9 Conduct of the Arbitration (Articles 13–22, 25–26, 30–31)

Subject(s):

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

This chapter addresses a number of key procedural steps and principles in an HKIAC arbitration. It begins with a discussion of the general principles governing the conduct of proceedings, followed by rules concerning the seat and venue of the arbitration and the language of the arbitration. The chapter then analyses the filing of and amendment to the parties’ written submissions. Next, the chapter discusses the arbitral tribunal’s authority to rule on its own jurisdiction as well as HKIAC’s prima facie power to proceed with an arbitration. The remainder of the chapter covers evidentiary matters and hearings, experts appointed by the arbitral tribunal, non-participation of a party in the arbitral proceedings, closure of the proceedings, and the waiver of a party’s right to object.