the Arbitral Tribunal; 
(d) order any Party to produce to the Arbitral Tribunal, and to the other Parties for inspection, and to supply copies of any documents or classes of documents in their possession, custody or power, except where the Party satisfies Hong Kong Arbitration Society that:- 

(i) to provide the information would breach a Court order; 

(ii) to provide the information would breach a duty of confidentiality to a third party and, despite all reasonable endeavours, the third party’s consent to the disclosure of the information has not been obtained;  

(iii) to provide the information would prejudice an ongoing investigation by the police, the regulators or other law enforcement agencies, and, despite all reasonable endeavours, the consent to the disclosure of the information has not been obtained; 

(iv) the information does not exist or no longer exists or is not within the Party’s reasonable possession or control; or 

(v) the information is irrelevant to the Dispute.

     Notwithstanding the aforesaid, nothing in these Rules shall prejudice any Party’s right against self-incrimination or to legal professional privilege;  

(e) receive and take into account such written or oral evidence as he shall determine to be relevant and shall not be bound by the rules of evidence; and/or  
(f) proceed with the Arbitration and make an Award notwithstanding the failure or refusal of any of the Parties to comply with these Rules or with the Arbitral Tribunal's written orders or written directions, or to exercise its right to present its case.  

17.10 At any stage of the Arbitration, where the Arbitral Tribunal is aware and considers that it would be more suitable for the subject matter of the Dispute to be dealt with by a court, the Arbitral Tribunal may terminate the Arbitration. 

17.11 The Arbitral Tribunal shall have the power to extend any of the time limits stipulated in these Rules with the consent of Hong Kong Arbitration Society. 

17.12 The Arbitral Tribunal shall have the power to allow an additional party to be joined in to the Arbitration provided that, prima facie, the additional party is bound by an arbitration agreement under these Rules giving rise to the Arbitration. If the Dispute involves more than two Parties, Hong Kong Arbitration Society shall have the power to revise these Rules, taking into account the circumstances of the case. 

17.13 The Parties may agree on the law governing the substance of the dispute in the Arbitration. Where there is no agreement as to the law governing the substance of the dispute in the Arbitration, the governing law shall be the laws of Hong Kong, unless the Arbitral Tribunal determines that another governing law is more appropriate, having regard to the circumstances of the case. 

17.14 Unless otherwise agreed by the Parties or decided by Hong Kong Arbitration Society or the Arbitral Tribunal, the arbitration proceedings shall be conducted in English in the event that English is proposed or used in the Notice of Arbitration and Response and shall be conducted in Chinese in the event that Chinese is proposed or used in the Notice of Arbitration and Response. Hong Kong Arbitration Society shall have the sole and final discretion on the language or languages to be used in the arbitration proceedings. 

18.1 Unless otherwise agreed by the Parties or decided by Hong Kong Arbitration Society or the Arbitral Tribunal, a Party shall not communicate with the Arbitral Tribunal directly. All communications between any of the Parties and the Arbitral Tribunal must be in writing via Hong Kong Arbitration Society and shall be in the language of the Arbitration. Copies of all communications between the Parties and between a Party and the Arbitral Tribunal must be copied to the other Party via Hong Kong Arbitration Society. Any written communication to the Claimant or the Respondent provided for under the procedure shall be made by the preferred means stated by the Claimant or the Respondent respectively, or in the absence of such specification, by facsimile transmission, with a confirmation of transmission; or by postal or courier service, postage pre-paid and return receipt requested; or electronically via the Internet, provided a record of its transmission is available.  

19.1 A Party may apply for urgent interim or conservatory relief (“Emergency Relief”) prior to the constitution of the Arbitral Tribunal pursuant to Schedule 2. 

19.2 At the request of either Party, the Arbitral Tribunal may order any interim measures as it deems necessary or appropriate. 

19.3 The Party submitting the request pursuant to Article 19.2 of these Rules shall pay a fee of HK$50,000. Unless otherwise decided by Hong Kong Arbitration Society, that Party has to pay the whole sum of the fee when the request is submitted by the Party. 

