Lawyer Monthly - October 2022

Can you please give an overview of the legal framework governing arbitration in Hong Kong? Arbitrations seated in Hong Kong are governed by the Hong Kong Arbitration Ordinance (Cap 609) (‘Ordinance’). The Ordinance provides a modern and sophisticated legal framework for arbitration that is based on the latest version of the UNCITRAL Model Law and has been updated regularly to reflect international best practice. The Ordinance contains 112 articles and four schedules. These provisions deal comprehensively with matters from the commencement of an arbitration to the issuance of the arbitral award, and limits court interference to areas expressly provided for in the Ordinance. The Ordinance adopts a unitary regime that applies to both international and domestic arbitrations. The Hong Kong International Arbitration Centre (‘HKIAC’) is the default appointing authority under the Ordinance. Unless the parties have designated another appointing authority, HKIAC determines the number of arbitrators and appoints arbitrators or mediators in the circumstances specified in the Ordinance. The Ordinance also includes express provisions on the confidentiality of arbitration and related court proceedings, the enforceability of emergency arbitrator relief, the use of third-party funding in eligible proceedings, the arbitrability of intellectual property disputes, and several opt-in provisions that permit greater involvement of the Hong Kong courts. Are there any recent developments in Hong Kong arbitration that are worth noting? There have been several important developments regarding Hong Kong arbitration in recent years. I will highlight three developments in relation to the availability of interim relief from Mainland The Development of Arbitration in Hong Kong Thought Leader There have been several important developments in the arbitration scene in Hong Kong, including new measures allowing parties to Hong Kong arbitral proceedings to seek interim relief from Mainland Chinese courts. In this article, independent arbitrator Joe Liu explores these developments and more unique facets of dispute resolution in Hong Kong. 88 LAWYERMONTHLYOCTOBER 2022

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