Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
(Adopted to take effect from 1 January 2002)
Where any agreement, submission or reference provides for
arbitration under the Electronic Transaction
Arbitration Rules of the Hong Kong International Arbitration Centre
(the Rules), the parties shall be taken to have agreed that the
arbitration shall be conducted in accordance with the following
Rules, or such amended Rules as Hong Kong International Arbitration
Centre (HKIAC) may have adopted to take effect before the
commencement of the arbitration.
The Rules are subject to such modifications as the parties may
agree in writing at any time.
Article 1 Commencement of Arbitration
1.1 Any party wishing to commence an arbitration under these
Rules (the Claimant) shall send to the other party (the Respondent)
a written Notice of Arbitration as per Form N requiring the
Respondent to appoint or concur in appointing the Arbitrator.
1.2 A copy of the Notice of Arbitration and verification of
service to the Respondent at the Respondent's last known address
shall be sent to the Secretary General of the HKIAC (the Secretary
General) together with a filing fee as detailed in Appendix A
("Arbitration Costs and Administrative Fees Schedule"). For the
purposes of this subrule, registered post shall constitute good
1.3 The date on which the Notice of Arbitration and verification
of service to the Respondent is received by the HKIAC shall, for
all purposes, be deemed to be the date of the commencement of the
1.4 For the purpose of facilitating the choice of the
Arbitrator, within 14 days of receipt of the Notice of Arbitration,
the Respondent shall send to the Claimant a Response (Response to
the Notice of Arbitration) as per Form R.
1.6 A copy of the Response and verification of service to the
Claimant at the latter's last known address shall be sent to the
Secretary General or his designate. For the purposes of this
subrule, registered post shall constitute good service.
1.6 The Secretary General or his designate may grant the
Respondent an extension of time of not more than 7 days for filing
the Response, if the HKIAC deems it to be necessary upon the
request of the Respondent.
1.7 Failure to send a Response within the required timeframe
shall neither preclude the Respondent from denying the claim nor
from setting out a counterclaim in its Statement of Defence.
1.8 For the avoidance of doubt, where these Rules require any
notice, pleading, submission or any other communication to be in
writing, then, unless the parties agree or the Arbitrator orders
otherwise, a communication delivered by facsimiles, telex, email,
electronic or computer transmission shall satisfy that requirement
together with a record of the sending thereof.
Article 2 Appointing Authority
2.1 The HKIAC shall be the Appointing Authority*.
2.2 Any application to the Appointing Authority to act in
accordance with these Rules shall be accompanied by:
(a) a duly completed Appointment Submission Form (Form A);
(b) copies of the Notice of Arbitration (Form N) and Response to
the Notice of Arbitration (Form R) and any other related
correspondence, in particular, the arbitration agreement;
(c) confirmation in writing that a copy of the application has
been sent to or received by the other party; and
(d) payment of the necessary appointment fees as detailed in
Appendix A ("Arbitration Costs and Administrative Fees
Article 3 Appointment of Arbitrator
3.1 The Arbitrator may be appointed by agreement of the parties.
Failing such agreement within 28 days of the commencement of the
arbitration in accordance with Article 1, the Arbitrator shall,
upon the application of either party in accordance with Article
2.2, be appointed by the HKIAC.
3.2 The application to the HKIAC to appoint an Arbitrator
pursuant to Article 3.1 shall be made within 42 days of the
commencement of the Arbitration, failing which the case in question
shall be closed without prejudice to the right of the Claimant to
submit another Notice of Arbitration in respect of the same
3.3 For an arbitration under these Rules, there shall be a sole
3.4 The Arbitrator shall ensure that each party has a reasonable
opportunity to present its case. In doing so, the Arbitrator shall
act fairly and shall remain at all times wholly independent and
impartial, and shall not act as advocate for any party.
3.5 Prior to appointment of a proposed Arbitrator as well as
after appointment, the Arbitrator shall disclose to the parties any
circumstance likely to create an impression of bias or prevent a
prompt resolution of the dispute between the parties. Except by
consent of the parties, no person shall serve as Arbitrator in any
dispute in which that person has any interest which, if a party
knew of it, might lead such party to think that the Arbitrator
might be biased.