19.4 An interim measures, whether in the form of an order or award or in any other form, is a temporary measures ordered by the Arbitral Tribunal at any time before it issues the Award by which the dispute is finally decided so that a party may for example and without limitation: 

(a) maintain or restore the status quo pending determination of the dispute;  

(b) take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself;  

(c) provide a means of preserving assets out of which a subsequent award may be satisfied; or  

(d) preserve evidence that may be relevant and material to the resolution of the dispute.  

19.5 When deciding a Party's request for an interim measures under Article 19.2, the Arbitral Tribunal shall take into account the circumstances of the case. Relevant factors may include, but are not limited to:  

(a) harm not adequately reparable by an award of damages is likely to result if the measures is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measures is directed if the measure is granted; and  

(b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the Arbitral Tribunal in making any subsequent determination.  
19.6 The Arbitral Tribunal may modify, suspend or terminate an interim measures it has granted upon application of any party, in exceptional circumstances and/or upon prior notice to the parties on the Arbitral Tribunal’s own initiative. 

19.7 The Arbitral Tribunal may require the Party requesting an interim measures to provide appropriate security in connection with the measures. 

19.8 The Arbitral Tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which an interim measures has been requested or granted.  

19.9 The Party requesting an interim measures may be liable for any damages caused by the measures to the other party if the Arbitral Tribunal later determines that, in the circumstances then prevailing, the measures should not have been granted. The Arbitral Tribunal may award such damages at any point in time during the arbitration. 

19.10 A request for interim measures made by any Party to a competent authority shall not be deemed incompatible with the arbitration agreement, or as a waiver thereof. 
 

20.1 The Arbitral Tribunal shall, unless otherwise extended by the Arbitral Tribunal with the consent of Hong Kong Arbitration Society or the Parties, render an Award within one month of the date (or last day) of the Hearing (if any) or the date of receipt of the last document or submission, whichever is later.  

20.2 Unless otherwise agreed by the Parties, an Award shall be made in writing and shall be final and binding on the Parties and any person claiming through or under any of the Parties. The Parties and any such person shall be deemed to have waived their rights to any form of recourse or defence in respect of enforcement and execution of any Award, insofar as such waiver can validly be made. 

20.3 The Parties undertake to comply without delay with any Award or order made by the Arbitral Tribunal. 
 
20.4 An Award shall state the concise reasons upon which it is based (which may be in summary form) unless it is agreed by the Parties or decided by Hong Kong Arbitration Society that no reasons are to be given.  

20.5 An Award shall be signed by the Arbitral Tribunal. It shall state the date on which it was made and the seat of arbitration as determined under Article 16. The Award shall be deemed to have been made at the seat of arbitration.  

20.6 The validity or enforceability of the Award shall not be hindered by any controversy with respect to the Arbitral Tribunal’s failure to sign the Award.  

20.7 The validity or enforceability of the Award shall not be hindered by any controversy with respect to the failure to meet any time limits stipulated in these Rules.  

20.8 The validity or enforceability of the Award shall not be hindered by non-compliance of these Rules. The Arbitral Tribunal may rectify any non-compliance of these Rules upon request by Hong Kong Arbitration Society or the Parties within 7 days of the receipt of such request. 

20.9 Subject to any lien, originals of the Award signed by the Arbitral Tribunal and affixed with the seal of Hong Kong Arbitration Society shall be communicated to the Parties and Hong Kong Arbitration Society by the Arbitral Tribunal. Hong Kong Arbitration Society shall be supplied with an original copy of the Award.  

20.10 An Award is deemed to have been duly served when it has been served on the Parties in accordance with Article 2 of these Rules. 

20.11 Unless otherwise decided by Hong Kong Arbitration Society or the Arbitral Tribunal, the Award shall be written in English in the event that the arbitration proceedings are conducted in English and shall be written in Chinese in the event that the arbitration proceedings are conducted in Chinese. Hong Kong Arbitration Society shall have the sole and final discretion on the language or languages to be used in the Award.  
 

21.1 If, before an Award is made, the Parties agree on a settlement of the Dispute, the Arbitral Tribunal shall either issue an order for the termination of the Arbitration, or if requested by both Parties and accepted by the Arbitral Tribunal, record the settlement in the form of an Award on the agreed terms. The Arbitral Tribunal is not obliged to give reasons for such an Award. 

