An Arbitration Contract is a crucial legal document used when parties wish to agree to resolve their disputes through arbitration rather than court litigation. This document is particularly relevant in Hong Kong, one of Asia's premier arbitration hubs, known for its pro-arbitration legal framework and sophisticated arbitration infrastructure. The agreement must comply with the Hong Kong Arbitration Ordinance (Cap. 609) and typically incorporates the HKIAC Administered Arbitration Rules. It is commonly used in international commercial contracts, joint ventures, construction projects, and other business arrangements where parties prefer the privacy, flexibility, and expertise offered by arbitration. The document includes essential elements such as the scope of arbitrable disputes, arbitrator selection process, procedural rules, and enforcement mechanisms, ensuring compatibility with both Hong Kong law and international arbitration conventions.
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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 relationship between the parties
3. Definitions: Key terms used throughout the agreement
4. Agreement to Arbitrate: Core agreement to submit disputes to arbitration, including scope of arbitrable matters
5. Arbitration Rules: Specification of applicable arbitration rules (e.g., HKIAC Rules)
6. Seat of Arbitration: Designation of Hong Kong as the seat of arbitration and implications
7. Language of Arbitration: Specification of the language(s) to be used in proceedings
8. Number and Appointment of Arbitrators: Process for selecting arbitrators and size of tribunal
9. Governing Law: Specification of Hong Kong law as governing law of the arbitration agreement
10. Confidentiality: Obligations regarding confidentiality of proceedings and materials
11. Costs: Allocation of arbitration costs and legal fees
12. Notice Provisions: Methods and addresses for serving notices related to arbitration
1. Emergency Relief: Provisions for emergency arbitrator and interim measures, recommended for complex commercial relationships
2. Multi-party Provisions: Special provisions for cases involving multiple parties, needed when more than two parties might be involved
3. Consolidation and Joinder: Provisions allowing related arbitrations to be combined or additional parties joined, useful for complex project agreements
4. Expert Determination: Provisions for technical matters to be referred to expert determination, useful for specialized industry contracts
5. Mediation-Arbitration: Provisions for attempted mediation before arbitration, useful for ongoing business relationships
6. Appeal Mechanism: Provisions for appeals on points of law, if parties want additional review options
7. Document Retention: Specific requirements for maintaining documents, useful in document-heavy industries
1. Schedule 1: Arbitration Procedures: Detailed procedures for conducting the arbitration, including timelines and specific requirements
2. Schedule 2: Fee Schedule: Breakdown of administrative fees, arbitrator fees, and other costs
3. Schedule 3: Model Notice of Arbitration: Template for initiating arbitration proceedings
4. Appendix A: Definitions: Extended definitions and interpretations if too lengthy for main agreement
5. Appendix B: Form of Arbitrator Declaration: Standard form for arbitrator statements of independence and impartiality
6. Appendix C: Document Production Protocol: Procedures for document disclosure and production during arbitration
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