45 AUG 2022 | WWW.LAWYER-MONTHLY.COM EXPERT INSIGHT contract should be given the right to have their disputes dealt with as soon as they emerge during the project. What forms of ADR are typically preferred in this sector, and why? The ADR scene in Hong Kong construction sector traditionally prefers arbitration over litigation because of its time efficiency, costs, confidentiality and worldwide enforcement regime under the New York Convention (1958). This is particularly relevant for disputes involving international parties, such as overseas contractors or clients, in which they can enforce an arbitration award abroad much easier than a local court judgement. Hong Kong’s current Arbitration Ordinance, AO (Cap 609) replaced the previous AO (Cap. 341) in 2011. It applies to all arbitration seated in Hong Kong and is based on UNCITRAL Model Law with The ADR scene in Hong Kong construction sector traditionally prefers arbitration over litigation because of its time e ciency, costs, con dentiality and worldwide enforcement regime.
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