Kevin Hong
Kevin is an Of Counsel in the Dispute Resolution Group of Norton Rose Fulbright Hong Kong.
Kevin's practice focuses on international arbitration and commercial litigation. He advises local and multinational corporations on fraud and asset recovery and in resolving joint venture, shareholders, shipping, sale of goods, product liability, insurance and other contractual disputes. In particular, he has significant experience representing clients in construction related disputes.
Kevin has represented clients in arbitration proceedings conducted under the HKIAC, UNCITRAL, SIAC, CIETAC and LMAA rules as well as ad hoc arbitration proceedings in a number of jurisdictions.
Kevin has contributed to arbitration publications for various major publishers in the region including Arbitration in Hong Kong: A Practical Guide, 2nd Edition, Construction Arbitration in Hong Kong: A Practical Guide and BAC arbitration: a step-by-step guide.
Kevin is currently serving as a regional representative for North Asia for the International Chamber of Commerce's Young Arbitrators Forum for the 2019-2021 mandate and has been selected as one of the 40 participants of the ICC Advanced Arbitration Academy for Asia which runs from 2018 to 2020.
Kevin obtained his Bachelor of Laws degree at the London School of Economics and Political Science and is fluent in English, Mandarin and Cantonese.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2008
Membership
- The Law Society of Hong Kong
- Chartered Institute of Arbitrators
- Society of Construction Law Hong Kong
- Hong Kong Football Association National Dispute Resolution Chamber
Education
- London School of Economics and Political Science, LLB, 2005
17 Contributions by Kevin Hong
PRACTICE NOTES
A practitioner guide to commencing arbitration under the CIETAC Rules 2024: pre-action checks, Request, fees, centres, submission, copies, and commencement/acceptance
This Practice Note addresses arbitration solely under the CIETAC Arbitration Rules 2024 (CIETAC Rules). As a general rule, those Rules govern arbitrations accepted by CIETAC on or after 1 January 2024, or where the parties have agreed to adopt the 2024 Rules (CIETAC, art 88). The 2015 rules continue to apply to any arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. This Practice Note applies to international or foreign related disputes, as well as matters connected with Hong Kong SAR, Macao SAR or the Taiwan region (CIETAC, art 3.2). CIETAC has distinct provisions for summary arbitration—see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)—and for domestic arbitration; these are not addressed in this Practice Note. There are also separate provisions for cases administered by the CIETAC Hong Kong Arbitration Centre, which are not covered here.
Prior to commencing arbitration
Before initiating arbitration under any set of rules (or on an ad hoc basis), reflect on the following:
does the arbitration clause you intend to rely upon encompass the whole of the dispute you wish to advance? For broad guidance, consult Practice Note: Arbitration agreements—definition, purpose and interpretation—Interpreting arbitration agreements—does the arbitration agreement cover...
Arbitration
PRACTICE NOTES
CIETAC arbitration in Mainland China and Hong Kong: institutional structure, rules (2015/2024), jurisdiction, sub-commissions, domestic/international divide, ad hoc constraints, and interim measures arrangement
The most prominent Chinese arbitral body is the China International Economic Trade Arbitration Commission (CIETAC), established in 1954 to bolster China’s expanding trade and economic ties with other nations, and it endured the Cultural Revolution, continuing to operate. Today, CIETAC ranks among the world’s foremost commercial arbitration centres, administering a very considerable caseload. Chinese parties tend to favour arbitration as the vehicle for resolving commercial disputes, particularly those arising out of international commercial transactions.
Amid China’s current extensive outward investment, Chinese parties participate in international arbitration across all leading global centres. Nevertheless, wherever they can, they prefer to arbitrate at home, so foreign parties should understand clearly what to expect when confronted with an arbitration before a tribunal in China.
