The enactment of the new Arbitration Ordinance of Hong Kong on

1 June 2011 has firmly reinforced Hong Kong’s position as a leading

arbitration centre. The new Arbitration Ordinance is based on, and gives

effect to the majority of provisions of the UNCITRAL Model Law (as

amended in 2006).1 As one of the first few jurisdictions incorporating the

amended Model Law into its legislation, Hong Kong is widely

recognized as an established UNCITRAL Model Law jurisdiction.

 

There are two observations that can be made regarding the

enactment of the new Arbitration Ordinance. Firstly, whilst the old

Arbitration Ordinance was also based on UNCITRAL Model Law, it

distinguished between international and domestic arbitrations and only

allowed for the Model Law provisions to apply to international

arbitrations. The new Arbitration Ordinance promoted a uniform

approach towards both international and domestic arbitrations in Hong

Kong and increased the influence of the Model Law provisions in

arbitrations seated in Hong Kong.2 Secondly, whilst the old Arbitration

Ordinance had provided for the granting of interim measures to parties in

arbitration proceedings (both by the Arbitral Tribunal and the Court), the

new Arbitration Ordinance has further elaborated on the provisions

regarding interim measures. Accordingly, the new Arbitration Ordinance

now provides an updated, uniform and comprehensive framework

regarding interim measures which would further enhance parties’

confidence in carrying out arbitral proceedings in Hong Kong.

 

Under the new Arbitration Ordinance, the powers of the Arbitral

Tribunal and the Court are in parallel and a party may request either

body to grant interim measures. Compared to some other jurisdictions,