2024年1月23日，香港国际仲裁中心（（Hong Kong International Arbitration Centre，下称“HKAIC”）发布了对现行的《2018香港国际仲裁中心机构仲裁规则》（下称“2018规则”）修订意见（下称“修订意见”），诚邀广大用户于 2024年2月23日前将对修订意见的建议发送至HKAIC官方邮箱 firstname.lastname@example.org。修订意见的主要内容包括：鼓励仲裁庭组成多元化、加强多份合同下启动单个仲裁的机制、明确仲裁庭解决初步问题的权力、引入信息安全条款以及明确紧急仲裁员的权力。
10.1 The parties and co-arbitrators are encouraged to take into account considerations of diversity when designating arbitrators in accordance with Articles 7 and 8 of the Rules.10.2 When exercising its authority to appoint under Articles 7 or 8 of the Rules, HKIAC shall take into account considerations of diversity together with all other relevant considerations.
30.2 Where HKIAC decides pursuant to Article 20.5 that the arbitration has been properly commenced under this Article 30, the parties shall be deemed to have waived their rights to designate an arbitrator. HKIAC shall appoint the arbitral tribunal in respect of the arbitration with or without regard to any party’s designation.
14.6 In addition to the powers provided in Article 44, the arbitral tribunal may, in its discretion and in consultation with the parties, determine preliminary issues that the tribunal considers could dispose of all or part of the case, bifurcate the proceedings, conduct the arbitration in sequential stages, and decide the stage of the arbitration at which any issue or issues shall be determined, or otherwise adopt procedures to decide the case efficiently.
14.9 The arbitral tribunal may, after consulting with the parties, take any measure necessary to avoid a conflict of interest arising from a change in party representation, including by excluding the proposed new party representatives from participating in the arbitral proceedings.
14.10 HKIAC may, after consultation with the parties and the arbitral tribunal, take any measure necessary to preserve the efficiency or integrity of the arbitration, including by revoking the appointment of any arbitrator where it considers that the arbitrator is prevented from or has failed to fulfill his or her functions in accordance with the Rules or within the prescribed time limits.
28.13 Where an additional party is joined to the arbitration, HKIAC may revoke any confirmation or appointment of an arbitrator, and if so, shall appoint the arbitral tribunal with or without regard to any party’s designation.
47.1 The parties may agree on any reasonable measures to protect information shared, stored, or processed in relation to the arbitration.
47.2 The arbitral tribunal may, after considering the views of the parties, give directions to the parties to protect the security of any information shared, stored, or processed during the arbitration, taking into account the circumstances of the case.
47.3 The arbitral tribunal may, after taking into account the views of the parties, make a decision, order or award in respect of any breach of the information security measures agreed by the parties or directed by the arbitral tribunal, pursuant to this Article.
3.1 (f) communicated through any form of electronic communication that the parties have agreed to use, subject to approval by HKIAC and the arbitral tribunal, once constituted.
14.1 Subject to these Rules, the arbitral tribunal shall adopt suitable procedures for the conduct of the arbitration in order to avoid unnecessary delay or expense, having regard to the complexity of the issues, the amount in dispute, the effective use of technology, information security, and environmental impact, and provided that such procedures ensure equal treatment of the parties and afford the parties a reasonable opportunity to present their case.
10. Taking into account the urgency inherent in the Emergency Relief proceedings and ensuring that each party has a reasonable opportunity to be heard on the Application, the emergency arbitrator may…The Emergency Arbitrator shall have the power to make any order within the period referred to in paragraph 12 of this Schedule, pending the Emergency Decision.
13. The emergency arbitrator may proceed with the Emergency Relief proceedings and the Emergency Decision may be made within the period referred to in paragraph 12 of this Schedule, even if in the meantime the case file has been transmitted to the arbitral tribunal.
14. Subject to paragraph 13 of this Schedule, the emergency arbitrator shall have no further power to act once the arbitral tribunal is constituted.
35.1 The arbitral tribunal shall determine the costs of the arbitration in one or more orders or awards. The term "costs of the arbitration” includes only:… (e) the reasonable costs associated with Emergency Arbitrator proceedings; and…
32.1 When it is satisfied that the parties have had a reasonable opportunity to present their case, whether in relation to the entire proceedings or a discrete phase of the proceedings, and no later than 45 days from the last directed substantive oral or written submissions in respect of the discrete phase of the proceedings (excluding submissions on costs under Article 35), the arbitral tribunal shall declare the proceedings or the relevant phase of the proceedings closed. Thereafter, no further submissions or arguments may be made, or evidence produced in respect of the entire proceedings or the discrete phase, as applicable, unless the arbitral tribunal reopens the proceedings or the relevant phase of the proceedings in accordance with Article 32.4.
35.3 In deciding whether and how to apportion the costs of the arbitration in accordance with Article 35.2, the arbitral tribunal shall take into account the circumstances of the case, including but not limited to:(a) the scale and complexity of the dispute pursuant to Article 14.1; (b) the conduct of the parties in relation to the proceedings;(c) any third party funding arrangement;(d) any outcome related fee structure agreement; and/or(e) any adverse environmental impact.
43.3 Upon the request of any party or the arbitral tribunal, or if HKIAC so determines, and after consulting with the parties and any confirmed or appointed arbitrators, HKIAC may, having regard to any new circumstances that have arisen, decide that the Expedited Procedure under Article 43 shall no longer apply to the case. Unless HKIAC considers that it is appropriate to revoke the confirmation or appointment of any arbitrator, the arbitral tribunal shall remain in place.