HKIAC Statistics 2023

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Authored by: Carmen Ng

The HKIAC has published its statistics for 2023, with the amounts in dispute and gender diversity in arbitral appointments setting a new high.

The following are some of the more notable statistics:

● No. of arbitrations: 500 matters were submitted to the HKIAC in 2023.  Of those cases, 281 were arbitration filings (the 3^rd highest number of cases received since 2017).  For the remaining cases, 209 were domain name disputes (as compared to 161 in 2023) and 10 were mediations (the same number as in 2022). Of the 281 arbitrations, 184 were administered by the HKIAC. 

● Arbitrator appointments: In 2023, the HKIAC made a total of 172 arbitrator appointments, 60(34.9%) of which were of female arbitrators (as compared to 21.8% in 2021 and 27% in 2022).  As to the role of arbitrators appointed in 2023: Sole Arbitrator – 64.5% (111), Co-Arbitrator – 17.5% (30), Presiding Arbitrator – 16.3% (28) and Emergency Arbitrator – 1.7% (3). The applicable Rules for these appointments were: HKIAC Administered Arbitration Rules – 63.9% (110), Ad Hoc – 12.2% (21), HKIAC Domestic Arbitration Rules – 11.7% (20), UNCITRAL Arbitration Rules (administered by the HKIAC) – 9.9% (17) and HKIAC Short Form Rules – 2.3% (4).

● International arbitrations: 75.1% of all arbitrations and 89.7% of all administered arbitrations submitted to the HKIAC in 2023 were international in nature i.e. at least one party was not from Hong Kong.  37.7% of all arbitrations submitted to the HKIAC in 2023 involved no Hong Kong parties and 9.6% involved no Asian parties.  Parties from Mainland China featured in 39.5% of all arbitrations submitted to the HKIAC in 2023.

● Amount in dispute: The total amount in dispute across all arbitrations was HK$92.8 billion (as compared to HK$43.1 billion in 2022).  The total amount in dispute in all administered cases was HK$86 billion (as compared to HK$36.7 billion in 2022).  The average amount in dispute in administered arbitrations was HK$467.6 million (as compared to HK$180.6 million in 2022). These figures represent record highs for the HKIAC.

● Seat of arbitration: The vast majority of arbitrations (96.87%) were seated in Hong Kong. In the remaining arbitrations, the seat was not specified.

● Governing law: Disputes referred to the HKIAC in 2023 were subject to 14 different governing laws, with Hong Kong law being the most commonly selected governing law, followed by English law and then Chinese law.

● Types of dispute: The top 5 types of dispute were corporate (21%), construction (17.1%), commercial (16%) and maritime (16%).

● Challenges to arbitrators: 5 challenges to arbitrators were submitted to the HKIAC in 2023 (down from 11 in 2022).  Of those challenges, 3 were pending as at the end of 2023, 1 resulted in resignation of the challenged arbitrator and 1 was withdrawn.

● Multi-party or multi-contract arbitration, joinder and consolidation: Of the 281 arbitration filings in 2023, 164 involved multiple parties or contracts.  Of the 184 arbitrations administered by the HKIAC, a total of 45 were commenced as a single arbitration under multiple contracts, and 24 of those cases were the subject of a determination by HKIAC of the appropriateness of such commencement.  The HKIAC received 10 requests for consolidation, 8 of which were granted. Of the 8 requests for the joinder of additional parties submitted to the HKIAC or arbitral tribunals, 3 were granted and 5 rejected.

● Interim Measures Arrangement: A steadily growing number of parties made applications under the Hong Kong-Mainland China Arrangement on interim measures.  In 2023, the HKIAC processed 19 applications to 13 different Mainland Chinese courts under the Arrangement, seeking to preserve assets or conduct, worth a total of RMB3.5 billion in Mainland China.   In respect of those applications, the Mainland courts issued orders to preserve RMB544milion worth of assets.  Approximately 19.5% of the applications were made by parties from Mainland China and 80.5% by parties from the BVI, Cayman Islands, Hong Kong, Norway, UAE, St Kitts and Nevis and the US.  Approximately 62.4% of the applications concerned assets owned by Mainland Chinese parties and 37.6% concerned assets or evidence owned by non-Mainland parties (from Australia, BVI, Canada, Cayman Islands, Hong Kong, Singapore, Taiwan and the US).  Since the Interim Measures Arrangement came into force on 1 October 2019 and as of the end of 2023, the HKIAC has processed 105 applications.  99 applications were made for the preservation of assets, 2 were for the preservation of evidence, and 4 for the preservation of conduct. The total value of assets requested to be preserved amounted to RMB26.4 billion. Up to 2023, the HKIAC is aware of 70 decisions issued by Mainland Courts.  Of these 70 decisions, 66 granted the applications for preservation of assets upon the applicant’s provision of security and 4 rejected such application. The total value of assets preserved by the 66 decisions amounted to RMB 15.8 billion.

● Emergency arbitrator applications: 3 emergency arbitrator applications were submitted to the HKIAC in 2023.  The total number of emergency arbitrator applications filed with the HKIAC as at the end of 2023 is 35.

● Expedited procedure: 24 applications for the expedited procedure under the HKIAC Administered Arbitration Rules were submitted in 2023, 15 of which were granted and 9 rejected.

● Early determination procedure: 5 applications for the early determination procedure were submitted to arbitral tribunals in 2023.  2 applications were rejected, 2 granted and 1 was pending as at the end of 2023. The total number of early determination applications filed with HKIAC up to 2023 is 13.

● Third party funding: Parties made disclosures of third party funding in 1 arbitration administered by HKIAC under the 2018 HKIAC Administered Arbitration Rules.

● Virtual hearings: In 2023, the HKIAC hosted a total of 101 hearings, of which 44 were fully or partially virtual and 57 in person at the HKIAC’s premises in Hong Kong.

Key Contacts

Carmen Ng

Partner | Litigation and Dispute Resolution

Email or call +852 2825 9502