3.6 In connection with Article 3.5, prior to appointment a
prospective Arbitrator shall confirm in writing to the HKIAC any
facts or circumstances which might be of such a nature as to call
into question the Arbitrator's independence in the eyes of the
parties. The HKIAC shall provide such information to the parties in
writing and the parties shall have 7 days to provide comments upon
the prospective Arbitrator proposed.
3.7 The decisions of the HKIAC as to the appointment, challenge
or replacement of an Arbitrator shall be final and the reasons for
such decisions shall not be communicated.
3.8 If the Arbitrator dies, is unable to act, or refuses to act,
the HKIAC will, upon request by either party, appoint another
Article 4 Communication between Parties, the Arbitrator and the
4.1 The Secretary General of the HKIAC (the Secretary General)
or his designate will act as the administrator of the arbitration.
All communications and notices between a party and the Arbitrator
in the course of the arbitration (except at meetings and hearings)
will be addressed through the Secretary General or his
4.2 Where the Secretary General or his designate sends any
communication to one party, he shall send a copy to the other party
at the same time.
4.3 Where a party sends any communication (including statements
and documents under Article 6) to the Secretary General, it shall
be copied to the other party and verification of service thereof
should be forwarded to the Secretary General.
4.4 The addresses of the parties for the purpose of all
communications arising under the Rules shall be those set out in
the Notice of Arbitration, or as either party may at any time
notify the Secretary General and the other party.
4.5 Unless the contrary is proved, any communication by post
shall be deemed to be received in the ordinary course of mail. Any
instantaneous means of communication (e.g. fax, telex or email)
shall be deemed to be received on the same day as transmitted.
4.6 The HKIAC will charge an Administrative fee in accordance
with the "Arbitration Costs and Administrative Fees Schedule" as
detailed in Appendix A for the services of the Secretary General or
his designate acting as arbitration administrator.
Article 5 Conduct of the Proceedings
5.1 The Arbitrator shall have the power to adopt wherever
possible a simplified or expedited procedure and in any case shall
have the widest discretion allowed by law to conduct the proceeding
so as to ensure the just, expeditious, economical, and final
determination of the dispute.
5.2 Unless the Arbitrator is of the opinion that a preliminary
meeting is necessary, all procedural matters in the arbitration
shall, failing agreement between the parties, be settled by
directions of the Arbitrator set out in written communications.
Article 6 Submission of Written Statements and Documents
6.1 Subject to any procedural rules agreed by the parties or
determined by or requested from the Arbitrator under Article 5,
written statements and supporting documents shall be exchanged as
set out in this Article (and in accordance with Article 4).
6.2 Within 14 days of receipt by the Claimant of notification of
the Arbitrator's acceptance of the appointment, the Claimant shall
send to the Secretary General or his designate a Statement of Claim
setting out a full description in narrative form of the nature and
circumstances of the dispute specifying all factual matters and, if
necessary for the proper understanding of the claim, a summary of
any contentions of law relied upon and the relief claimed.
6.3 As soon as practicable after the Secretary General or his
designate receives a Statement of Claim, he shall transmit the
Statement of Claim to the Respondent and a copy thereof to the
6.4 Within 14 days of receipt of the Statement of Claim, the
Respondent shall send to the Secretary General or his designate a
Statement of Defence setting out a full description in narrative
form the factual matters and contentions of law in the Statement of
Claim which he admits or denies, on what grounds, and specifying
any other factual matters and, if necessary for the proper
understanding of the defence, a summary of any contentions of law
relied upon. Counterclaims, if any, shall be submitted with the
Statement of Defence in the same manner as claims set out in the
Statement of Claim.
6.5 As soon as practicable after the Secretary General or his
designate receives a Statement of Defence, he shall transmit the
Statement of Defence to the Claimant and a copy thereof to the
6.6 Within 14 days of receipt of the Statement of Defence, the
Claimant may send to the Secretary General or his designate a
Statement of Reply which, where there are Counterclaims, shall
include a Defence to Counterclaims.
