Comparison of Asian International Arbitration Rules - Third Edition

The International Arbitration Team at Hogan Lovells LLP continues the work in compiling the current Third Edition of Comparison of Asian International Arbitration Rules. The publication is an invaluable resource for all lawyers as it provides the most up-to-date comparison of major institutional rules used in Asia and around the globe. Whether you are helping clients draft arbitration provisions for contracts; helping clients through arbitration proceedings; or researching the cornerstone of international arbitration, the knowledge contained in Comparison of Asian International Arbitration Rules, Third Edition is your guide. This book allows you to spend less time searching and more time solving your client’s most pressing legal issues and problems.

The following updated rules are chronicled and compared in a chart of parallel provisions. All sets of Rules in the current Comparison of Asian International Arbitration Rules, Third Edition have been completely updated and revised for this publication:

• The China International Economic and Trade Arbitration Commission (CIETAC)

• Hong Kong International Arbitration Centre (HKIAC)

• Japan Commercial Arbitration Association (JCAA)

• Korean Commercial Arbitration Board (KCAB)

• Singapore International Arbitration Centre (SIAC)

Additionally, the rules for the United Nations Commission on International Trade Law (UNCITRAL) are included as the preeminent set of ad hoc international arbitration rules, which are frequently used by parties in Asia as well as by Asia arbitration organizations, such as the HKIAC, as the basis for their institutional arbitration rules. This Third Edition also includes the rules of the International Chamber of Commerce (ICC) as another set of major institutional rules used in Asia.

Expected June 2023

PDF of Title Page & TOC

Comparison of Asian International Arbitration Rules of
ICC, CIETAC, HKIAC, JCAA, KCAB, SIAC, AND UNCITRAL
A Chart of Parallel Provisions

ARBITRATION CLAUSE
Model Clause
Effect of Arbitration Clause/Scope of Application of Rules

COMMENCEMENT OF ARBITRATION
Notice of Arbitration or Request for Arbitration
Answer to Notice of Arbitration or Request for Arbitration
Counterclaims/Reply
Amendment to Claims, Defenses and Counterclaims
Registration Fee/Administrative Fee
Withdrawal of Claim

MULTI-PARTY/MULTI-CONTRACT ARBITRATION
Joinder of Parties
General Rules on Consolidation
Single Arbitration under Multiple Contracts

GENERAL CONDITIONS
Notices and Communications/Calculations of Time Periods
Place of Arbitration
Language
Representation and Assistance
Confidentiality

ARBITRATORS AND ARBITRAL TRIBUNAL
Number of Arbitrators
Appointment of Arbitrators
Appointment of Presiding Arbitrators in Multi-member Tribunals
Appointing of Arbitrators in a Multi-party Arbitration
Qualifications of Arbitrators
Disclosure by Arbitrators
Challenge of Arbitrators
Replacement of Arbitrators
Communications Between Parties and Arbitrators
Liability of Arbitrators/Arbitral Institutions

ARBITRAL PROCEEDINGS
Conduct of Proceedings Generally
Terms of Reference/Procedural Timetable/Case Management Conference
Time Limits
Hearings
Evidence
Experts
Default
Waiver of Rules
Closure of Hearings/Proceedings

INTERIM MEASURES BY ARBITRAL TRIBUNAL OR BY EMERGENCY ARBITRATOR
Interim Measures
Emergency Interim Measures

EXPEDITED ARBITRATION PROCEDURES
Early Dismissal of Claims and Defences
Expedited Procedure

COSTS OF THE ARBITRATION
Advance on Costs
Compensation of Arbitrators

ARBITRAL AWARDS
Time Limits for Award
Quorum/Dissents
Place, Form, Notification and Effect of Award
Determination and Allocation of Arbitration Costs
Correction, Interpretation or Supplementation of Award
Settlement/Other Termination

SCHEDULES OF FEES

APPENDIX

International Chamber of Commerce (“ICC”) Arbitration Rules

China International Economic and Trade Commission (“CIETAC”) Arbitration Rules

Hong Kong International Arbitration Centre (“HKIAC”) Administered Arbitration Rules

Japan Commercial Arbitration Association (“JCAA”) Arbitration Rules

Japan Commercial Arbitration Association (“JCAA”) Interactive Arbitration Rules

Korea Commercial Arbitration Board (“KCAB”) Arbitration Rules

Singapore International Arbitration Centre (“SIAC”) Arbitration Rules

United Nations Commission on International Trade Law (“UNCITRAL”) Arbitration Rules

EDITORS

James Kwan is a Partner in Hogan Lovells’ Hong Kong office. James has represented clients in complex arbitrations in Asia, the United States, the Middle East, and Europe under the major institutional rules such as the International Chamber of Commerce (ICC), Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC), China International Economic and Trade Arbitration Commission (CIETAC), American Arbitration Association (AAA), London Court of International Arbitration (LCIA), Dubai International Arbitration Centre (DIAC), Court of Arbitration for Sport (CAS), and in ad hoc arbitrations.

Zoe Dong is a Senior Associate in Hogan Lovells’ Hong Kong office. Zoe is experienced in representing a number of Chinese and multi-national companies in international arbitrations under the major institutional rules. She also has experience working on high-value, complex and multi-jurisdictional commercial litigation, and on internal investigation and regulatory enforcement and compliance matters.

Shi Jin Chia is an Associate in Hogan Lovells’ Singapore office. Shi Jin has experience on a wide range of multi-jurisdictional contentious matters under major arbitral institutions such as the Singapore International Arbitration Centre (SIAC), the International Chamber of Commerce (ICC) and the Hong Kong International Arbitration Centre (HKIAC) across various industry sectors, including the energy and natural resources, financial institutions and consumer sectors.

Author/Editor Detail: