article 1 - 3 (97-2003)

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ADR

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Govern arbitrations where an arbitration agreement either:

a. provides for these Rules to apply b. provides for arbitration administered by HKIAC

HKIAC as appointing authority or request certain services from HKIAC

Nov. 1, 2013

Applies to arbitration in which the Notice of Arbitration is submitted on or before said date

Art. 23.1 – Urgent interim or conservatory

relief Art. 28 – Consolidation of Arbitration Art. 29 - Single Arbitration under Multiple Contract

* Not applicable to arbitration where arbitration agreement was concluded before November 1, 2013

Any notice or other written communication shall be deemed received by a party, arbitrator, or HKIAC if:

(a)Delivered by hand, registered post or courier service to

i. address of the addressee or its representative

ii. address specified in the agreement

iii. any address which the addressee holds out to the world at the time of such delivery

iv. last known address of the addressee

b) transmitted by facsimile, email or any other means of telecommunication that provides records of transmission, including time and date, to:

i. facsimile or email ad of person or its representative

ii. specified in the agreement

iii. which the addressee holds out to the

world

Received on the earliest day when it is

delivered

Date - local time at the place of receipt

Delivered or transmitted to more than one party or more than one arbitrator

- received when delivered or transmitted to the last

intended recipient

PERIOD OF TIME – on the day following the day when

a notice, notification, communication or proposal is received or deemed to be received

* Last day is an official holiday, non-business day

- extended until the first business day

which follows

* Official holidays or non-business days occurring during the running of the period of time shall be included in calculating the period

HKIAC may amend time limits - provided by the rules - set by HKIAC

May not amend time limits set by ARBITRAL TRIBUNAL

Inconsistency - Arbitral Tribunal’s interpretation shall prevail

Decisions rendered by HKIAC - FINAL and subject to NO

APPEAL

References *to HKIAC* - to the Council of HKIAC or any

committee, sub-committee - to the Secretary General and

other staff members of the Secretariat

CLAIMANT – one or more claimants

RESPONDENT – one or more respondent

ADDITIONAL PARTY – one ore more additional

parties

PARTY OR PARTIES – claimants, respondents,

additonal parties

ARBITRAL TRIBUNAL – one or more arbitrators

but does not include EMERGENCY ARBITRATOR

WITNESS EXPERT

CLAIM OR COUNTERCLAIM - any claim or claims by any party

against any other party

DEFENSE – any defense or defenses by any party to

any claim or counterclaim submitted by any other party

- defense for set-off

AWARD – interim, interlocutory, partial or final award except awards made by Emergency Arbitrator

SEAT of Arbitration – PLACE

Practice Notes – to supplement, regulate and

implement these Rules

ENGLISH – original language

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