The proposed new arbitration law of Hong Kong

Abstract

A substantial contributor to Hong Kong's economy is its construction industry. Likewise, with the expansion of the China market, the Mainland's construction activities have resulted in explosive growth in the construction industry. Commensurate with its importance in both economies, construction is also a major source of disputes. As a stakeholder in alternative dispute resolution (ADR) processes, the construction industry tends towards arbitration, which is acceptable to both Hong Kong/Mainland and foreign parties in the event of a dispute arising between these parties. Arbitration in Hong Kong has been touted as a feasible alternative to litigation. Hong Kong has had effective legislation regulating arbitrations conducted in the territory for several decades. The Arbitration Ordinance is about to be amended. This article reviews the proposed amendments and their potential impact in the view of practitioners of arbitration. The research and analysis involve a desktop study of the proposed amendments and comments received during the public consultation period; survey questionnaire of practitioners and academics; followed by semi-structured interviews with practitioners and academics. This research and analysis will conclude that the proposed amendments will advance arbitration as a viable alternative to litigation and maintain, if not further advance, Hong Kong as a preferred venue for arbitration.