Why Arbitrate in Hong Kong?

HomeArbitrationWhy Arbitrate in Hong Kong?

 

Choose a Top Seat for Your Disputes

  • Hong Kong is ranked the third most preferred and used seat worldwide and the most favoured seat outside of Europe by Queen Mary and White & Case's 2015 International Arbitration Survey.

Enjoy the Benefits of an Independent and Neutral Forum

  • Hong Kong enjoys a unique position – simultaneously part of China and also a special administrative region under the "one country, two systems" doctrine, with complete autonomy in all areas aside from matters of "defence and foreign affairs."
  • Hong Kong upholds the rule of law through its common law legal system overseen by an independent judiciary comprising local and international judges who are independent, professional and efficient.
  • Hong Kong is ranked fourth worldwide and first in Asia in the index of judicial independence published in the World Economic Forum’s ‘Global Competitiveness Report 2014-2015’.
  • Parties are free to choose lawyers and arbitrators from anywhere in the world without restriction.

Rely on a World Class Legislative Framework & Arbitration Friendly Judiciary

  • The first Asian arbitration statute to be based on the 2006 revision, the Arbitration Ordinance, introduced on 1 June 2011, cements Hong Kong's status as a user-friendly UNCITRAL Model Law jurisdiction.
  • In 2013, key amendments to the Arbitration Ordinance included new provisions expressly permitting courts to enforce urgent relief ordered by emergency arbitrators.
  • The Arbitration Ordinance provides explicit assurance of confidentiality of arbitral proceedings, awards, related court proceedings and judgments.
  • For more information about, and a link to a copy of, the HK Arbitration Ordinance click here.
  • Hong Kong's courts are pro-arbitration and take a "hands off" approach with respect to arbitration. Arbitration-related cases are heard at first instance by specialist judges. On appeal they may be referred to a bench of senior permanent judges and non-permanent judges from other common law jurisdictions, who sit on a rotation basis in Hong Kong’s Court of Final Appeal.
  • The Hong Kong courts maintain an excellent track record of enforcement of arbitral awards. The courts have not refused to enforce any awards since 2011. For information and statistics on the Hong Kong Judiciary's record on enforcing arbitral awards click here.
  • The Hong Kong judiciary has established an indemnity costs rule to deter parties from resisting arbitral proceedings or awards on unmeritorious grounds. This means where a party unsuccessfully resists enforcement of or challenges an award, or seeks to unsuccessfully reopen through court proceedings an issue dealt with in an arbitration, it will pay costs on an indemnity basis unless special circumstances exist.

Benefit from the Services of a Leading International Arbitral Institution

Maximise the Cost Effectiveness & Efficiency of Your Arbitration

  • Hong Kong, through HKIAC, offers highly cost-effective arbitration services compared to other major arbitration institutions in Asia and around the world.
  • Hong Kong has an extraordinarily large pool of multilingual professionals including:
    • over 1,100 barristers, 94 of whom are senior counsel;
    • over 6,700 local practicing lawyers and over 1,500 registered foreign lawyers; and
    • approximately 29,000 engineers; 37,000 accountants; more than 8,500 members of the Hong Kong Institute of Surveyors and over 4,000 architects according to the Hong Kong Institute of Architects.
  • Awards made in Hong Kong are enforceable in more than 150 jurisdictions through the New York Convention and several bilateral arrangements on mutual enforcement of arbitral awards.

Exploit the Convenience of Asia's World City

  • Conveniently located for more than 50% of the world's population who live no more than five hour flight from Hong Kong, it is also conveniently connected to most major cities in the world by direct flights. 
  • Benefit from Hong Kong's East meets West culture and local professional's fluency in Mandarin, Cantonese and English.
  • Hong Kong's liberal visa policy means nationals of more than 170 countries can visit Hong Kong visa-free.

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