NOTICE OF ARBITRATION • The party initiating the arbitration (the “Claimant”) must provide a Notice of Arbitration to the Respondent

rbitration to the Respondent and the HKIAC. (Article 4.1)

• An arbitration is deemed to commence on the date on which the Notice of Arbitration is received by the HKIAC. (Article 4.2)

• The Notice of Arbitration must include the particulars as set out in Article 4.3.

• The Respondent must communicate an Answer to the Notice of Arbitration within 30 days of receipt of the Notice of Arbitration, which must include the
particulars set out at Article 5.1.

SELECTION OF ARBITRATOR(S)
Unless the parties have agreed otherwise: (a) where the parties have agreed before the arbitration commences that the dispute shall be referred to a sole
arbitrator, they shall jointly designate the sole arbitrator within 30 days from the date the Notice of Arbitration was received by the Respondent. (b) where the
parties have agreed after the arbitration commences to refer the dispute to a sole arbitrator, they shall jointly designate the sole arbitrator within 15 days from
the date of that agreement. (c) where the parties have not agreed upon the number of arbitrators and HKIAC has decided that the dispute shall be referred to a
sole arbitrator, the parties shall jointly designate the sole arbitrator within 15 days from the date HKIAC's decision

If the parties fail to designate the sole arbitrator within the applicable time limit, HKIAC shall appoint the sole arbitrator. 16 7.3 Where the parties have agreed on
a different procedure for designating the sole arbitrator and such procedure does not result in a designation within a time limit agreed by the parties or set by
HKIAC, HKIAC shall appoint the sole arbitrator.

ARBITRAL SEAT AND LANGUAGE Hong Kong English or Chinese

FEES AND EXPENSES • The fees and expenses of the arbitral tribunal shall be determined according to either: (a) an hourly rate in accordance with Schedule 2; or (b) the schedule
of fees based on the sum in dispute in accordance with Schedule 3. The parties shall agree the method for determining the fees and expenses of the arbitral
tribunal, and shall inform HKIAC of the applicable method within 30 days of the date on which the Respondent receives the Notice of Arbitration. If the
parties fail to agree on the applicable method, the arbitral tribunal's fees and expenses shall be determined in accordance with Schedule 2. 10.2 Where the
© King & Wood Mallesons fees of the arbitral tribunal are to be determined in accordance with Schedule 2, (a) the applicable rate for each co-arbitrator shall be the rate agreed
The information contained in the modules is current asbetween
at 28 January 2020.
that co-arbitrator and the designating party; (b) the applicable rate for a sole or presiding arbitrator designated by the parties or the coarbitrators,
This is not legal advice and should not be relied on. as applicable, shall be the rate agreed between that arbitrator and the parties,
 PROVISIONAL TIMETABLE

CONDUCT OF ARBITRATION • The time limits set by the arbitral tribunal for the communication of written statements should not exceed 45 days, unless the arbitral tribunal considers
otherwise. 21.2 The arbitral tribunal may, even in circumstances where the relevant time limit has expired, extend time limits where it concludes that an
extension is justified

PARTY REPRESENTATIVES
AND SECRETARY
APPOINTMENT

STATEMENT OF CLAIM • The Statement of Claim shall include the following particulars: (a) a statement of the facts supporting the claim; (b) the points at issue; (c) the legal
arguments supporting the claim; and (d) the relief or remedy sought.

STATEMENT OF DEFENCE • Where there is a counterclaim, set-off defence or crossclaim, the Statement of Defence shall also include the following particulars: (a) a statement of the
facts supporting the counterclaim, set-off defence or cross-claim; (b) the points at issue; (c) the legal arguments supporting the counterclaim, set-off defence
or cross-claim; and (d) the relief or remedy sought.

© King & Wood Mallesons

The information contained in the modules is current as at 28 January 2020.
This is not legal advice and should not be relied on.