10 Complex Arbitrations (Articles 27–29)

Subject(s):

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

This chapter considers three of HKIAC’s mechanisms for dealing with complex arbitrations: the joinder of additional parties, the consolidation of two or more arbitrations, and the commencement of a single arbitration under multiple contracts. It emphasizes the need for institutional rules to include mechanisms for administering multi-party and multi-contract cases. Indeed, the desire to streamline procedure in multi-party/multi-contract situations was recognized as a priority during the revisions to the 2008 HKIAC Rules. HKIAC was keen to ensure that it had appropriate powers to supervise and progress such proceedings and to reduce the scope for parties to use these—now common—complexities to delay or obstruct the arbitral process. The resulting provisions are key features of the HKIAC Rules and a principal reason for parties to select the HKIAC Rules in their agreements.