Hong Kong

The Legal Framework for Arbitration

General Information

  • UNCITRAL Model-Law based: Yes.

  • Legal Provisions: Arbitration Ordinance (Chap. 609), in force since 1 June 2011.

Arbitral Institutions

  • Hong Kong International Arbitration Centre (HKIAC)

  • CIETAC Hong Kong Arbitration Centre (HKAC)

  • Hong Kong Institute of Arbitrators (HKIARB)

  • China Maritime Arbitration Commission (CMAC)

Multilateral Conventions

  • New York Convention: Yes (ratification/accession: 1 July 1997; The territorial application of the Convention as signed and ratified by the People's Republic of China including the reservations extends to Hong Kong as its Special Administrative Region) reservations:

1. The People's Republic of China will apply the Convention, only on the basis of reciprocity, to the recognition and enforcement of arbitral awards made in the territory of another Contracting State; [and]

2. The People's Republic of China will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the People's Republic of China.

  • ICSID Convention: Yes.

  • Energy Charter Treaty: No.

 

Last updated February 2019