An introduction to arbitration in China
Two significant and enduring characteristics of arbitration in China stem from its historical evolution. The first concerns the clear divide between domestic and international cases. Following the enactment of the Economic Contract Law in 1981, a number of arbitration commissions were set up to resolve domestic disputes between Chinese businesses...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2015: Formation and Composition of the Arbitral Tribunal, including Nominations, Appointment, Multi-party Procedures, Disclosures, Challenges and Replacement
ARCHIVED: This Practice Note has been archived and is not maintained
Please note that on 5 September 2023, CIETAC unveiled amendments (the Revisions) to its 2015 arbitration rules, prompted by the growing demand for flexibility and efficiency in the digital era and developments in international arbitration practice, following a revision programme launched in April 2021. Spanning over 30 provisions, the Revisions cover digital case management, stepped arbitration agreements, jurisdiction, arbitrations involving multiple contracts, procedural matters and other complex issues. The Revisions will come into force on 1 January 2024 and will apply to all CIETAC arbitrations begun from that date. CIETAC’s current arbitration rules have been in effect since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it currently mirrors CIETAC’s structure and functions as outlined in the CIETAC Rules 2015. This Practice Note addresses arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which, in general, apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC arbitration—overview...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2015: Joinder and Consolidation—Applications, Criteria, Tribunal Formation and Procedural Effects (Archived; superseded by 2024 revisions)
ARCHIVED: This Practice Note has been archived and is not maintained
NOTE: On 5 September 2023, CIETAC announced amendments (the Revisions) to its 2015 arbitration rules, driven by the need for greater flexibility and efficiency in a digital era and by developments in international arbitration practice, following a revision programme begun in April 2021. Spanning more than 30 articles, the Revisions cover digital case management, multi-tiered arbitration agreements, jurisdictional matters, multi-contract arbitrations, procedural issues and other complex topics. The Revisions will take effect on 1 January 2024 and will apply to all CIETAC arbitrations commenced from that date. CIETAC’s current arbitration rules have been in force since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s structure and functions as described in the CIETAC Rules 2015. It addresses arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which generally govern arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC arbitration—overview...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2015: Responding to a Request for Arbitration—defence filing, service, deadlines, copies, and counterclaims (archived)
ARCHIVED: This Practice Note has been archived and is not maintained
NOTE: On 5 September 2023, CIETAC unveiled amendments (the Revisions) to its 2015 arbitration rules, prompted by increasing demands for flexibility and efficiency in the digital era and by evolving international arbitration practice, following a revision programme launched in April 2021. Spanning more than 30 provisions, the Revisions address digital case management, stepped arbitration clauses, jurisdiction, arbitrations involving multiple contracts, procedural steps and other complex issues. They will take effect on 1 January 2024 and will apply to all CIETAC arbitrations initiated from that date. CIETAC’s current arbitration rules have applied since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s organisation and remit as set out in the CIETAC Rules 2015. It covers arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which generally apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC arbitration—overview...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2015—Awards: requirements, costs, signatures, time limits, CIETAC scrutiny, corrections/additional awards and enforcement (Archived)
ARCHIVED: This Practice Note has been archived and is not maintained .
NOTE: On 5 September 2023, CIETAC announced amendments (the Revisions) to its existing 2015 arbitration rules, prompted by the increasing demands for adaptability and speed in the digital era and shifts in international arbitration practice following a revision programme launched in April 2021. Spanning more than 30 provisions, the Revisions address digital case administration, stepped arbitration clauses, jurisdictional matters, arbitrations arising from multiple contracts, procedural aspects and other complex topics.
The Revisions take effect on 1 January 2024 and will govern all CIETAC arbitrations started on or after that date. CIETAC’s current arbitration rules have been in force since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW and presently mirrors CIETAC’s framework and functions as described in the CIETAC Rules 2015.