21.2 If, before an Award is made, the continuation of the Arbitration becomes unnecessary or impossible for any reason not mentioned in Article 21.1, the Arbitral Tribunal shall issue an order for the termination of the Arbitration. The Arbitral Tribunal shall issue such an order unless a Party raises a justifiable objection, having been given a reasonable opportunity to comment upon the proposed course of action. 

21.3 Copies of the order for termination of the Arbitration or of the Award on the agreed terms signed by the Arbitral Tribunal shall be communicated by the Arbitral Tribunal to the Parties and Hong Kong Arbitration Society. Where an Award on the agreed terms is made, the provisions of Articles 20.2, 20.3, 20.5, 20.6, 20.7, 20.8 and 20.9 shall apply. 

22.1 Within 7 days after receipt of the Award, either Party, by giving notice to the other Party and Hong Kong Arbitration Society, may request the Arbitral Tribunal to correct any errors in computation, any clerical or typographical errors, or any errors of a similar nature in the Award. The other Party may comment on such request within 7 days. 

22.2 The Arbitral Tribunal shall make any corrections he considers appropriate within one month after receipt of the request but may extend such period of time if necessary. 

22.3 The Arbitral Tribunal may within one month after the date of the Award make such corrections on his own initiative. 

22.4 The Arbitral Tribunal has the power to make any further correction to the Award which is necessitated by or consequential on (a) the interpretation of any point or part of the Award under Article 23; or (b) the issue of any additional award under Article 24. 

22.5 Such corrections shall be in writing, and the provisions of Articles 20.2, 20.3, 20.5, 20.6, 20.7, 20.8 and 20.9 shall apply. 

23.1 Within 7 days after receipt of the Award, either Party, by giving notice to the other Party and Hong Kong Arbitration Society, may request the Arbitral Tribunal to give an interpretation of the Award. The other Party may comment on such request within 7 days. 

23.2 The Arbitral Tribunal shall give an interpretation he considers appropriate within one month after receipt of the request but he may extend such period of time if necessary. 

23.3 The Arbitral Tribunal has the power to make any further interpretation of the Award which is necessitated by or consequential on: 

(a) the correction of any error in the Award under Article 22; or

(b) the issuance of any additional award under Article 24.

23.4 Any interpretation made under this Article shall be in writing and shall form part of the Award. 

23.5 The provisions of Articles 20.2, 20.3, 20.5, 20.6, 20.7, 20.8 and 20.9 shall apply. 

24.1 Within 7 days after receipt of the Award, either Party, by giving notice to the other Party and Hong Kong Arbitration Society, may request the Arbitral Tribunal to make an additional Award in relation to claims presented in the Arbitration but omitted from the Award. The other Party may comment on such request within 7 days. 

24.2 If the Arbitral Tribunal considers the request for an additional Award to be justified, it shall make the additional Award within one month after receipt of the request but may extend such period of time if necessary.  

24.3 The Arbitral Tribunal has the power to make an additional Award which is necessitated by or consequential on:  

 (a) the correction of any error in the Award under Article 22; or  

 (a) the interpretation of any point or part of the Award under Article 23. 

24.2 When an additional Award is made, the provisions of Articles 20.2, 20.3, 20.5, 20.6, 20.7, 20.8 and 20.9 shall apply.

25.1 If a funding agreement in relation to the Arbitration is made, the funded party shall communicate a written notice to all other parties, the Arbitral Tribunal, any Emergency Arbitrator and Hong Kong Arbitration Society of:  

(a) the fact that a funding agreement has been made in relation to the Arbitration; and 

(b) the identity of the third party funder.   

25.2 The notice referred to in Article 25.1 must be communicated:  

(a) in respect of a funding agreement made on or before the commencement of the Arbitration, in the application for the appointment of an Emergency Arbitrator, the Notice of Arbitration or the Response (as applicable); or 

(b) in respect of a funding agreement made after the commencement of the Arbitration, as soon as practicable after the funding agreement is made.     

25.3 Any funded party shall as soon as practicable disclose any changes to the information referred to in Article 25.1 that occur after the initial disclosure.

