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A Guide to the HKIAC Arbitration Rules by Moser, Michael J; Bao, Chiann (16th February 2017)

4 Model Arbitration Clauses

Michael Moser, Chiann Bao

From: A Guide to the HKIAC Arbitration Rules

Michael J Moser, Chiann Bao

Appointment of arbitrator — Arbitrability — Arbitral rules & institutions — Arbitral agreements — Arbitral tribunal

This chapter discusses the purpose and function of model arbitration clauses. A model arbitration clause recommended by an arbitral institution provides for the essential elements of an arbitration agreement. Such model arbitration clauses are of a general nature and are thus suitable for many different types of agreements. Parties who choose to include an arbitration clause in their agreement may in addition modify a model clause to suit their needs. With these in mind the chapter begins with a general discussion of the nature and scope of model arbitration clauses, followed by an overview of the components of HKIAC model clauses. The chapter then concludes with a discussion of some further considerations for arbitration clauses.

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