This Practice Note concerns arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which generally apply to matters accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance on proceedings under the CIETAC Rules 2012, see: CIETAC arbitration—overview...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2015—Summary Procedure (Archived): RMB 5m Threshold, Commencement, Fees, Tribunal Appointment, Hearings and Three‑Month Award Timeline
ARCHIVED: This Practice Note has been archived and is not maintained
NOTE: On 5 September 2023, CIETAC announced new revisions (Revisions) to its 2015 arbitration rules, prompted by the growing demand for flexibility and efficiency in the digital era and shifts in international arbitration practice, following a revision programme launched in April 2021. Extending across more than 30 articles, the Revisions address digital case management, tiered arbitration agreements, jurisdiction, multi-contract arbitrations, arbitral procedures and other complex issues. The Revisions will come into force on 1 January 2024 and will apply to all CIETAC arbitrations commenced from that date. CIETAC’s current arbitration rules have been in effect since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s structure and role as set out in the CIETAC Rules 2015. This Practice Note relates to arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which generally apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC arbitration—overview...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2024: awards—content, timing, costs, signatures, scrutiny, corrections and interim awards
This Practice Note addresses arbitration conducted under the CIETAC Arbitration Rules 2024 (CIETAC Rules), which, as a general rule, govern arbitrations accepted by CIETAC on or after 1 January 2024, or where the parties have chosen to apply the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 arbitration rules continue to apply to all arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. This Practice Note is relevant to international or foreign-related disputes, and to matters connected with Hong Kong SAR, Macao SAR, or the Taiwan region (CIETAC, art 3.2). CIETAC has distinct provisions for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and for domestic arbitration; these fall outside the scope of this Practice Note. There are also separate provisions for arbitrations by the CIETAC Hong Kong Arbitration Centre (CIETAC, art 76), which are not dealt with in this Practice Note. During the arbitration, a tribunal may issue different types of award, including interim, partial, final and additional awards—see Practice Note: Arbitral awards—types, requirements and effect for general guidance in this area. The CIETAC Rules 2024 provide for more than just the final award on the substantive dispute in the arbitration, itself...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2024: Joinder Applications and Consolidation, Requirements, Decision-Making and Procedural Consequences
This Practice Note addresses arbitrations conducted under the CIETAC Arbitration Rules 2024 (CIETAC Rules), which typically govern cases accepted by CIETAC from 1 January 2024 onwards, or where the parties have expressly chosen the 2024 CIETAC Arbitration Rules (CIETAC, art 88). The 2015 rules continue to apply to arbitrations taken on by CIETAC between 1 January 2015 and 31 December 2023. This Note concerns international or foreign-related matters, as well as disputes connected to Hong Kong SAR, Macao SAR, or the Taiwan region (CIETAC, art 3.2). CIETAC provides distinct regimes for summary arbitration (see Practice Note: CIETAC (2024)-summary procedure (and early dismissal)) and for domestic cases; these fall outside the scope of this Note. Arbitrations administered by the CIETAC Hong Kong Arbitration Centre are likewise governed by separate provisions (CIETAC, art 76) and are not addressed here. The 2024 Rules include comprehensive terms on adding further parties (CIETAC, art 18) and on consolidating proceedings (CIETAC, art 19).
Joinder of additional parties
Under the 2024 CIETAC Rules, specific criteria regulate when extra parties can be brought into an ongoing CIETAC arbitration. How can I seek the joinder of another party? A party intending to apply for such joinder may do so...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2024: Responding to a Request—Statement of Defence, Time Limits, Service, Copies, Jurisdictional Objections and Counterclaims
This Practice Note addresses only arbitrations conducted under the CIETAC Arbitration Rules 2024 (CIETAC Rules). In general, these govern cases accepted by CIETAC on or after 1 January 2024, or where the parties have expressly chosen the 2024 Rules (CIETAC, art 88). The 2015 rules continue to apply to arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023.
The Note concerns international or foreign-related disputes, as well as matters connected to Hong Kong SAR, Macao SAR, or the Taiwan region (CIETAC, art 3.2). Separate provisions exist for summary arbitration—see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)—and for domestic arbitration; neither is covered here. There are also distinct provisions for cases administered by the CIETAC Hong Kong Arbitration Centre (CIETAC, art 76), which likewise fall outside the scope of this Note.
Under the CIETAC Rules, proceedings begin when the claimant lodges a Request for Arbitration (the Request)—see Practice Note: CIETAC (2024)—starting an arbitration. Provided the formal requirements are met, CIETAC will accept the Request and forward it to the respondent.
How do I respond to a CIETAC Request for Arbitration?