6.7 As soon as practicable after the Secretary General or his
designate receives a Statement of Reply, he shall transmit the
Statement of Reply to the Respondent and a copy thereof to the
6.8 If the Statement of Reply contains a Defence to
Counterclaims, the Respondent may within a further 14 days send to
the Secretary General or his designate a Statement of Reply
6.9 As soon as practicable after the Secretary General or his
designate receives a Statement of Reply regarding Counterclaims, he
shall transmit the Statement of Reply regarding Counterclaims to
the Claimant and a copy thereof to the Arbitrator.
6.10 All Statements referred to in this Article shall be
accompanied by copies (or, if they are especially voluminous and by
leave of the Arbitrator, lists) of all essential documents on which
the party concerned relies and which have not previously been
submitted by any party, and (where appropriate) by any relevant
6.11 The Arbitrator may order the parties to produce any
additional documents he may specify.
6.12 As soon as practicable following completion of the
submission of the Statements specified in this Article, the
Secretary General or his designate shall forward the supporting
information to the Arbitrator in order for him to proceed pursuant
to his authority under the Rules unless otherwise agreed by the
Article 7 Documents-Only Arbitration
7.1 Unless the Arbitrator is of the opinion that a hearing is
necessary or the parties otherwise agree, the arbitration shall be
conducted on a documents only basis in accordance with this
7.2 Where a documents-only arbitration procedure has been
adopted, the parties shall not be entitled to a hearing and the
testimony of any witness shall be presented in written form and
shall be submitted in accordance with Article 6. If the Arbitrator
feels unable to make an award on the basis of the documents
submitted, he shall be entitled to require further evidence or
submissions whether oral or in writing.
7.3 If a party fails to submit any statement in accordance with
Article 6, the Arbitrator may make an award on the substantive
issues and an award as to costs without a hearing.
Article 8 Representation
A party may conduct his case in person or be represented
throughout or in part by lawyers or other advisers or
representatives of his choice (Representative). A party shall
notify the Secretary General and the other parties of any change of
Representative and his address (and telephone, telex, fax numbers
and email addresses) as soon as practicable after any such
Article 9 Hearings
9.1 Hearings may, without limitation, be conducted in person, by
videolink, by telephone or on-line (by email or by other electronic
or computer communication).
9.2 The Arbitrator shall fix the date, time, place (if
applicable) and manner of meetings and hearings in the arbitration,
and shall give the parties reasonable notice thereof.
9.3 The Arbitrator may in advance of hearings provide the
parties with a list of matters or questions to which he wishes them
to give special consideration.
9.4 The Arbitrator may order opening and closing statements to
be in writing and shall fix the periods of time for communicating
such statements and the replies that may be necessary.
9.5 The Arbitrator may also order a transcript of any hearing or
part of any hearing.
9.6 All meetings and hearings shall be in private unless the
parties agree otherwise.
9.7 HKIAC shall make all reasonable endeavours to provide
security for the transmission of data on-line between the parties,
the Arbitrator, Secretary General or his designate and the HKIAC
shall use its best endeavour to see to it that the date is
inaccessible or accessible only in an encrypted form to other
9.8 Notwithstanding Article 9.7, HKIAC accept no liability
whatsoever for breach of contract, tort, negligence or otherwise
for any damage arising as a result of any data transmitted on-line
in the course of an Arbitration be disclosed to persons other than
the intended recipient(s).
Article 10 Witnesses
10.1 Subject to Article 5, the calling of witnesses and the
giving of evidence by witnesses at any hearing shall be governed by
10.2 The Arbitrator may at any time require any party to give
notice of the identity of witnesses he intends to call and a short
summary of the subject matter of their testimony and its relevance
to the issues. The Arbitrator may also require the exchange of
witnesses' statements and of expert reports.
10.3 The Arbitrator has discretion to allow, limit, or refuse to
allow the appearance of witnesses, whether witnesses of fact or
10.4 Any witness who gives oral evidence may be questioned by
each party or its Representative, under the control of the
Arbitrator, and may be required by the Arbitrator to testify under
oath or affirmation in accordance with the Arbitration Ordinance.
The Arbitrator may put questions to the witnesses at any stage of
10.5 The Arbitrator may, if he consider is necessary or
expedient for the just disposal of the Arbitration or for the
saving of costs or otherwise, order that a witness may give oral
evidence by videolink or by telephone or may give written evidence
on-line and be cross examined thereon.
