HKIAC 发布2017年数据
2017 Statistics
HKIAC is pleased to release the following case statistics for 2017:
Total new cases: A total of 532 new cases were filed at HKIAC in 2017 (a 15.7% increase from 2016). Of those new cases, 297 were arbitrations, 15 were mediations and 220 were domain name disputes.
Overall arbitration cases: Within the 297 arbitrations commenced in 2017, 156 were administered by HKIAC under the HKIAC Administered Arbitration Rules or the UNCITRAL Arbitration Rules (a 66% growth from 2016).
International arbitration cases: 73.1% of all arbitration cases filed with HKIAC in 2017 were international in nature, i.e. at least one party was not from Hong Kong (72.3% of the administered arbitrations filed in 2017 were international cases). 40.8% of all new arbitration cases involved no Hong Kong parties and 5.2% involved no Asian parties.
Amount in dispute: The total amount in dispute in all arbitration cases was HK$39.3 billion (approximately US$5 billion), which represented a 100% increase from US$2.5 billion in 2016.
Geographical origin or nationality of parties: Parties from 39 jurisdictions participated in HKIAC arbitrations in 2017. The top ten geographical origins or nationalities of these parties were:
Hong Kong
Mainland China
Singapore
British Virgin Islands
Cayman Islands
United States
South Korea
Thailand
Macau
United Kingdom
Types of disputes: In 2017, HKIAC registered cases concerning disputes arising from a wide range of sectors. A breakdown of those sectors is provided below:
International Trade (31.9%)
Construction (19.2%)
Corporate (13.5%)
Maritime (8.8%)
Professional Services (8.1%)
Banking and Financial Services (6.2%)
Intellectual Property (4.6%)
Energy (1.9%)
Insurance (1.2%)
Others (4.6%)
Seat of arbitration: All arbitrations commenced in 2017 were seated in Hong Kong.
Governing law: 14 different governing laws were chosen to govern the disputes submitted to HKIAC in 2017, with Hong Kong law as the most commonly chosen governing law of the underlying contract, followed by English law and Chinese law.
Language of arbitration: 86.9% of the administered arbitrations commenced in 2017 were conducted in English. 11.2% were in Chinese and 1.9% were in both English and Chinese.
Arbitrator appointments and confirmations: In 2017, HKIAC made a total of 97 arbitrator appointments. Those appointments are broken down below by number of appointments:
Role of Arbitrator
Sole Arbitrator - 72.2% (70)
Co-Arbitrator - 13.4% (13)
Presiding Arbitrator - 9.3% (9)
Emergency Arbitrator - 5.2% (5)
Applicable Rules
HKIAC Administered Arbitration Rules - 49.48% (48)
Ad Hoc 42.27% (41)
UNCITRAL Rules (administered by HKIAC) - 8.25% (8)
In 2017, HKIAC confirmed a total of 86 designations of arbitrators under the HKIAC Administered Arbitration Rules. Of the 86 designations, 60 were made by parties and 26 were made by co-arbitrators. Below is a breakdown of the geographical origin or nationality of all arbitrators appointed by HKIAC in 2017 by number of cases and percentage:
United Kingdom - 33% (32)
Hong Kong - 13.4% (13)
Canada - 10.3% (10)
Australia - 9.3% (9)
Malaysia - 9.3% (9)
Mainland China - 6.2% (6)
Singapore - 4.1% (4)
New Zealand - 3.1% (3)
Austria - 2.1% (2)
Thailand - 1.0% (1)
United States - 1.0% (1)
Dual Nationals - 7.2% (7)
Below is a breakdown of the geographical origin or nationality of all arbitrators designated by parties or co-arbitrators and confirmed by HKIAC in 2017 by number of cases and percentage:
United Kingdom - 46.4% (40)
Canada - 11.5%(10)
Australia - 10.5% (9)
Hong Kong - 8.1% (7)
Singapore - 4.7% (4)
Mainland China - 4.7% (4)
United States - 4.7% (4)
Austria - 3.5% (3)
Malaysia - 2.3% (2)
India - 1.2% (1)
South Korea -1.2% (1)
New Zealand - 1.2% (1)
Of the 97 appointments made by HKIAC in 2017, 16 (16.5%) were of female arbitrators and 32 (33%) were of arbitrators not previously appointed by HKIAC over the last three years.
Of the 60 designations made by parties and confirmed by HKIAC in 2017, 9 (15%) were of female arbitrators and 15 (25%) were of arbitrators not previously designated by parties and confirmed by HKIAC over the last three years.
Of the 26 designations madeby co-arbitrators and confirmed by HKIAC in 2017, 4 (15.4%) were of female arbitrators and 10 (38.5%) were of arbitrators not previously designated by co-arbitrators and confirmed by HKIAC over the last three years.
Challenges to arbitrators: 4 challenges to arbitrators were submitted to HKIAC in 2017. Three challenges were rejected and one resulted in the resignation by the challenged arbitrator. One challenge was made on the basis of the challenged arbitrator’s alleged failure to disclose his same chambers connection with a party’s barristers and his past professional relationship with some of those barristers. Another challenge was made on the basis of the alleged ongoing professional relationship between the challenged arbitrator and a party’s newly appointed solicitors. The remaining two were made based on the alleged misconduct of the challenged arbitrators.
Emergency arbitrator: 4 emergency arbitrator applications were submitted in 2017, bringing the total number of emergency arbitrator applications filed with HKIAC to date to 12. All applications were concluded with an Emergency Award.
Expedited procedure: 15 applications for expedited procedure were submitted to HKIAC and 11 of them were granted.
Multi-party or multi-contract arbitrations: 82 arbitrations commenced in 2017 involved multiple parties or contracts (i.e. 27.6% of overall arbitrations). In 9 of those cases, a single arbitration was commenced under multiple contracts. HKIAC received 11 requests for consolidation and 9 were granted. HKIAC received 5 requests for joinder of additional parties and 2 were granted.
Concluded Arbitrations: 36 arbitrations administered by HKIAC were concluded by Final Award in 2017.