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The China International Economic and Trade Arbitration Commission’s (CIETAC) Hong Kong Arbitration Centre Rules as Appointing Authority in Ad Hoc Arbitration came into effect on 1 July 2017. The appointing authority rules are to be implemented by CIETAC Hong Kong Arbitration Centre.

The drafting of the appointing authority rules benefited greatly from the wealth of arbitration experience and extensive research efforts of CIETAC, as well as valued input from learned CIETAC arbitrators, judiciaries and legal experts. The rules also combined valuable elements of the 2013 United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and the International Bar Association’s (IBA) Guidelines on Conflicts of Interest in International Arbitration, and so offer arbitration users comprehensive services, conforming with international practice, to cater for the needs and preferences of parties from different jurisdictions in the dispute resolution process.

Answering parties’ demands for effective dispute resolution services. Designed with the interests of arbitration users in mind, the appointing authority rules are drafted to facilitate efficient and effective dispute resolution in ad hoc arbitrations based on parties’ agreement.

Wang Wenying
Wang Wenying

Parties may select the appointing authority rules and designate the CIETAC Hong Kong Arbitration Centre as appointing authority to appoint arbitrator(s), among its other functions, under the appointing authority rules in ad hoc arbitrations, beyond those under the UNCITRAL arbitration rules. CIETAC may also provide parties with the relevant arbitration services under the appointing authority rules, in accordance with relevant provisions of the applicable law.

Multi-faceted function as appointing authority. When acting as appointing authority under the appointing authority rules, the CIETAC Hong Kong Arbitration Centre serves a multi-faceted function at the request of a party, and at the request of an arbitrator or an arbitral tribunal, where applicable.

The roles include: appointment of arbitrator and decision on the number of arbitrators to be appointed; decision on challenges; determination of arbitrators’ fees and verification of terms of appointment; undertaking of financial management of arbitrations; provision of oral hearing services, tribunal secretary services and other services in relation to arbitrations carried out under the appointing authority rules.

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The appointing authority rules are available in English and Chinese on the CIETAC Hong Kong Arbitration Centre website: http://www.cietachk.org

Wang Wenying is the secretary-general and Theresa Tseung is the deputy counsel at the CIETAC Hong Kong Arbitration Centre

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