26.1 The Parties and the Arbitral Tribunal agree not to disclose, transmit, introduce or otherwise use any pleadings, submissions, documents, communications, opinions, suggestions, proposals, offers, or admissions, or other information obtained or disclosed relating to the Arbitration under the arbitration agreement(s) and/or an Award or Emergency Decision made in the Arbitration, beyond the Parties to the Arbitration and their representatives, the Arbitral Tribunal, Hong Kong Arbitration Society, and any person necessary to the conduct of the proceedings unless otherwise agreed in writing by the Arbitral Tribunal, Hong Kong Arbitration Society and the Parties to the Arbitration, except:- 

(a) to protect or pursue a legal right or interest of the party or to enforce or challenge the Award or the Emergency Decision in legal proceedings before a court or other authority; 
(b) to any government body, regulatory body, court or tribunal where the party is obliged by law to make the publication, disclosure or communication; 
(c) to a professional or any other adviser of any of the parties, including any actual or potential witness or expert; or 
(d) to a person for the purposes of having, or seeking, third party funding of arbitration. 
   

26.2 The fact that an Arbitration has occurred, is continuing, or has concluded shall not be considered confidential.  

26.3 No person shall publish or otherwise make available to the public any Award, the Emergency Decision, decision or ruling even if the same has been edited to delete the identity of the Parties and/or identifiable details, unless otherwise agreed in writing by the Arbitral Tribunal, Hong Kong Arbitration Society and the Parties to the Arbitration.

27.1 Neither Hong Kong Arbitration Society nor any other body or person specifically designated by it to perform the functions referred to in these Rules, staff members of Hong Kong Arbitration Society, the Arbitral Tribunal, secretary or arbitrator assistant appointed by the Arbitral Tribunal shall be liable for any act or omission in connection with an arbitration conducted under these Rules, save where such act was done or omitted to be done dishonestly. 

27.2 The Parties jointly and severally release, discharge and indemnify Hong Kong Arbitration Society, its staff members and representatives, the Arbitral Tribunal, secretary or arbitrator assistant appointed by the Arbitral Tribunal in respect of all liability whatsoever, whether involving negligence or not, from any act or omission in connection with or arising out of or relating in any way to any Arbitration conducted under these Rules, save for the consequences of fraud or dishonesty.
 

28.1 Sections 2, 3, 4, 5, 6 and 7 of Schedule 2 to the Arbitration Ordinance (Chapter 609) shall not apply.  

28.2 Subject to Articles 3.3 and 28.1, in the event of an appeal against the Award, an application to set aside the Award, an application to challenge the Award or an application to object to the enforcement of the Award in the Arbitration being brought by a Party, that Party agrees that the recoverable legal costs incurred in, arising out of and/or resulting from such an appeal or application shall be limited to HK$25,000.  

29.1 When it is satisfied that the Parties have had a reasonable opportunity to present their case, the Arbitral Tribunal shall declare the proceedings closed. Thereafter, no further submission or argument may be made, or information or evidence produced, unless the Arbitral Tribunal reopens the proceedings in accordance with Article 29.2. 

29.2 The Arbitral Tribunal may, if he considers necessary owing to exceptional circumstances, decide, on his own initiative or upon the application of a Party, to reopen the proceedings at any time before the Award is made.  
 

30.1 Unless otherwise agreed by Hong Kong Arbitration Society, the arbitration fees for the Arbitration shall be paid by the Parties to the arbitration service provider approved by Hong Kong Arbitration Society (of which Hong Kong Arbitration Society shall have the sole discretion) according to Schedule 1.  

30.2 All arbitration fees shall be paid in Hong Kong dollars, and subject to Articles 30.4 and 30.5, are not refundable after payments are made to Hong Kong Arbitration Society. 

30.3 Unless otherwise agreed by Hong Kong Arbitration Society, the Claimant has to pay the whole sum of the arbitration fees when the Notice of Arbitration is filed by the Claimant, the Respondent has to pay the whole sum of the arbitration fees (including the additional arbitration fees resulting from the Counterclaim, if any) when the Response is filed by the Respondent, and the Claimant has to pay the whole sum of the additional arbitration fees resulting from the Counterclaim (if any) when the Response to Counterclaim is filed by the Claimant. If the Claimant fails to pay the whole sum of the arbitration fees, the claim under the Arbitration shall be deemed not to have commenced without prejudice to the Claimant's right to submit the same claim on a later date in a subsequent Notice of Arbitration. If the Respondent fails to pay the whole sum of the arbitration fees (including the additional arbitration fees resulting from the Counterclaim, if any), the counterclaim under the Arbitration shall be deemed not to have commenced without prejudice to the Respondent's right to submit the same claim on a later date in a subsequent Notice of Arbitration.  

