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Hong Kong - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
James Kwan
Jasmine Chan
Page Count: 
22 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
Hong Kong
Practice Areas: 
Arbitral Process,
Mediation,
Enforceability,
UNCITRAL
Author Detail: 

 

James Kwan is a Partner in the Dispute Resolution Group of Baker & McKenzie’s office in Hong Kong and leads the arbitration practice in there. He specializes in infrastructure, engineering, and energy disputes. He has a range of international experience, having represented clients in arbitrations in Hong Kong, Asia, the Middle East, and Europe under the major institutional rules.

Jasmine Chan is an Associate in the Dispute Resolution Group of Baker & McKenzie’s Hong Kong office. Her practice focuses on international arbitration and commercial litigation.

 

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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HONG KONG
James Kwan and Jasmine Chan

A. LEGISLATION, TRENDS AND TENDENCIES

The New Hong Kong Arbitration Ordinance
 

The new Hong Kong Arbitration Ordinance (Cap. 609) came into force on 1 June 2011. It is based on the UNCITRAL Model Law, and incorporates elements of the 2006 amendments to the Model Law. The new Ordinance unifies domestic and international arbitrations. Arbitrations commenced on or after 1 June 2011 are governed by the new Ordinance.
 

The major changes under the new Ordinance are provided below.
 

A.1.1. One unifying regime
 

Previously in Hong Kong, the now repealed Arbitration Ordinance (Cap. 341) provided for distinct and separate regimes for domestic and international arbitrations. International arbitrations, including domestic arbitrations where parties agree to use the international regime, were governed by the UNCITRAL Model Law (as adopted in 1985, excluding the

Table of Contents: 

HONG KONG
James Kwan and Jasmine Chan
 

A. Legislation, Trends and Tendencies
A.1 The New Hong Kong Arbitration Ordinance
A.2 Latest Developments in Hong Kong Arbitration
B. Cases
B.1 Enforcement against a Soverign State in Hong Kong
B.2 Setting Aside Award for Procedural Irregulairty
B.3 Upholding Enforcement of Award
C. Public Policy in International Arbitration
C.1 Reliance on Public Policy
C.2 Rules That Constitute "Public Policy"
C.3 Review of Alleged Breaches of Public Policy