WWW HKIAC

ABOUT THE HKIAC

About Hong Kong

Hong Kong is uniquely placed to provide dispute resolution services. Its empathy with the Asian traditions of mediation and its skill at blending the best of east and west have created the prime centre in Asia for the resolution of disputes.

Geographically convenient, superbly well served in communications, transport and accommodation, Hong Kong has for some time been the international financial and commercial capital of Asia.

Hong Kong is a world centre of expertise in commerce, information technology, finance, shipping and construction with an enormous pool of experienced professionals available to support dispute settlement. As well as accountants, architects, bankers, engineers, insurance experts and lawyers, there are thousands of other specialists who may be called on to assist in particular disputes. In addition to lawyers qualified to advise on Hong Kong law, there are many experienced lawyers from most major international trading nations who are qualified to advise on the laws of their respective jurisdictions. When necessary to supplement its own arbitral experience, Hong Kong can draw on the international reservoir of specialist knowledge.

Hong Kong law is based closely on English law and its continuance in its present form until the middle of the next century is guaranteed by the People's Republic of China notwithstanding the change of Hong Kong's sovereignty which took place in 1997.

The Hong Kong Arbitration Ordinance (Chapter 341 of the Laws of Hong Kong) provides the legislative support to mediation and arbitration in Hong Kong. Under this law, there are two distinct arbitration regimes. One regime applies to domestic arbitration and the other to international arbitration. Since April 1990 the UNCITRAL Model Law has applied to international arbitrations held in Hong Kong.

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards lays down a detailed framework for the recognition and enforcement of arbitration awards. Over 100 countries are signatories to this Convention. Hong Kong adopted the New York Convention on 21 April 1977 by virtue of the United Kingdom having acceded on Hong Kong's behalf. China is also a signatory to the New York Convention and applied the Convention to Hong Kong after 1 July 1997.

Hong Kong courts recognise and enforce arbitration awards made in countries which are signatories to the New York Convention in accordance with the terms of that Convention. There is also provision in the Arbitration Ordinance for the Hong Kong courts to enforce domestic awards and awards made in non-Convention centres. Similarly, Hong Kong awards can generally be enforced through the courts of other signatory countries.

In 1999, the Arrangement Concerning Mutual Enforcement of Arbitral Awards Between the Mainland and the Hong Kong Special Administrative Region was signed by Mr Shen Deyong , Vice President of the Supreme People’s Court of the People’s Republic of China and Ms Elsie Leung, the Secretary of Justice of Hong Kong. Under the Arrangement, Hong Kong courts will enforce “Mainland awards” on almost identical terms with the New York Convention awards, and vise visa. The Arrangement was enacted in Hong Kong as Part IIIA of the Arbitration Ordinance from 1 February 2000.

The Arrangement can be found here.