On 1 July 2017, the CIETAC Hong Kong Arbitration Center Rules as Appointing Authority in Ad Hoc Arbitrations (Appointing Authority Rules) came into effect. The Appointing Authority Rules apply where the CIETAC Hong Kong Arbitration Center acts as appointing authority of arbitrators or provides services where:
- the parties have agreed to refer their disputes to arbitration under the UNCITRAL Arbitration Rules;
- the parties have agreed to refer their disputes to arbitration under other ad hoc arbitration rules; and/or
- in other non-institutional arbitration cases prescribed by law or agreed by the parties.
When acting as appointing authority, the functions of the CIETAC Hong Kong Arbitration Center include to:
- appoint an arbitrator, at the request of a party who may be from or outside CIETAC’s Panel of Arbitrators;
- decide on the number of arbitrators to be appointed, at the request of a party;
- decide on challenges to arbitrators, at the request of a party;
- determine the arbitrator’s fees and/or his/her terms of appointment, at the request of a party or an arbitrator;
- undertake financial management of the arbitration, including collection of deposits and arrangement for payment of the arbitrator’s fee and actual expenses, at the request of a party or arbitral tribunal;
- provide oral hearing services, at the request of a party or arbitral tribunal;
- provide tribunal secretary services, at the request of a party or arbitral tribunal;
- provide other services, at the request of a party or arbitral tribunal.
The Appointing Authority Rules contain a Schedule detailing the CIETAC Hong Kong Arbitration Center’s fees for carrying out the above services.
The publication of these Rules should be welcomed by the Hong Kong arbitration community and promote the more frequent use of CIETAC Hong Kong Arbitration Center by extending their role to ad hoc arbitrations which may not need to be administered by them.
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