Out-Law / Your Daily Need-To-Know

South China International Arbitration Centre Arbitration Rules come into force

Out-Law News | 02 Jun 2022 | 12:58 am | 1 min. read

The South China International Arbitration Centre (SCIAC) (Hong Kong) Arbitration Rules came into force on 1 May.

The rules are drafted on the basis of the 2013 UNCITRAL Arbitration Rules and follow their structure and numbering. The SCIAC rules have added mechanisms such as consolidation, concurrent proceedings, expedited procedure, summary dismissal and emergency arbitration.

The new rules include five appendices, which incorporate an emergency arbitrator procedure; optional appellate arbitration procedure; registration and administrative costs of the centre; fees and expenses of arbitrators; and relevant notes.

Among others, appendix 5 of the SCIAC rules provides a list of changes to the 2013 UNCITRAL Arbitration Rules, providing an overview of the Rules. The changes have been made to accommodate institutional arbitration, to ensure the cost-effectiveness of arbitration, and to allow for effective dispute resolution.

Hinson Cheung of Pinsent Masons said: “The introduction of a new set of arbitration rules from Shenzhen Court of International Arbitration (SCIA), an institution with a deep understanding of the legal system in mainland China, is testimony of its efforts to promote arbitration, by providing an arbitration platform for parties in the Greater Bay area.”

“The conscious adoption of the list system and allowing the arbitrator to be of the same nationality as the parties as well as providing for mediation in the arbitration procedure, sets the new rules apart from the current Hong Kong International Arbitration Centre (HKIAC) Administered Rules. It is a clear demonstration of SCIAC’s efforts to amalgamate arbitration procedures between the mainland China and Hong Kong Special Administrative Region (SAR). This is no doubt an exciting development,” he said.

The SCIAC (Hong Kong) is an arbitral institution established in Hong Kong SAR, China. It is affiliated to the Shenzhen-based SCIA but operates as an independent institution.