30.4 The Arbitral Tribunal shall at his sole discretion decide under the Award which Party is to be responsible for paying the arbitration fees (including the fees paid pursuant to Article 19.3 and Paragraph 6 of Schedule 2 to these Rules) and the amount responsible by that Party to be paid. The Arbitral Tribunal may apportion all or part of the arbitration fees between the Parties if it determines that apportionment is reasonable, taking into account the circumstances of the case. The Arbitral Tribunal may take into account any third party funding arrangement in determining all or part of the arbitration fees. The Party whom the Arbitral Tribunal decides is not responsible for paying the arbitration fees will be refunded the arbitration fees paid by that Party which will be released within 14 days after the Award is made, provided that both Parties have paid up the whole sum of the arbitration fees.  

30.5 Unless otherwise decided by Hong Kong Arbitration Society, in the event that the Parties agree on a settlement of the Dispute without requesting the Arbitral Tribunal to record the settlement terms in the form of an Award on agreed terms within 14 days after the Notice of Arbitration is filed by the Claimant and before the Response is filed by the Respondent, the Claimant will be refunded the arbitration fees paid by the Claimant. Unless otherwise decided by Hong Kong Arbitration Society, in the event that the Parties agree on a settlement of the Dispute after 14 days of the filing of the Notice of Arbitration by the Claimant or after the filing of the Response by the Respondent, the arbitration fees for the Arbitration shall be payable and the Parties shall come to an agreement as to which Party is to be responsible for paying the arbitration fees and the amount to be paid responsible by that Party, and another Party who, as agreed, is not responsible for paying the arbitration fees will be refunded the arbitration fees paid by that Party provided that both Parties have paid up the whole sum of the arbitration fees.  

30.6 Hong Kong Arbitration Society shall decide and may provide the venue for conducting the Hearing (if any). The Parties may have to bear the cost of the venue for conducting the Hearing (if any) if the rooms at Hong Kong Arbitration Society are fully occupied or otherwise unavailable.  

30.7 Claims and counterclaims are aggregated for the determination of the amount in dispute. An interest claim shall not be taken into account in the calculation of the amount in dispute. However, when the interest claim exceeds the amount claimed in principal, the interest claim alone shall be considered in calculating the amount in dispute.  

30.8 In the event that the Dispute involves more than two Parties or the claim or relief or remedy or amount in dispute is unliquidated, the arbitration fees shall be decided by Hong Kong Arbitration Society, taking into account the circumstances of the case.  

30.9 In the event that the length of the Hearing is varied to more than one day or the number of arbitrator is varied to more than one, the arbitration fees shall be decided by Hong Kong Arbitration Society, taking into account the circumstances of the case.  

30.10 In the event that according to Article 10.1, the Parties agree or Hong Kong Arbitration Society decides that a Hearing shall be conducted where the amount in dispute is at or under HK$250,000, the provisions of Articles 10.6 - 10.10 shall apply and additional arbitration fees in the amount of HK$25,000 shall be payable by the Parties. Unless otherwise decided by Hong Kong Arbitration Society, the Parties have to pay the whole sum of the additional arbitration fees 7 days before the Hearing.  

30.11 Amounts in currencies other than Hong Kong Dollars shall be converted into Hong Kong Dollars at the rate of exchange published by HSBC Bank on the date when the relevant Notice of Arbitration is submitted or at the time when any new claim or counterclaim is filed (as the case may be).  

30.12 Hong Kong Arbitration Society shall review the fee structure regularly and shall have the power to make any changes to the fee structure.

31.1 For matters which are not covered by these Rules, the Arbitral Tribunal may adopt such measures as he deems appropriate and/or consistent with the need for a speedy and efficient resolution of the Dispute.  

32.1 A Party who knows or ought to reasonably know that any provision of or requirement under these Rules (including the arbitration agreement(s)) has not been complied with and yet proceeds with the Arbitration without promptly stating its objection to such non-compliance shall be deemed to have waived its right to so object. 

