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Articles of Association
Articles of Association
Articles of Association
of Hainan International Arbitration Court (HIAC)
(Revised at the Second Meeting of the Second Board of Directors of HIAC on February 6, 2026)
Chapter I General Provisions
Article 1
These Articles are formulated in accordance with the Arbitration Law of the People's Republic of China (hereinafter referred to as the "Arbitration Law"), the Several Opinions on Improving the Arbitration System and Enhancing the Credibility of Arbitration (General Office of the Communist Party of China Central Committee Fa [2018] No.76), the Several Provisions on the Development of International Commercial Arbitration in Hainan Free Trade Port, and the Hainan International Arbitration Court (Hainan Arbitration Commission) Administrative Measures and in light of the actual conditions to regulate the operation of Hainan International Arbitration Court(hereinafter referred to as "HIAC"), and resolve civil and commercial disputes in an independent, impartial, professional and efficient manner.
Article 2
The HIAC is a civil and commercial arbitration institution restructured and established by the People's Government of Hainan Province on the basis of the former Hainan Arbitration Commission in accordance with the Arbitration Law. It operates independently as a public welfare statutory institution and a non-profit legal person.
Article 3
The HIAC upholds and supports the leadership of the CPC.
Party organizations play a leading core and political core role in HIAC, performing the important responsibilities of setting the direction, overseeing the overall situation, and ensuring implementation. They ensure that the Party and the country's lines, principles, policies, and decision-making arrangements are fully implemented in arbitration work, create a market-oriented international business environment operating by rule of law for the country's high-quality development and high-level opening-up, and provide high-quality arbitration services for the construction of Hainan Free Trade Port(FTP).
Article 4
The HIAC adopts a corporate governance structure led by the Board of Directors and establish a governance mechanism which decision-making, execution, and supervision are mutually check and balance.
Article 5
The HIAC shall carry out exchanges and cooperation with relevant domestic and foreign industries and organizations, introduce advanced concepts of international commercial arbitration, continuously deepen reforms, cultivate a world-class arbitration institution with Chinese characteristics, and promote the development of an international commercial arbitration center serving FTP and extends its reach across the Pacific and Indian Oceans.
Article 6
The HIAC may adopt arbitration, mediation, negotiation facilitation, expert evaluation, and other methods organically connected with arbitration as agreed or requested by the parties to fairly and reasonably resolve contractual disputes and other property rights and interests disputes arising between natural persons, legal persons, and unincorporated organizations with equal status at home and abroad.
Based on the agreement between the parties, HIAC accepts cases involving international investment disputes arising out of contracts, treaties, agreements, laws, regulations, or other instruments, where one party is an investor and the other party is a state or intergovernmental organization, any other organ, agency, or entity authorized by the government or whose conduct is attributable to a state.
Article 7
HIAC is located in Haikou, the capital of Hainan Province, with a branch in Sanya, and may establish other branch(es) within Hainan Province as needed.
HIAC may establish branch, liaison offices, representative offices, or hearing centers overseas, deepen exchanges and cooperation with local judicial authorities, commercial arbitration institutions, universities, etc., and strengthening the arbitration brand of FTP.
Article 8
The Board of Directors is the decision-making body of HIAC.
Article 9
The Board of Directors shall comprise 11 to 15 people from the legal industry, commerce industry and other relevant fields, among whom overseas members shall comprise not less than one-third.
The board of Director shall have one chairman and may have two to four vice-chairmen if necessary.
Article 10
The Chairman shall be appointed by the People's Government of Hainan Province from serving civil servants in accordance with the scope of management authority and procedures and shall be the legal representative of HIAC; the Deputy Chairmen and other directors shall be appointed by the People's Government of Hainan Province.
The term for each board member is five years. At the expiration of term , the board members may be reappointed and serve no more than two terms.
Should any board member be unable to perform his/her duties normally, the Board of Directors shall submit a request to the Provincial People’s Government for replacement in accordance with the prescribed procedure.
Article 11
The Board of Directors shall, four months prior to the expiration of its term, submit a request for approval to the People’s Government of Hainan Province in accordance with the prescribed procedures, conduct the work related to the transition of the Board in accordance with the law, and replace no less than one-third of its members each term.
Members of the new Board of Directors shall be appointed prior to the expiration of the term of the previous Board of Directors. If, under special circumstances, the new Board of Directors cannot be formed within the prescribed time limit, the previous Board of Directors shall continue to perform its duties until the new Board of Directors is constituted.
Article 12
The Board of Directors shall perform the following duties:
1.Formulate and revise the Articles of Association, Rules of Procedure for the Board of Directors, Arbitration Rules, Mediation Rules, and other forms of dispute resolution rules;
2.Determine the candidates for the President and Vice-Presidents of HIAC;
3.Examine and approve the establishment, modification, and revocation of special committees or professional committees, and determine the members of such committees;
4.Establish a Panel of Arbitrators and decide on the appointment and dismissal of arbitrators and other dispute resolution experts;
5.Examine and approve the annual work report and the financial budget (final accounts) report;
6.Examine and approve plans for the establishment and modification of internal organs and branches , as well as the scale of employment;
7.Formulate important rules and regulations, including but not limited to the arbitrator remuneration system, and the employment management and salary system of the executive body;
8.Other important duties.
