Hong Kong reaches half of the world’s population within five hours flying time. Its new Arbitration Ordinance adopted the UNCITRAL Model Law on International Commercial Arbitration and therefore consolidates Hong Kong’s lead as a pro-arbitration jurisdiction in Asia. Its courts uphold the independence and finality of the arbitral system, and its awards can be enforced in more than 140 jurisdictions under New York Convention due to the PRC’s membership.
These are all viewed as reasons why Hong Kong is such a desirable seat of arbitration for cross-border disputes. For parties on the mainland especially, the neutrality that Hong Kong-seated arbitration provides makes Hong Kong an ideal place of arbitration when mainland companies negotiate over the dispute resolution clause with foreign parties.
The China International Economic and Trade Arbitration Commission Hong Kong Arbitration Centre (CIETAC HK) is located in Admiralty next to the offices of the government of Hong Kong SAR. The Hong Kong Arbitration Ordinance and CIETAC arbitration rules both apply to cases administered by CIETAC HK. Therefore, CIETAC HK-administered cases boast distinctive features in comparison with those under other mainland domestic arbitration institutions.
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The author, Wang Wenying, is Secretary-General of the CIETAC Hong Kong Arbitration Centre