1. For an amount in dispute at or below HK$80,000, the arbitration fees (including administrative expenses and the arbitrator's fees) are HK$9,000 (to be paid by the Parties to the Dispute pursuant to Article 30).  

2. For an amount in dispute at or between HK$80,001 and HK$250,000, the arbitration fees (including administrative expenses and the arbitrator's fees) are HK$25,000 (to be paid by the Parties to the Dispute pursuant to Article 30). 

3. For an amount in dispute at or between HK$250,001 and HK$500,000, the arbitration fees (including administrative expenses and the arbitrator's fees) are HK$50,000 (to be paid by the Parties to the Dispute pursuant to Article 30). 

4. For an amount in dispute at or between HK$500,001 and HK$1,000,000, the arbitration fees (including administrative expenses and the arbitrator's fees) are HK$80,000 (to be paid by the Parties to the Dispute pursuant to Article 30). 

5. For an amount in dispute at or between HK$1,000,001 and HK$5,000,000, the arbitration fees (including administrative expenses and the arbitrator's fees) are HK$120,000 (to be paid by the Parties to the Dispute pursuant to Article 30). 

6. For an amount in dispute at or between HK$5,000,001 and HK$20,000,000, the arbitration fees (including administrative expenses and the arbitrator's fees) are HK$240,000 (to be paid by the Parties to the Dispute pursuant to Article 30). 

7. For an amount in dispute of over HK$20,000,000, the arbitration fees (including administrative expenses and the arbitrator's fees) are HK$480,000 (to be paid by the Parties to the Dispute pursuant to Article 30). 

1. A party requiring Emergency Relief may submit an application ("the Application") for the appointment of an Emergency Arbitrator to Hong Kong Arbitration Society (a) before, (b) concurrent with, or (c) following the filing of a Notice of Arbitration, but prior to the constitution of the Arbitral Tribunal.  

2. The Application shall be submitted in accordance with any of the means specified in Articles 2.1 and 2.2 of these Rules. The Application shall include the following information:  

 (a) the names, addresses, telephone numbers and email addresses of the Parties to the Application;  

 (b) a description of the circumstances giving rise to the Application and of the underlying dispute referred to arbitration;  

 (c) a statement of the Emergency Relief sought;  

 (d) the reasons why the Applicant needs the Emergency Relief on an urgent basis and/or why the Applicant cannot await the constitution of an Arbitral Tribunal;  

 (e) the reasons why the Applicant should be entitled to such Emergency Relief;  

 (f) any relevant agreement and, in particular, the arbitration agreement;  

 (g) the existence of any funding agreement and the identity of any third party funder pursuant to Article 25; and  

 (h) confirmation that copies of the Application and any supporting materials included with it have been or are being communicated simultaneously to all other Parties to the Arbitration by one or more means of service as identified in such confirmation.  

3. The Application shall be filed by the Applicant in a number of copies sufficient to provide one copy each for the Emergency Arbitrator and for Hong Kong Arbitration Society and shall be sent by the Applicant to all other Parties.  

4. The Application may contain such other evidence or information as the Applicant considers appropriate or as may contribute to the efficient examination of the Application.  

5. If Hong Kong Arbitration Society determines that it should accept the Application, Hong Kong Arbitration Society shall seek to appoint an Emergency Arbitrator within 24 hours after receipt of the Application.  

6. The Applicant shall pay a fee of HK$50,000 for requiring Emergency Relief. Unless otherwise agreed by Hong Kong Arbitration Society, the Applicant has to pay the whole sum of the fee when the Application is submitted.  

7. Once the Emergency Arbitrator has been appointed, Hong Kong Arbitration Society shall communicate the appointment to the Parties to the Application and the Emergency Arbitrator. Article 18 of these Rules shall apply to the Application.  

8. Articles 12 and 13 of these Rules shall apply to the Emergency Arbitrator, except that the time limits set out in Article 13.3 are shortened to 3 days.  

