Arbitration has been
a popular method of dispute resolution
in the HKSAR for some time. It is governed
by the Arbitration Ordinance, which has
two distinct regimes — a domestic
regime derived from English law and an
international regime which reflects the
UNCITRAL Model Law, the model law adopted
by the United Nations Commission on International
Trade Law.
Awards made in the HKSAR
can be enforced in more than 135 jurisdictions
that are signatories to the New York Convention
on the Recognition and Enforcement of
Foreign Arbitral Awards. A system for
reciprocal enforcement of arbitration
awards between the HKSAR and the Mainland,
based on the spirit of the New York Convention,
has been in place since January 2000.
In June 2000, the summary enforcement
of other awards (e.g. from Taiwan and
Macao) was introduced.
The Hong Kong International
Arbitration Centre (HKIAC) was established
in 1985 to act as an impartial focus for
the development of all forms of dispute
resolution in the HKSAR and the Asia-Pacific
region. The HKIAC provides information
on dispute resolution and arbitration
both in the HKSAR and overseas. It operates
panels of international and local arbitrators,
and maintains lists of accredited mediators. |