10.6 The testimony of witnesses may be presented in written
form, either as signed statements or by duly sworn affidavits, and
the Arbitrator may order that such statements or affidavits shall
stand as evidence-in-chief. Subject to Article 10.3 any party may
request that such a witness should attend for oral examination at a
hearing. If the witness fails to attend, the Arbitrator may place
such weight on the written testimony as he thinks fit, or may
exclude it altogether.
Article 11 Assessor** Appointed by the Arbitrator
Unless otherwise agreed by the parties, the Arbitrator may:
(a) appoint an Assessor to assist him;
(b) require a party to give any Assessor any relevant
information or to produce, or to provide access to any relevant
documents, goods or property for inspection by the Assessor.
Article 12 Powers and Jurisdiction of the Arbitrator
12.1 Without prejudice to the generality of Article 5.1 and
unless the parties at any time agree otherwise, the Arbitrator
shall have the power and/or jurisdiction to:
(a) allow any party, upon such terms (as to costs and otherwise)
as the Arbitrator shall determine, to amend any document submitted
under Article 6;
(b) extend or abbreviate any time limits provided by the Rules
or by his directions;
(c) conduct such enquiries as may appear to the Arbitrator to be
necessary or expedient;
(d) order the parties to make any property or thing available
for inspection, in their presence, by the Arbitrator or any
(e) order any party to produce to the Arbitrator, and to the
other parties for inspection, and to supply copies of any documents
or classes of documents in their possession, custody or power which
the Arbitrator determines to be relevant;
(f) order the rectification in any contract or arbitration
agreement of any mistake which he determines to be common to the
(g) rule on the existence, validity or termination of the
(h) rule on his own jurisdiction, including any objections with
respect to the existence or validity of the arbitration agreement
to the validity of his appointment or to his terms of
(i) determine any question of law arising in the
(j) determine any question of good faith, dishonesty or fraud
arising in the dispute, if specifically asserted by a party in one
of their Statements;
(k) 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;
(l) proceed in the arbitration and make an award notwithstanding
the failure or refusal of any party to comply with these Rules or
with the Arbitrator's written orders or written directions, or to
exercise its right to present its case, but only after giving that
party written notice that he intends to do so;
(m) order the making by one party to another of an interim
payment of monies alleged to be due where, in the opinion of the
Arbitrator, payment is undoubtedly due;
(n) order any party to provide security for the legal or other
costs of any other party including without limitation the fees of
the Arbitrator by way of deposit or bank guarantee or in any other
manner the Arbitrator thinks fit; and
(o) order any party to provide security for all or part of any
amount in dispute in the arbitration.
12.2 By agreeing to arbitration under the Rules, the parties
hereby agree to apply to the Arbitrator, and not to any court of
law or other judicial authority, for any order which, but for the
Rules, would normally be made by a court of law or other judicial
12.3 For the purpose of Article 12.1(h) above, an arbitration
clause which forms part of a contract shall be treated as an
agreement independent of the other terms of the contract. A
decision by the Arbitrator that the contract is null and void shall
not entail the invalidity of the arbitration clause.
12.4 A plea that the Arbitrator does not have jurisdiction shall
be raised not later than the time for service of the Statement of
Defence. A plea that the Arbitrator is exceeding the scope of his
authority shall be raised promptly after the Arbitrator has
indicated his intention to decide on the matter alleged to be
beyond the scope of his authority. In either case the Arbitrator
may nevertheless admit a late plea under this paragraph if the
Arbitrator considers the delay justified.
Article 13 Default of Appearance by a Party
If the Claimant fails to attend any hearing of which due notice
has been given, the Arbitrator may make an award on the substantive
issues and an award as to costs, with or without a hearing. If the
Respondent fails to submit a Statement of Defence or to attend any
hearing after due notice has been given, the Arbitrator may conduct
the hearing in the absence of the Respondent and make an Award on
Article 14 Seat of Arbitration
The seat of the arbitration will be Hong Kong SAR but the
Arbitrator may decide for the purpose of expediting any hearing or
saving costs to hear witnesses or oral argument or consult with an
Assessor (if appointed) at any place the Arbitrator deems
appropriate having regard to the circumstances of the
Article 15 Language
15.1 The language of the arbitration shall be English and all
written communications and statements, and all hearings shall be
conducted in the English language unless the parties and the
Arbitrator otherwise agree.