9. Where an Emergency Arbitrator dies, has been successfully challenged, has been otherwise removed from the proceedings, or has resigned, Hong Kong Arbitration Society shall seek to appoint a substitute Emergency Arbitrator within 24 hours. If an Emergency Arbitrator withdraws or a Party agrees to terminate an Emergency Arbitrator's appointment, no acceptance of the validity of any ground referred to in Article 13.2 of the Rules shall be implied. If the Emergency Arbitrator is replaced, the Emergency Relief proceedings shall resume at the stage where the Emergency Arbitrator was replaced or ceased to perform his duties, unless the substitute Emergency Arbitrator decides otherwise.  

10. If the Parties have agreed on the seat of arbitration, such seat shall be the seat of the Emergency Relief proceedings. Where there is no agreement as to the seat, the seat of the Emergency Relief proceedings shall be Hong Kong, unless the Emergency Arbitrator determines that another seat is more appropriate, having regard to the circumstances of the case.  

11. Taking into account the urgency inherent in the Emergency Relief proceedings and ensuring that each party has a reasonable opportunity to be heard on the Application, the Emergency Arbitrator may conduct such proceedings in such a manner as the Emergency Arbitrator considers appropriate. The Emergency Arbitrator shall have the power to rule on objections that the Emergency Arbitrator has no jurisdiction, including any objections with respect to the existence, validity or scope of the arbitration clause or of the separate arbitration agreement, and shall also have the power to resolve any disputes over the applicability of this Schedule.  

12. Articles 19.2, 19.4 to 19.9 shall apply, mutatis mutandis, to any Emergency Relief granted by the Emergency Arbitrator.  

13. Any decision, order or award of the Emergency Arbitrator on the Application (“the Emergency Decision") shall be made within 14 days from the date on which the Emergency Arbitrator has been appointed unless otherwise agreed by the Parties or decided by Hong Kong Arbitration Society.  

14. The Emergency Decision may be made even if the Arbitral Tribunal is constituted after the Application is submitted.  

15. Any Emergency Decision shall:  

 (a) be made in writing;  

 (b) state the date when it was made and reasons upon which the Emergency Decision is based, which may be in summary form (including a determination on whether the Emergency Arbitrator has jurisdiction to grant the Emergency Relief);  

 (c) be written in English unless otherwise decided by Hong Kong Arbitration Society or the Arbitral Tribunal (Hong Kong Arbitration Society shall have the sole and final discretion on the language or languages to be used in the Award); and  

 (d) be signed by the Emergency Arbitrator.  

16. Any Emergency Decision may apportion the fees of the Emergency Relief proceedings, subject to Article 15.8 of these Rules and the power of the Arbitral Tribunal to apportion finally such fees in accordance with Article 30.4 of these Rules.  

17. Any Emergency Decision shall have the same effect as an interim measures granted pursuant to Article 19 of these Rules and shall be binding on the Parties when rendered.  

18. Any Emergency Decision ceases to be binding:  

 (a) if the Emergency Arbitrator or the Arbitral Tribunal so decides;  

 (b) upon the Arbitral Tribunal rendering a final award, unless the Arbitral Tribunal expressly decides otherwise;  

 (c) upon the termination of the Arbitration before the rendering of a final award; or  

 (d) if the Arbitral Tribunal is not constituted within 90 days from the date of the Emergency Decision unless otherwise agreed by the Parties or decided by Hong Kong Arbitration Society.  

19. Subject to paragraph 14 of this Schedule, the Emergency Arbitrator shall have no further power to act once the Arbitral Tribunal is constituted.  

20. The proceedings under the Application is not intended to prevent any party from seeking urgent interim or conservatory measures from a competent authority at any time.  

21. The Emergency Arbitrator may not act as an Arbitrator in any Arbitration relating to the dispute that gave rise to the Application and in respect of which the Emergency Arbitrator has acted, unless otherwise agreed by the Parties to the Arbitration.  

22. The proceedings under the Application shall be terminated if a Notice of Arbitration has not been submitted by the Applicant to Hong Kong Arbitration Society within 7 days of Hong Kong Arbitration Society’s receipt of the Application, unless the Emergency Arbitrator extends this time limit.  

23. Where the proceedings under the Application is terminated without an Emergency Decision, the Emergency Arbitrator may apportion the fees of the proceedings under the Application, subject to Article 15.8 of these Rules and the power of the Arbitral Tribunal to apportion finally such fees in accordance with Article 30.4 of these Rules.