What does The Hong Kong International Arbitration Centre mean? In practice, this term refers to the Hong Kong international arbitration Centre (HKIAC), the arbitral institution based in the Hong Kong Special Administrative Region of the People’s Republic of China that administers international commercial arbitrations and supports ad hoc proceedings. It is not a term defined in UK or Irish legislation; it is the institution’s commonly used name and appears in arbitration clauses. HKIAC administers disputes under its Administered arbitration rules and provides services for ad hoc arbitrations (including under the UNCITRAL Arbitration Rules), such as appointment of arbitrators, fund‑holding and hearing facilities. The rules provide for...
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As outlined in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations begun on or after 1 November 2018, save where the parties agree otherwise; for arbitrations started before that date, the 2013 HKIAC Rules generally apply unless the parties agreed differently. Be aware that the provisions on consolidation and on a single arbitration across multiple contracts described below are inapplicable where the underlying arbitration agreement was made before 1 November 2013, unless the parties consent otherwise (HKIAC 2018, art 1.5). For a primer on HKIAC and its organisation, see Practice Note: HKIAC—background to and structure of the institution. Arbitration has, in essence, rested on consensual arrangements between two or more parties, with only signatories bound to the process. Consequently, parties can be confronted with parallel claims in several arbitrations, or a mix of arbitration and court proceedings, prompting arbitral institutions to craft mechanisms that, in defined circumstances, permit limited consolidation and joinder. For a general discussion of these issues further...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...