The Agreement To Arbitrate Disputes is a crucial legal document used when parties wish to establish arbitration as their preferred method of dispute resolution under Hong Kong law. It is particularly relevant for commercial relationships where parties seek a private, efficient, and internationally recognized dispute resolution mechanism. The agreement leverages Hong Kong's status as a leading arbitration hub and its pro-arbitration legal framework, which is based on the UNCITRAL Model Law. This document is commonly used in various commercial contexts, from international trade to joint ventures, and can be either standalone or incorporated into broader commercial agreements. It includes essential provisions about the arbitration process, tribunal composition, applicable rules, and enforcement mechanisms, all while ensuring compliance with Hong Kong's Arbitration Ordinance (Cap. 609).
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1. Parties: Identification of all parties entering into the arbitration agreement, including full legal names and addresses
2. Background: Context of the agreement and the relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Agreement to Arbitrate: The core provision establishing the parties' agreement to submit disputes to arbitration
5. Scope of Arbitration: Defines what types of disputes are covered by the arbitration agreement
6. Arbitration Rules: Specifies which arbitration rules will govern (typically HKIAC Rules in Hong Kong)
7. Seat of Arbitration: Establishes Hong Kong as the seat of arbitration and the governing law
8. Language of Arbitration: Specifies the language in which arbitration proceedings will be conducted
9. Number and Appointment of Arbitrators: Specifies the number of arbitrators and the process for their appointment
10. Confidentiality: Provisions regarding the confidentiality of the arbitration proceedings and any related documents
11. Costs: Provisions regarding the allocation of arbitration costs
12. Governing Law: Confirms Hong Kong law as the governing law of the arbitration agreement
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Emergency Arbitrator Provisions: Optional provisions for emergency relief before the constitution of the arbitral tribunal
2. Multi-tier Dispute Resolution: Optional provisions requiring negotiation or mediation before arbitration
3. Consolidation and Joinder: Optional provisions allowing for consolidation of related arbitrations or joinder of additional parties
4. Expert Determination: Optional provisions for certain technical matters to be referred to expert determination
5. Expedited Procedure: Optional provisions for expedited arbitration in smaller cases
6. Document Preservation: Optional provisions regarding the preservation of documents relevant to potential disputes
1. Schedule 1: Notice Details: Contact details for service of notices related to arbitration
2. Schedule 2: Pre-Agreed Arbitrators: Optional list of pre-approved arbitrators that parties can choose from
3. Schedule 3: Special Procedures: Any specific procedures agreed by the parties for particular types of disputes
4. Appendix A: Model Notice of Arbitration: Template for initiating arbitration proceedings
5. Appendix B: Fee Schedule: Reference to or incorporation of applicable arbitration fee schedules
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