Article 13
The Chairman shall perform the following duties:
1.Convene and preside over meetings of the Board of Directors;
2.Supervise the implementation of resolutions of the Board of Directors;
3.Organize the formulation of various systems for the operation of the Board of Directors;
4.The duties undertaken by the “Director of the Arbitration Institution”as stipulated in the Arbitration Law;
5.Examine and determine the setting of job positions and the employment conditions for staff, and appoint or dismiss staff of internal organs and branches;
6.Other relevant duties.
Article 14
The Board of Directors shall be convened irregularly as needed at least twice a year.
The Chairman may convene a Board meeting if necessary or upon the written proposal of at least three directors.
Article 15
Board Meetings shall be convened and presided over by the Chairman. The Chairman may entrust a Deputy Chairman to convene and preside over a meeting on his/her behalf; where there is no Deputy Chairman, a director may be entrusted to convene and preside over a meeting on his/her behalf.
The Board of Directors meeting may be held only if more than two-thirds of the board members are present.
The Board of Directors meeting may, when necessary, be conducted through video conference or other effective means.
Article 16
For voting on relevant matters at a meeting of the Board of Directors, the voting method determined by the host of the meeting shall be adopted. A resolution shall be adopted only if it is approved by more than two-thirds of the board members present at the meeting; the amendment of the Articles of Association shall be adopted only if it is approved by more than three-fourths of all board members.
Article 17
The Board of Directors shall set up the following committees:
1.Arbitrator Qualification and Ethics Inspection Committee. Be responsible for examining the qualifications of arbitrators appointed, supervising the professional conduct of arbitrators, and proposing opinions on the dismissal and reappointment of arbitrators to the Board of Directors;
2.Remuneration committee. Be responsible for regularly evaluating the arbitrator remuneration system and staff remuneration system, and supervising and inspecting the implementation thereof;
3.Development and Strategy Committee. Be responsible for studying the in-depth integration of arbitration work with national strategies and regional development strategies, formulating domestic and foreign promotion plans, coordinating favorable resources from all parties, attracting arbitration cases, and supervising brand building and development work.
The Board of Directors may establish other committees as needed.
Each committee shall establish and improve its work rules.
Article 18
The HIAC shall have a president and one to two vice-presidents, and shall, where necessary, set up internal bodies and branches to be responsible for the implementation and management of day-to-day work.
The president shall be responsible to the Board of Directors and subject to the supervision of the Board of Directors. The division of work between president and vice-presidents shall be appropriately defined as is necessary for the work.
Article 19
The president shall be one of the members of the Board of Directors. The president and vice-president(s) shall be appointed by the Board of Directors and filed for record with the Hainan Provincial Justice Department. The president and vice president(s) shall be equipped with the professional legal knowledge and corresponding curriculum vitae for performing their duties.
Article 20
The President and Vice-Presidents shall perform the following duties:
1.Organize the implementation of resolutions of the Board of Directors;
2.Be responsible for the procedural management of cases;
3.Organize the training and assessment of arbitrators and other dispute resolution experts;
4.Be responsible for the relevant administrative management of HIAC;
5.Organize the preparation of the annual work report, financial budget (final accounts) report, and set up plans for the establishment of internal bodies and branche, and submit them to the Board of Directors for deliberation;
6.Other duties entrusted by the Articles of Association, Arbitration Rules, other forms of dispute resolution rule, and the Board of Directors.
Article 21
Except for the Chairman of the Board, the HIAC adopts the employment mechanism of entire staff employment and contract management, employs domestic and foreign professionals as needed, and builds a professional dispute resolution service and management team.
Article 22
The HIAC shall, by reference to international practice and the market level of the same industry, formulate a reasonable remuneration system for arbitrators, performance appraisal system and incentive and disciplinary system for personnel, and establish and improve the remuneration and salary evaluation mechanism.
The personnel of the HIAC shall, in accordance with relevant provisions, participate in pension, medical care, unemployment, work-related injury, maternity and other social insurances according to law, and implement systems of housing provident fund, occupational annuity, etc . in accordance with provisions.
Article 23
The HIAC shall implement a self-financing financial management system and pay taxes in accordance with the law.
Article 24
The sources of funds of HIAC include:
1.Arbitration fees paid by the parties;
2.Income from carrying out related activities or other services;
3.Social donations;
4.Other legitimate income.
Article 25
The expenditures of HIAC include:
1.Remuneration for arbitrators handling arbitration cases;
2.Salaries, official subsidies, and bonuses for managerial and administrative staff;
3.Daily office expenses;
4.Expenses for arbitration publicity and promotion;
5.performance allowances for Board Members;
6.Other necessary expenditures.
Article 26
The Board of Directors shall supervise and urge the work efficiency and effects of the executive organs and evaluate the work performance of the President and Vice-Presidents(s).
Article 27
The HIAC shall accept financial and audit supervision in accordance with the law.
Article 28
The HIAC shall disclose the following matters on its official website for public inquiry and accept social supervision:
1.The annual work report and financial budget (final accounts) report of Hainan International Arbitration Court reviewed and approved by the Board of Directors;
2.Dispute resolution rules, service processes, charging standards, and standard documents;
3.Panels of Arbitrators and Mediators;
4.Laws and regulations related to dispute resolution.
Article 29
The Board of Directors shall have the right to interpret these Articles of Association.
Article 30
These Articles shall come into effect on the date of its adoption by the meeting of the Board of Directors and shall be submitted to the Department of Justice of Hainan Province for the record.