The Arbitration Submission Agreement is a crucial document used when parties who don't have a pre-existing arbitration clause in their contract decide to resolve their dispute through arbitration rather than court litigation. Under Hong Kong law, which is based on common law principles and the Arbitration Ordinance (Cap. 609), this agreement serves as the foundation for arbitration proceedings. It must clearly define the scope of the dispute, the arbitration process, and the parties' rights and obligations. The document is particularly relevant in Hong Kong's position as a major international arbitration hub, where parties often seek to leverage the jurisdiction's well-developed arbitration framework and pro-arbitration judicial attitude. The agreement needs to comply with both Hong Kong law and international arbitration conventions, ensuring enforceability both locally and internationally.
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1. Parties: Identification of all parties to the agreement, including their full legal names, registration details, and addresses
2. Background: Description of the existing dispute between the parties and any relevant history leading to this agreement
3. Definitions: Definitions of key terms used throughout the agreement, including references to the arbitration rules and relevant legislation
4. Agreement to Arbitrate: Core provision where parties agree to submit their dispute to arbitration and waive their right to litigate
5. Scope of Arbitration: Precise description of which disputes are being submitted to arbitration
6. Arbitration Procedure: Details of the arbitration process, including seat of arbitration, number of arbitrators, arbitration rules, and language
7. Appointment of Arbitrators: Process for selecting and appointing arbitrators, including any agreed qualifications
8. Governing Law: Specification of Hong Kong law as governing law and relevant arbitration legislation
9. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and any related documents
10. Costs: Provisions regarding allocation of arbitration costs and legal fees
1. Interim Measures: Provisions regarding the power of the tribunal to grant interim measures, used when parties anticipate need for urgent relief
2. Multi-party Provisions: Special provisions for cases involving more than two parties, including joinder and consolidation
3. Expert Determination: Provisions for appointment of experts, used when technical expertise is required
4. Mediation-Arbitration: Provisions for attempted mediation before proceeding to arbitration, used when parties want to try settlement first
5. Document Preservation: Specific obligations regarding preservation of documents, used in document-heavy disputes
6. Language of Documents: Provisions regarding translation of documents, used when parties operate in different languages
1. Schedule 1: Dispute Description: Detailed description of the dispute being submitted to arbitration
2. Schedule 2: Arbitration Procedure Rules: Specific procedural rules agreed by the parties, supplementing the chosen arbitration rules
3. Schedule 3: Documents List: List of key documents relevant to the dispute
4. Schedule 4: Arbitrator Qualifications: Detailed requirements for arbitrator qualifications and experience
5. Appendix A: Timeline: Agreed timeline for the arbitration proceedings
6. Appendix B: Fee Schedule: Schedule of arbitration fees and cost allocation principles
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