32.

1
majority of the arbitrators
no majority: Presiding Arbitrator

32.2
Presiding Arbitrator may make procedural
rulings
with prior agreement of the members of the
Arbitral Tribunal
33.1
determined by the Arbitral Tribunal

costs of the arbitration

(a) the fees of the arbitral tribunal, as

determined in accordance with Article 10;

(b) the reasonable travel and other expenses

incurred by the arbitral tribunal;
(c) the reasonable costs of expert advice and of other
assistance required by the arbitral tribunal;

(d) the reasonable travel and other expenses of

witnesses and experts;

(e) the reasonable costs for legal representation and

assistance if such costs were claimed during the
arbitration;

(f) the Registration Fee and Administrative Fees

payable to HKIAC in accordance with Schedule 1
33.2
all or part of the costs may be apportioned

if Arbitral Tribunal determines it reasonable

taking into account the circumstances of the
case

33.3
costs of legal representation and assistance (art
33.1(e)) shall be limited
33.4
Consolidated Arbitrations: allocation of costs shall
be in accordance with Art 33.2 & Art 3.3

Costs shall include : (a) fees of any arbitral tribunal

designated or confirmed, and
(b) costs incurred in an arbitration that was
subsequently consolidated into another arbitration

33.5
Order for Termination/Award:
Arbitral Tribunal or HKIAC shall determine the costs
of the arbitration referred to in Article 33.1
34.1
single or separate awards

regarding different issues at different times &

in respect of all parties involved
in the form of interim, interlocutory, partial or
final awards
may also issue interim awards on costs if
appropriate
34.2
shall be in writing, and final and binding
deemed waiver of rights to any form of
recourse or defence in respect of
enforcement and execution of any award

34.3
parties undertake to comply without delay
34.4
reasons upon which it is based shall be stated

unless the parties have agreed that no reasons

are to be given

34.5
signed by the Arbitral Tribunal

date on which it was made & the seat of

arbitration (Article 14)

shall be deemed to have been made at the seat
of the arbitration
34.6
originals shall be signed by the arbitrators &
affixed with HKIAC seal
shall be communicated to the parties and
HKIAC by the Arbitral Tribunal
HKIAC shall be supplied with an original copy
of the award
35.1
decide the substance of the dispute in
accordance with the rules of law agreed upon by
the parties

any designation of the law or legal system of a

given jurisdiction shall be construed directly to
the substantive law of that jurisdiction

failing such designation, the arbitral tribunal

shall apply rules which it determines to be
appropriate
35.2
decide as amiable compositeur or ex aequo et
bono only if the parties have expressly agreed
that the arbitral tribunal should do so

35.3
shall decide the case in accordance with the
terms of the relevant contracts
take into account the usages of the trade
applicable to the transactions
36.1
Before the award is made, the parties agree on a
settlement of the dispute

Arbitral Tribunal shall issue an order for the

termination of the arbitration OR,
if requested by both parties and accepted by the
arbitral tribunal, record the settlement in the
form of an arbitral award on agreed terms

tribunal not obliged to give reasons for such an

award
36.2
Before the award is made, continuation becomes
unnecessary or impossible
Arbitral Tribunal shall issue an order for the
termination of the arbitration, unless a party
raises a justifiable objection

36.3
signed and communicated by the arbitral tribunal,
shall be communicated to the parties and HKIAC
when an arbitral award on agreed terms is made,
Articles 34.2, 34.3, 34.5 and 34.6 shall apply
37.1
within 30 days after receipt of the award

request by a party with notice to other party

errors in computation, any clerical or
typographical errors, or any errors of similar
nature

Arbitral Tribunal may set a time limit, normally

not exceeding 15 days, for the other party to
comment on such request
37.2
appropriate corrections shall be made within
30 days after receipt of the request
with extension of such period of time if
necessary

37.3
arbitral tribunal may make such corrections on
its own initiative within 30 days after the date
of the award
37.4
arbitral tribunal may make further correction
to the award consequential on:
(a) the interpretation of any point or
part of the award under Article 38; or
(b) the issue of any additional award under
Article 39

37.5
corrections shall be in writing (Articles 34.2 to
34.6)
38.1
within 30 days after receipt of the award

request by a party with notice to other party

Arbitral Tribunal may set a time limit, normally

not exceeding 15 days, for the other party to
comment on such request
38.2
interpretation considered appropriate by the
arbitral tribunal shall be given in writing

within 30 days after receipt of the request

may extend such period of time if necessary

38.3
arbitral tribunal may give further interpretation of
the award necessitated:
(a) correction of any error in the award under
Art37; or
(b) the issue of any additional award under Art39

38.4
Any interpretation given shall form part of the
award
Articles 34.2 to 34.6 shall apply
39.1
within 30 days after receipt of the award

request by a party with notice to other party

make an additional award as to claims presented
in the arbitration but omitted from the award

Arbitral Tribunal may set a time limit, normally

not exceeding 15 days, for the other party to
comment on such request
39.2
if the arbitral tribunal considers the request for
an additional award to be justified

shall make the additional award within 60 days

after receipt of the request

may extend such period of time if necessary

39.3
arbitral tribunal may give further interpretation
of the award necessitated:
(a) correction of any error in the award under
Art37; or
(b) interpretation of any point or part of the
award under Art38

39.4
when an additional award is made, Articles 34.2
- 34.6 shall apply
40.1
HKIAC shall request the Claimant and the
Respondent each to deposit with HKIAC an equal
amount as an advance for the costs referred to
in Art33.1 (a)(b)(c)(f).

HKIAC shall provide a copy of such request to

the arbitral tribunal
40.2
HKIAC may request separate deposit
where a Respondent submits a counterclaim,
or it appears appropriate in the
circumstances

40.3
HKIAC may request to the parties to make
supplementary deposits
HKIAC shall provide a copy of such requests
to the arbitral tribunal
40.4
if not paid in full to HKIAC within 30 days after
receipt of the request, HKIAC shall so inform the
parties
one or another of them may make the required
payment
if payment is not made, the arbitral tribunal may
(a) order the suspension or
(b) termination of the arbitration or
(c) continue with the arbitration on such basis
and in respect of such claim or counterclaim as
the tribunal considers fit
40.5
Final award: arbitral tribunal shall render an account
to the parties of the deposits received by HKIAC

any unexpended balance shall be returned to the

parties

40.6
HKIAC shall place the deposits made by the parties
in interest bearing deposit accounts
at a reputable licensed Hong Kong deposit-taking
institution