Originally from:
Arbitration in Asia 2nd Edition - Looseleaf
Arbitration in Asia 2nd Edition - Electronic
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Hong Kong
Michael J. Moser
Christopher To
[1] INTRODUCTION
Hong Kong plays an important role as both a leading regional international arbitration centre and as a preferred venue for the arbitration of China-related business disputes. Hong Kong has a modern
UNCITRAL-based arbitration law, an independent judiciary, an Englishlaw based legal system, and a large number of highly skilled local professionals. In addition, the Hong Kong International Arbitration Centre (the ‘HKIAC’), which was established in 1985, offers a range of services to parties to arbitrations, both international and domestic, including model arbitration clauses, appointment of arbitrators, arbitration rules, hearing rooms, and administrative support services.
Until 1997, Hong Kong was a colony and dependent territory of the United Kingdom. In July 1997, sovereignty over Hong Kong was resumed by the People’s Republic of China (‘PRC’) and the Hong Kong Special Administrative Region (‘HKSAR’) was established. Under the terms of China’s resumption of sovereignty, Hong Kong was granted a high degree of autonomy and was permitted to retain its own legal system distinct from that of China. Therefore, although Hong Kong is today a part of the PRC, its arbitration law and institutions remain separate from those of the mainland.
Concerns had been expressed over Hong Kong’s continued role as a centre for arbitration following the resumption of Chinese sovereignty in July 1997. However, these concerns have proved to be unfounded. More
than ten years after the transfer of sovereignty, Hong Kong remains a leading international arbitration centre and then a popular venue for the resolution of business disputes.
PART E
Hong Kong
Michael J. Moser
Christopher To
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Contents
[1] INTRODUCTION
[2] LEGISLATION
[2.1] General
[2.2] International and domestic arbitration
[3] ARBITRATION AGREEMENTS
[4] ARBITRATORS AND THE ARBITRAL TRIBUNAL
[4.1] Number of arbitrators
[4.2] Appointment of arbitrators
[4.3] Qualifications
[4.4] Challenge of arbitrators
[4.5] Liabilities of arbitrators and arbitral institutions
[4.6] Conciliation
[5] ARBITRATION PROCEDURE
[5.1] Commencement of the arbitration
[5.2] Language
[5.3] Pleadings and submissions
[5.4] Evidence
[5.5] Hearings and written proceedings
[6] AWARDS
[6.1] Interest
[6.2] Costs
[7] JUDICIAL ASSISTANCE AND INTERVENTION
[7.1] Powers of court to grant interim measures of protection in
relation to foreign arbitral proceedings
[7.2] Stay of High Court proceedings and referral to arbitration
[7.3] Domestic arbitrations
[8] RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS
[8.1] Setting aside awards made in Hong Kong
[8.1.1] International Awards
[8.1.2] Domestic awards
[8.2] Enforcement of arbitral awards made in Hong Kong
[8.3] New York Convention
[8.4] Enforcement of China awards in Hong Kong
[8.5] Enforcement of non New York Convention Awards
[8.6] Enforcement of a foreign arbitral award by bringing fresh
proceedings in the Hong Kong courts
[9] PRACTICAL INFORMATION
[9.1] Facilities in Hong Kong
[9.2] The Hong Kong International Arbitration Centre
[9.3] Chartered Institute of Arbitrators
[9.4] The Hong Kong Institute of Arbitrators
[9.5] Foreign counsel
[9.6] Visa requirements
[9.7] Tax
[10] APPENDICES (on CD)
[10.1] Chapter 341 Arbitration Ordinance
[10.2] Arrangement concerning Mutual Enforcement of Arbitral
Awards between the Mainland and the Hong Kong Special
Administrative Region
Michael J Moser practices as arbitrator, mediator and counsel in international disputes, frequently involving Asian parties. He is currently Chairman of the Hong Kong International Arbitration Centre and also serves as Co-Chair of the China Arbitration Forum, Vice President of the Asia Pacific Regional Arbitration Group and a Vice Chair of the Arbitration Committee of the IBA. Mr Moser is a Chartered Arbitrator and has acted as arbitrator or counsel in both ad hoc proceedings under the UNCITRAL Rules and in cases under the rules of the ICC, SIAC, SCC, LCIA, JCAA, AAA and other institutions in Asia, Europe and North America. He is also a member of the panel of arbitrators of CIETAC and was the first foreigner to be appointed as an arbitrator in China. A resident of China for more than 30 years, he speaks fluent Chinese. Mr Moser has written widely in the area of dispute settlement and is General Editor of The Journal of International Arbitration. He holds a JD degree from the Harvard Law School and a PhD degree from Columbia University.
Christopher To is the former Secretary-General of the HKIAC. He is the chairman of the Hong Kong Internet Forum and the Inter-Pacific Bar Association Dispute Resolution and Arbitration Committee.
