In diesem Fall sind die Schiedsregeln der Kommission der Vereinten Nationen für internationales Handelsrecht (UNCITRAL Arbitration Rules) bei weitem die beste Option. Second, the arbitration should be “conducted” in accordance with Hong Kong laws. Arbitration under the HKIAC Administered Arbitration Rules . This article will introduce the key points of drafting an arbitration agreement, starting from how to choose model arbitration clauses provided by institutions, and will also provide tips for drafting “tailored-made” arbitration clauses.As we mentioned in the second article of the International Arbitration Fundamentals series, institutional arbitration is more beneficial to parties with less experience in international arbitration when compared with ad hoc arbitration. Ad hoc arbitration is also less expensive than institutional arbitration as there is no institution to … A well-drafted arbitration clause should be included in any contract. International arbitration clauses—ad-hoc Example of ad-hoc clause Arbitration clauses provide for disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts. Such clauses are also called: recommended clauses, recommended arbitration clauses, sample arbitration clauses, standard recommended arbitration clauses, model clauses, draft arbitration clauses and separate arbitration agreements. Therefore, even if it is finally determined that the seat of arbitration should be Hong Kong SAR, a court in Chinese mainland may have jurisdiction over an application for recognition of the effect of an arbitration agreement (pursuant to Article 2 of the Because of the complicated situation and after multiple rounds of procedural disputes, the two parties finally chose to settle the case before arbitration.In the review after the case, we found the caused the ineffectiveness of this arbitration agreement was that the two parties confused the meaning of several elements, such as governing law for substantive dispute, arbitration procedural law, and arbitration procedure rules. However, since the Parties should pay attention to the default provisions in the arbitration institution’s rules on specific matters such as the composition of tribunal, costs and procedures.For more information on how to choose a suitable international arbitration institution, please refer to the article Tailor-made Decision on a Suitable International Arbitration Institution written by KWM partner Liu Yuwu and others. [2]From the various international arbitration cases we have acted in over recent years, it seems that parties are paying more attention to arbitration clauses and applicable laws. As there’s no provision in the arbitration clause that the seat of arbitration should be Hong Kong SAR, and according to the CIETAC arbitration rules, the case should be governed by CIETAC Beijing when the parties involved have not expressly agreed to submit the case to any CIETAC branch. Convenient, Affordable Legal Help - Because We Care! Governing law. Feb. 22, 2005)] [ CITY OF PONTIAC v. MICHIGAN ASS'N OF POLICE & PONTIAC POLICE OFFICERS ASS'N, 2005 Mich. App. With LexisPSL, you can. These elements will not have a substantial impact on the effectiveness of the arbitration agreement. Wenn Sie sich für ein Ad-hoc-Schiedsverfahren entscheiden, sollten die Parteien Schiedsregeln wählen, die speziell für diese Art von Verfahren entwickelt wurden. The original independent clause for governing law for substantive dispute was deleted, and the text in the model clause which provided for arbitration procedural rules was directly replaced with “Hong Kong law” without a clear definition, resulting in the missing and mixed-up of elements in the arbitration agreement, as illustrated below:In this regard, we suggest that when drafting a “customized” arbitration agreement, the parties should first identify the location of the arbitration institution and expressly make it the seat of arbitration. The two parties did not clearly agree on the seat of arbitration, and it just so happens that the CIETAC is headquartered in Chinese mainland and has a branch in Hong Kong SAR. As seen in: The reason is that the arbitration institution will manage the proceedings based on a set of well-established procedural rules, which provide a framework ensuring successful proceedings and reduce administrative burden of the parties.Chinese entities should try to submit to the arbitration institution agreed by both parties as much as possible instead of using ad hoc arbitration unless necessary. Proceedings under ad hoc arbitration are more flexible, cheaper and faster than an administered proceeding. Under an ad hoc arbitration the parties are able to create their own rules, but this requires a spirit of cooperation. Arbitration administered by HKIAC under the UNCITRAL Rules.

Cost savings can disappear if this is lacking.

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