9 - HKIAC’s Experience of the Use of Multi-tier Dispute Resolution Clauses

Summary

Multi-tier dispute resolution, through which parties attempt to settle their disputes by combining non-adversarial with adversarial methods, can assist parties in resolving their disputes more efficiently. Recent surveys suggest that parties are increasingly interested in such methods but that the number of parties that actually adopt such methods does not reflect the growing interest. Drawing on over 1,000 disputes at the HKIAC, this chapter examines how common multi-tier dispute resolution clauses are, how they are drafted and in what types of dispute they appear. Attention is given to the 2018 HKIAC Administered Arbitration Rules, which are tailored for multi-tier dispute resolution methods. The chapter also explores broader regional and international developments that will impact movement towards mixed modes of dispute resolution, such as the Belt and Road Initiative, the Singapore Mediation Convention and the investment dispute mechanism agreed between the Hong Kong SAR and Mainland Chinese governments.