15.2 The Arbitrator may order that any documents other than
written statements which are produced in the course of the
arbitration in their original language shall be accompanied by a
translation into the language of the arbitration, such translation
to be certified if not agreed.
15.3 Unless the Arbitrator otherwise orders, witnesses shall be
entitled to give their evidence in the language of their choice and
the Arbitrator may order the translation of that evidence into the
language of the arbitration by a suitably qualified person.
15.4 The cost of translating documents pursuant to Article 15.2
and oral testimony pursuant to Article 15.3 shall, in the first
instance, unless the Arbitrator orders otherwise, be borne by the
party seeking to rely upon the relevant document or testimony.
Nothing in this Article shall derogate from the powers of the
Arbitrator pursuant to Article 20.
Article 16 Deposits and Security
16.1 The Secretary General or his designate may direct the
parties, in such proportions as he deems just, to make one or more
deposits to secure the Arbitrator's fees and expenses and those of
the HKIAC. Such deposits shall be made to and held by the HKIAC and
may be drawn from as required by the Arbitrator and the HKIAC.
Interest on sums deposited, if any, shall be accumulated to the
16.2 In the event that a party fails to make a deposit directed
by the Secretary General or his designate in accordance with
Article 16.1, it shall be open to any other party to make that
16.3 When a direction to make a deposit has not been complied
with, and after consultation with the Arbitrator, the Secretary
General or his designate may direct the Arbitrator to suspend its
work and set a time limit, which must be not less than 14 days, on
the expiry of which the relevant claims, or counterclaims, shall be
deemed to be withdrawn. Should any party wish to object to this
measure it must make a request within the aforementioned period for
the matter to be decided by the Secretary General or his designate.
A party shall not be prevented on the ground of such deemed
withdrawal from relying upon the same claims or counterclaims in
other proceedings or from issuing a new Notice of Arbitration in
respect of the same claims or counterclaims.
Article 17 The Award
17.1 The Arbitrator shall make his award in writing and, unless
all the parties agree otherwise, shall state the reasons upon which
the award is based. The award shall be dated and signed by the
Arbitrator. The award shall be deemed to be made in Hong Kong
17.2 The Arbitrator shall notify the Secretary General or his
designate who shall notify the parties as soon as the award is
ready for collection but shall not be obliged to deliver the award
unless appropriate fees and expenses have been paid by the parties
or by one of them.
17.3 The Arbitrator may make interim awards including separate
awards on different issues at different times.
17.4 If, before an award/ interim award is made, the parties
agree on a settlement of the dispute, the Arbitrator shall either
issue an order for termination of the arbitration or, if requested
by both parties and accepted by the Arbitrator, record the
settlement in the form of a consent award. The Arbitrator shall
then be discharged and the reference to arbitration concluded,
subject to payment by the parties of all outstanding fees and
expenses of the Arbitrator and the HKIAC.
17.5 The time limit within which the Arbitrator must render a
final Award under these Rules is six months from the date the
Arbitrator is appointed. The Secretary General or his designate may
extend this time limit pursuant to a reasoned request from the
Arbitrator or on its own initiative if he decides it is necessary
to do so.
17.6 An original of each Award made in accordance within these
Rules shall be deposited with the HKIAC.
17.7 Every Award shall be binding on the parties. By submitting
the dispute to arbitration under the Rules, the parties undertake
to carry out any Award without delay and shall be deemed to have
waived their right to any form of recourse in so far as such waiver
can validly be made.
Article 18 Interpretation of Awards, Correction of Awards and
18.1 Within 14 days of receiving an award, unless another period
of time has been agreed upon by the parties, a party may by written
notice to the Secretary General or his designate and the other
party request the Arbitrator to give an interpretation of the
award. Such party may also request the Arbitrator to correct in the
award any errors in computation, any clerical or typographical
errors or any errors of a similar nature. If the Arbitrator
considers the request to be justified, he shall provide an
interpretation or correction within 14 days of receiving the
request. Any interpretation or correction shall be given in writing
and shall be notified in writing to the Secretary General or his
designate who shall transmit the same to the parties. Any
interpretation or correction shall take the form of an addendum and
shall become part of the award.
