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15 Special Provisions for CIETAC Hong Kong Arbitration: (Articles 73 to 80)

From: A Guide to the CIETAC Arbitration Rules

Jianlong Yu, Lijun Cao

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 October 2021

Subject(s):
Foreign judgments, recognition and enforcement — Appointment of arbitrator — Awards — Expedited procedure — Jurisdiction — Recognition and enforcement — Costs and expenses — Arbitration

This chapter highlights the special provisions for CIETAC Hong Kong Arbitration. The establishment of the CIETAC Hong Kong marks the CIETAC’s first step in its global strategy. It was also a recognition of the importance and popularity of Hong Kong as a place for arbitration of China-related international disputes. However, arbitration in Hong Kong entails several important differences from arbitration in mainland China. The new Chapter VI of the 2015 CIETAC Rules comprises the CIETAC’s special provisions for Hong Kong Arbitration which are intended to address these differences. The key provisions of Chapter VI deal with the application, place of arbitration, law applicable to the arbitral proceedings, decisions on jurisdiction, nomination/appointment of the tribunal, interim measures and emergency relief, seal on award, and arbitration fees of CIETAC Hong Kong proceedings. The chapter concludes by discussing two necessary topics: the enforcement of CIETAC Hong Kong awards; and the recent initiatives of the CIETAC Hong Kong.

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