HKIAC option to fast-track arbitrations

By Hu Sicen, HKIAC
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In an effort to promote efficiency in arbitration, the Hong Kong International Arbitration Centre (HKIAC) first introduced an expedited procedure in the 2008 HKIAC Administered Arbitration Rules, and incorporated new features to this procedure in the 2013 rules. The expedited procedure is still part of the 2018 HKIAC Administered Arbitration Rules (article 42) and has been widely used by parties to speed up their arbitrations.

Pursuant to the expedited procedure provision in the HKIAC rules, subject to any lien, the final award shall be communicated to the parties within six months from the date when the HKIAC transmitted the case file to the arbitral tribunal.

The HKIAC has reported that in the arbitrations conducted under the expedited procedure between 1 November 2013 and 31 May 2021, the median time from the transmission of a case file to the issuance of the final award was 5.8 months, with the median total duration of the arbitration being 8.9 months. By contrast, in standard procedures the median length of the arbitration from its commencement to the final award was longer – 13 months – leading to higher costs.

APPLICATION FOR EXPEDITION

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Hu Sicen is deputy counsel at the Hong Kong International Arbitration Centre (HKIAC)