18.8 The Arbitrator may correct any error of the type referred
to in Article 17.1 on his own initiative within 14 days of the date
of the award.
18.3 Unless otherwise agreed by the parties, a party may by
notice to the Secretary General or his designate, request the
Arbitrator, within 14 days of the date of the award, and with
written notice to the other party, to make an additional award as
to claims presented in the reference to arbitration but not dealt
with in the award. If the Arbitrator considers the request to be
justified, he shall notify the Secretary General or his designate
within 7 days who shall transmit such notification to the parties.
The Arbitrator shall make the additional award within 28 days.
18.4 The provisions of Article 17 shall apply to any
interpretation or correction of the award and to any additional
Article 19 Payment into Court
Any party may at any time avail himself of the procedure for
payment into court pursuant to the provisions of Order 73 of the
Rules of the High Court of Hong Kong, although the Arbitrator may
take account of any written offer of settlement where a payment
into court could have been made.
Article 20 Costs
20.1 The costs of arbitration shall include the fees and
expenses of the Arbitrator and the Secretary General or his
designate administrative expenses fixed by the HKIAC which shall be
determined having regard to the Fee Schedule as shown in Appendix A
("Arbitration Costs and Administrative Fees Schedule") together
with the costs of any Assessor, transcriber or translator, save
that the HKIAC may, having regard to the complexity and
circumstances of the case, fix the fees of the Arbitrator at a sum
higher or lower than that indicated by the Fee Schedule.
20.2 The Arbitrator shall specify in the award the total amount
of the costs of the Arbitration. Unless the parties shall agree
otherwise after the dispute has arisen, the Arbitrator shall
determine the proportions in which the parties shall pay such
costs, provided that the parties will be jointly and severally
liable to the HKIAC for payment of all such costs until they have
been paid in full. If the Arbitrator has determined that all or any
of such costs be paid by any party other than a party which has
already paid them to the Arbitrator or the HKIAC, the latter party
shall have the right to recover the appropriate amount from the
20.3 Unless the parties shall agree otherwise after the dispute
has arisen, the Arbitrator may order in the award that all or a
part of the legal or other costs of one party reasonable in amount
and reasonably incurred shall be paid by the other party. The
Arbitrator also has power to tax these costs and shall do so if
requested by the parties.
20.4 If an arbitration is abandoned, suspended or concluded, by
agreement or otherwise, before the final award is made, the parties
shall be jointly and severally liable to pay to the HKIAC the costs
of the Arbitration as determined by the Arbitrator.
Article 21 Interest
Unless otherwise agreed by the parties, the Arbitrator may order
that compound interest be paid.
Article 22 Exclusion of Liability
22.1 Without prejudice to any existing rule of law, the
Arbitrator shall not be liable to any party for any act or omission
in connection with any arbitration conducted under the Rules, save
for the consequences of fraud or dishonesty.
22.2 The HKIAC and its Secretary General shall not be liable to
any party for any act or omission in connection with any
arbitration conducted under the Rules, save for the consequences of
fraud or dishonesty.
22.3 After an award has been made and the possibilities of
interpretation, correction and additional awards referred to in
Article 17 have lapsed or been exhausted, the Arbitrator, the HKIAC
and its Secretary General shall not be under any obligation to make
any statement to any person about any matter concerning the
arbitration, and no party shall seek to make the Arbitrator, the
HKIAC or its Secretary General or his designate a witness in any
legal proceedings arising out of the arbitration.
Article 23 Waiver
A party which knew or ought to have known of non-compliance with
the Rules and yet proceeds with the arbitration without promptly
stating its objection to such non-compliance, shall be deemed to
have waived its right to object. The Arbitrator shall determine any
issue which may arise as to whether a party has waived its right to
object to the non-compliance by any other party.
Article 24 Destruction of Documents
The HKIAC may destroy all documents served on it pursuant to the
Rules after the expiry of
a period of one year after the date of the last correspondence
received by the HKIAC relating
to the arbitration.
