Hong Kong Regulations

LEVERAGED FOREIGN EXCHANGE TRADING (ARBITRATION) RULES - SECT 13

Conduct of proceedings

Caution: This is a past version. See the current version here.

PART IV

RULES RELATING TO THE ARBITRATION PROCEEDINGS

(1) The arbitrator may, notwithstanding other provisions of these Rules and
subject to the widest discretion allowed by law, conduct the arbitration in
such manner as he considers appropriate and shall have the power to adopt,
whenever possible, a simplified or expedited procedure and to conduct
proceedings to ensure the just, expeditious, economical and final
determination of the dispute, provided that the parties are treated with
equality and that at any stage of the proceedings each party is given a full
opportunity of presenting his case.

(2) The arbitrator may, in his discretion, decide whether to hold hearings for
the presentation of evidence by witnesses, including expert witnesses, or for
oral argument, or to conduct the proceedings only on the basis of documents
and other materials.

(3) All documents or information to be supplied to an arbitrator shall be
delivered to the clerk for transmission to the arbitrator, save where
documents or information are submitted during a hearing.

(4) All documents and information that are to be supplied to an arbitrator
shall be delivered to the clerk as follows -

   (a)  where a party submits documents or information during a hearing, one
        copy shall be delivered to the clerk by that party immediately after
        the hearing; and

   (b)  in all other cases, a party shall supply 2 sets of all documents or
        information to the clerk.

(5) The arbitrator may appoint any legally qualified person to advise him on
any matter relating to the arbitration.

(6) Without prejudice to subsection (5), the arbitrator may seek advice from
the representative of the HKIAC who is attending the proceedings under the
provisions of section 17 on any matter relating to the practice and procedure
of an arbitration. (Enacted 1994)