The Hong Kong Arbitration (Amendment) Bill 2013 was gazetted on 28 March 2013. The amendment bill will be tabled before Hong Kong’s legislative council on 24 April and is being introduced to ensure Hong Kong remains a leading seat for international arbitration in Asia and around the world.
The two most significant issues that the amendment bill addresses are:
- The incorporation of the Arrangement Concerning Reciprocal Recognition and Enforcement of Arbitral Awards between the Hong Kong Special Administrative Region and the Macau Special Administrative Region into Hong Kong’s Arbitration Ordinance (AO); and
- The implementation of a mechanism for Hong Kong courts to enforce emergency relief granted by emergency arbitrators.
The amendment bill also undertakes to clarify the taxation of costs by Hong Kong courts under section 75 of the AO and to update the list of parties to the New York Convention in the Arbitration (Parties to New York Convention) Order.
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The authors, Gavin Denton and Brian Lin, are from Arbitration Chambers Hong Kong