Article 25 Interpretation and General Clauses Ordinance
The Interpretation and General Clauses Ordinance (or any
statutory modification or reenactment thereof for the time being in
force) shall apply to these Rules.
Article 26 Confidentiality
No information relating to the arbitration shall be disclosed by
any person without the written consent of each and every party to
Article 27 Amendments
The HKIAC may amend the Rules from time to time at its sole
* The HKIAC will require payment of an appointment fee for the
use of its services as Appointing Authority as set out in the
Arbitration Costs and Administrative Fees Schedule.
** As defined under "The New Shorter Oxford English Dictionary,
Edition 1993" as (1) A person who sits as assistant or adviser to a
judge or magistrate on technical points. (2) A person who sits
beside another; a person who shares another's position.
Arbitration Costs and Administrative Fees Schedule
This Arbitration Costs and Administrative Fees Schedule governs
arbitrations conducted under the Hong Kong International
Arbitration Centre (HKIAC) Electronic Transaction Arbitration Rules
("the Rules"). All fees are in Hong Kong dollars.
1. Any party wishing to commence an arbitration pursuant the
Rules must submit a filing fee of HK$ 1000 made payable to the Hong
Kong International Arbitration Centre (HKIAC). Such payment is
2. Any application submitted by any party to the HKIAC to act as
Appointing Authority in accordance with the Rules shall be
accompanied by an appointment fee of HK$ 4000 made payable to the
HKIAC. Such payment is non-refundable.
3. Amounts fixed by the HKIAC to be paid to the Arbitrator do
not include any possible value-added taxes (VAT) or other taxes or
charges and imposts applicable to the Arbitrator's fee. Parties are
expected to pay any such taxes or charges, however, the recovery of
any such charges or taxes is a matter solely between
the Arbitrator and the parties.
4. Fees to be paid to the HKIAC in accordance with the HKIAC
Electronic Transaction Arbitration Rules shall be paid free of any
bank charges, transfer fees or any withholdings in Hong Kong
Dollars (HK$) only by cheque, draft or telegraphic transfer.
Cheques and draft are to be made payable to the "Hong Kong
International Arbitration Centre" Telegraphic transfers shall be
made as follows:
Account Name: Hong
Kong International Arbitration Centre
Account Number: 004 567 190897 001
1, Queens Road, Central, Hong Kong
5. The fees to be paid to the HKIAC do not include any payments,
which a Party might have to be made to a lawyer or representative
representing such party. Such fees are purely a matter for each
6. Arbitration Costs and Administrative Fees Schedule set forth
below shall be effective as of 1 January 2002 in respect of all
arbitrations commenced on or after such date, irrespective of the
version of the Rules applying to such arbitrations.
7. The HKIAC may amend the Arbitration Costs and Administrative
Fees Schedule from time to time at its sole discretion.
Arbitration Costs and Administrative Fees Schedule
Sums in Dispute
(in HK dollars)
Arbitrator's Fees (in HK dollars)
50 001 to
3 000 + 1.50% of
amount over 50 000
7 500 + 7.50% of
2 500 + 3.00% of
100 001 to
7 000 + 0.80% of
amount over 100 000
17 500 + 4.00% of
4 750 + 1.50% of
250 001 to
15 750 + 0.70% of
amount over 250 000
35 000 + 3.50% of
7 375 + 1.00% of
500 001 to
1 000 000
30 750 + 0.60% of
amount over 500 000
65 000 + 3.00% of
11 125 + 0.75% of
1 000 001 to
2 000 000
50 750 + 0.40% of
amount over 1 000 000
105 000 + 2.00% of
16 750 + 0.50% of
2 000 001 to
5 000 000
80 750 + 0.30% of
amount over 2 000 000
180 000 + 1.50% of
24 250 + 0.50% of
5 000 001 to
10 000 000
130 750 + 0.20% of
amount over 5 000 000
280 000 + 1.00% of
41 750 + 0.50% of
220 000 + 0.10% of
amount over 10 000 000
450 000 + 0.50% of
(*) Please note for the Documents-Only arbitration, the minimum
of the arbitrator's fees should apply.