Originally from World Arbitration Reporter - Second Edition

Preview Page

I.  INTRODUCTION

A. Historical Evolution of Law Relating to Arbitration

In 1989, Hong Kong became the first Asian jurisdiction to adopt the latest version of the UNCITRAL Model Law on International Commercial Arbitration (Model Law). 

Prior to that, the English Arbitration Act 1950 served as the template for the arbitration legislative regime in Hong Kong.  With the desire to attract foreign parties to select Hong Kong as an arbitral venue, Hong Kong signalled its readiness to internationalise its arbitral system by adopting the Model Law for international arbitrations in Hong Kong, though a regime inspired by the English Arbitration Act remained applicable to domestic arbitrations.  In June 2011, the dual regime system fell away and was replaced by the Arbitration Ordinance (Cap. 609), a unified regime which applies the Model Law (2006) to all arbitrations in Hong Kong. No longer is there a separate regime for domestic arbitration. The Arbitration Ordinance (Cap. 609) represents a wholesale adoption of the Model Law with any deviations to the text of the Model Law expressed in the body of the legislation. 

Over the years, Hong Kong has built a sustainable world-class arbitral framework, which includes modern arbitration legislation and a well-respected arbitral institution, the Hong Kong International Arbitration Centre (HKIAC)