The respondent must file a Statement...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2024: Summary Procedure and Early Dismissal - Practitioners' Guide from Commencement to Award
This Practice Note is confined to arbitration conducted under the revised CIETAC Arbitration Rules 2024 (CIETAC Rules). As a general proposition, the 2024 CIETAC Rules apply to arbitrations accepted by CIETAC on or after 1 January 2024, or where the parties have opted to adopt the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 rules remain applicable to arbitrations accepted by CIETAC between 1 January 2015 and 31 December 2023. For help on the CIETAC Rules 2015, see: CIETAC arbitration—overview. This Practice Note relates to international or foreign‑related disputes, or disputes linked to Hong Kong SAR, Macao SAR or the Taiwan region (CIETAC, art 3.2). CIETAC has separate provisions for domestic arbitration, which are excluded from this Note. There are also distinct provisions for arbitrations administered by the CIETAC Hong Kong Arbitration Center (CIETAC, art 76), which are not covered here.
When does the summary procedure apply?
Where the amount in dispute does not exceed RMB 5,000,000 (unless the parties agree otherwise); or
Where the amount exceeds RMB 5,000,000, one party seeks arbitration under the summary procedure and the other gives written agreement; or
Where both
...
Arbitration
PRACTICE NOTES
CIETAC Arbitration Rules 2024: tribunal formation, multi-party appointments, disclosures, challenges and replacements
This Practice Note
This Practice Note addresses solely arbitrations governed by the CIETAC Arbitration Rules 2024 (CIETAC Rules). As a rule, those Rules apply to cases that CIETAC accepts on or after 1 January 2024, or where the parties have expressly opted for the 2024 CIETAC Arbitration Rules (CIETAC, art 88). The 2015 rules continue to govern arbitrations that CIETAC accepted from 1 January 2015 to 31 December 2023. This Practice Note concerns international or foreign-related disputes, as well as matters linked to Hong Kong SAR, Macao SAR, or the Taiwan region (CIETAC, art 3.2). CIETAC provides distinct regimes for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and for domestic arbitration; these fall outside this Practice Note. Arbitrations administered by the CIETAC Hong Kong Arbitration Center are likewise subject to separate provisions (CIETAC, art 76) and are not addressed here. Departing from many other institutional rule-sets, the 2024 CIETAC Rules do not allow parties to propose arbitrators within the Request for Arbitration. Absent a different party agreement, the tribunal is constituted following the mechanism in CIETAC, arts 27 and 28. Constituting the tribunal is a...
Arbitration
PRACTICE NOTES
CIETAC Rules 2024 Emergency Arbitrator Procedures: applying for urgent interim relief, appointment, timetable, challenges, costs, decisions and enforcement
This Practice Note
This Practice Note addresses only arbitrations conducted under the CIETAC Arbitration Rules 2024 (CIETAC Rules). As a general rule, those Rules govern cases accepted by CIETAC on or after 1 January 2024, or where the parties have chosen to adopt them (CIETAC, art 88). The 2015 rules continue to govern arbitrations accepted by CIETAC from 1 January 2015 to 31 December 2023. The Note concerns international or foreign-related disputes, and matters involving Hong Kong SAR, Macao SAR, or the Taiwan region (CIETAC, art 3). CIETAC provides distinct regimes for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and for domestic arbitration; neither is addressed here. Separate provisions also apply to arbitrations administered by the CIETAC Hong Kong Arbitration Centre (CIETAC, art 76), which fall outside the scope of this Note. Among the notable developments in the CIETAC Rules 2024 are the mechanisms for appointing an emergency arbitrator (CIETAC, art 23.2 and Appendix III). This Practice Note explains how to seek the appointment of an emergency arbitrator under the CIETAC Rules 2024 and associated issues...
Arbitration
PRACTICE NOTES
Commencing arbitration under the CIETAC 2015 Rules: Request for Arbitration, fees, filing and acceptance [Archived]
ARCHIVED: This Practice Note has been archived and is not maintained .
NOTE: On 5 September 2023, CIETAC unveiled revisions (Revisions) to its 2015 arbitration rules, responding to growing demands for agility and effectiveness in the digital age and developments in international arbitration practice, following a revision plan initiated in April 2021.
