6 Commencement of the Arbitration (Articles 4 and 5, Schedule 1)

Subject(s):

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

This chapter discusses the initial procedural steps in an arbitration under the HKIAC Rules. The commencement of an arbitration represents the starting point for the arbitral process. This is a critical step as the commencement is relevant to timing issues including limitation periods, and a party commencing an arbitration precludes the possibility of referring the same dispute to a court. Hence the chapter describes the form and content requirements for submitting the Notice of Arbitration (‘Notice’). It then addresses the requirements for filing an Answer to the Notice of Arbitration (‘Answer’) and the applicable time limit. Lastly, the chapter deals with payment of the Registration Fees and Administrative Fees charged by HKIAC for rendering its case administration services.