The China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center Rules as Appointing Authority in Ad Hoc Arbitrations (í░Appointing Authority Rulesí▒), passed at the CIETAC Chairmení»s Meeting on 27 April 2017, will come into effect on 1 July 2017. The Appointing Authority Rules shall be implemented by the China International Economic and Trade Arbitration Commission (í░CIETACí▒) Hong Kong Arbitration Center.
The Appointing Authority Rules are designed to address the provision of facilitative arbitration services based on partiesí» agreement upon request in ad hoc arbitrations beyond those under the United Nations Commission on International Trade Law Arbitration Rules (í░UNCITRAL Arbitration Rulesí▒). The Appointing Authority Rules apply where the CIETAC Hong Kong Arbitration Center acts as appointing authority or provide arbitration-related services in the following circumstances:
? where parties have agreed to refer their disputes to arbitration under the UNCITRAL Arbitration Rules;
? where parties have agreed to refer their disputes to arbitration under other ad hoc arbitration rules; and/or
? in other non-institutional arbitration cases prescribed by law or agreed by parties.
When acting as appointing authority under the Appointing Authority Rules, the CIETAC Hong Kong Arbitration Center carries out the following functions at the request of a party (and at the request of an arbitrator or an arbitral tribunal, where applicable):
? appointment of arbitrator, including decision on the number of arbitrators to be appointed;
? decision on challenges to arbitrators;
? determination of arbitratorsí» fees and his/her Terms of Appointment;
? undertaking of financial management of arbitrations;
? provision of oral hearing services;
? provision of tribunal secretary service; and
? provision of other services in relation to arbitration carried out under the Appointing Authority Rules.
Under the Appointing Authority Rules, the functions of CIETAC Hong Kong Arbitration Center as appointing authority are carried out by an Appointment Committee, which consists of 5 to 7 experienced arbitration professionals appointed by CIETAC. The Appointment Committee is chaired by the Vice Chairman of CIETAC as authorised by CIETACí»s Chairman.
The Appointing Authority Rules benefited from the wealth of arbitration experience and research outcomes of CIETAC during its production. They also combined valuable elements of the 2013 UNCITRAL Arbitration Rules and the International Bar Associationí»s Guidelines on Conflicts of Interest in International Arbitration, thereby offering arbitration users services in conformity with international arbitration practice and directions to cater for the needs and customs of parties from different jurisdictions in dispute resolution.
When making appointment of an arbitrator or when deciding on the number of arbitrators to be appointed, the Appointment Committee shall take into account, inter alia, the nature of the dispute, the nationality or nationalities of the parties, the amount in dispute, the complexity of the dispute and the urgency of the case. This practice ensures that skilled and qualified arbitrators are appointed to provide parties with tailor-made arbitration services suited to their specific disputes.
The Appointing Authority Rules are drafted to answer partiesí» demands for efficient and effective dispute resolution services. To facilitate the dispute resolution process, parties may select the Appointing Authority Rules designed for use in ad hoc arbitrations and designate the CIETAC Hong Kong Arbitration Center as appointing authority to appoint arbitrator(s), amongst its other functions under the Appointing Authority Rules, in ad hoc arbitrations. Further, CIETAC may provide parties with the relevant arbitration services under the Appointing Authority Rules in accordance with the provisions of the applicable law and others.
Special thanks from the CIETAC Hong Kong Arbitration Center go to the CIETAC arbitrators, the judiciaries, and other legal experts and practitioners for their valuable contribution to the drafting of the Appointing Authority Rules.
The China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center Rules as Appointing Authority in Ad Hoc Arbitrations can be viewed here.