Covering more than 30 articles, the Revisions address:
Digital case management
Multi-tiered arbitration agreements
Jurisdiction
Multi-contract arbitrations
Arbitral procedures
Other challenging issues
The Revisions take effect on 1 January 2024 and apply to all CIETAC arbitrations commenced from that date. CIETAC’s current arbitration rules have been in force since 1 January 2015 (the CIETAC Rules 2015).
This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s structure and role as set out in the CIETAC Rules 2015. It covers arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which generally apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC arbitration—overview...
Arbitration
PRACTICE NOTES
Evidence in CIETAC arbitrations under the CIETAC Arbitration Rules 2015 (PRC): burden of proof, document production, witnesses, experts, tribunal investigations, and the CIETAC Guidelines on Evidence (Archived)
ARCHIVED: This Practice Note has been archived and is not maintained.
NOTE: On 5 September 2023, CIETAC announced amendments (the Revisions) to its existing 2015 arbitration rules, prompted by the need for greater adaptability and efficiency in the digital age and by evolving international arbitration practice, following a revision plan launched in April 2021.
Spanning over 30 provisions, the Revisions address:
digital case management
multi-tiered arbitration agreements
jurisdiction
multi-contract arbitrations
arbitral procedures
other challenging issues
The Revisions take effect on 1 January 2024 and apply to all CIETAC arbitrations commenced from that date. CIETAC’s current arbitration rules have applied since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s structure and role as described in the CIETAC Rules 2015. It covers arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which govern arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84), or earlier CIETAC arbitrations where the parties consent to use the 2015 rules. For guidance on arbitration under the CIETAC Rules 2012, see: CIETAC arbitration—overview...
Arbitration
PRACTICE NOTES
Evidence under CIETAC Arbitration Rules 2024: timing, document production, witness and expert evidence, tribunal investigations and CIETAC Guidelines on Evidence
This Practice Note is confined to arbitrations conducted under the CIETAC Arbitration Rules 2024 (the CIETAC Rules). Those Rules govern cases accepted by CIETAC on or after 1 January 2024, or where the parties have expressly chosen to use the CIETAC Arbitration Rules 2024 (CIETAC, art 88). The 2015 rules continue to apply to matters accepted by CIETAC from 1 January 2015 up to 31 December 2023. This Practice Note addresses international or foreign-related disputes, and those linked to Hong Kong SAR, Macao SAR, or the Taiwan region (CIETAC, art 3). CIETAC provides distinct rules for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and for domestic arbitration; these fall outside the scope of this Practice Note. Arbitrations administered by the CIETAC Hong Kong Arbitration Centre are likewise governed by separate provisions (CIETAC, art 73) and are not addressed here. As with all arbitral proceedings, parties under the CIETAC Rules 2024 carry the burden of proving the facts underpinning their claims, defences, or counterclaims (CIETAC, art 41.1).
When do parties submit their evidence?...
Arbitration
![Guide to CIETAC emergency arbitrator procedures under the 2015 Rules: applications, costs, appointment, challenges, decisions and enforcement [Archived]](images/default-source/pa-pool/7.tmb-small.jpg)
PRACTICE NOTES
Guide to CIETAC emergency arbitrator procedures under the 2015 Rules: applications, costs, appointment, challenges, decisions and enforcement [Archived]
ARCHIVED: This Practice Note has been archived and is not maintained
NOTE: On 5 September 2023, CIETAC announced revisions (the Revisions) to its 2015 arbitration rules, aiming to enhance flexibility and efficiency for the digital era and to reflect developments in international arbitration, following a revision programme begun in April 2021. Covering more than 30 provisions, the updates address:
digital case management
multi-tiered arbitration agreements
jurisdiction
multi-contract arbitrations
arbitral procedures
other challenging issues
The Revisions will take effect on 1 January 2024 and will apply to all CIETAC arbitrations commenced from that date. CIETAC’s current arbitration rules have been in force since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s structure and role as described in the CIETAC Rules 2015. It addresses arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which, in general, govern arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance regarding arbitration under the CIETAC Rules 2012, see: CIETAC arbitration—overview...
Arbitration
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