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12 Miscellaneous Provisions (Articles 41–43)

From: A Guide to the HKIAC Arbitration Rules

Michael Moser, Chiann Bao

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 09 December 2022

Arbitrability — Arbitral rules — Arbitral agreements — Arbitral tribunals — Confidentiality and privilege — Statehood, jurisdiction of states, organs of states

This chapter covers the final three provisions of the HKIAC Rules. These are: Article 41—the expedited procedure, Article 42—the duty of confidentiality, and Article 43—the exclusion of liability. Article 41 of the HKIAC Rules allows parties to arbitrate their disputes under an Expedited Procedure in order to reduce the time, costs, and complexity of certain disputes. Article 42 is wider in scope than the confidentiality obligations under the Arbitration Ordinance, and is thus ideal for parties to commercial disputes involving sensitive commercial information or trade secrets. Lastly, Article 43 sets out a broader scope of exclusions than that of most of the other institutional rules—it extends to HKIAC and any committee, subcommittee, or other body or person specifically designated by it to perform HKIAC’s administrative or appointing functions; the Secretary General of HKIAC; and other staff members of the HKIAC Secretariat.

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