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Asia and Greater China
BAC Focus：Hong Kong, the Road to the International Commercial Dispute Resolution Center?
Interpretation of relevant events: Visible Efforts
▲Backgrounds: As in the 10th anniversary of Hong Kong’s return to China, Chief Executive of the Hong Kong Special Administrative Region (HKSAR), Sir Donald Tsang Yam-Kuen, had issued a Policy Address called A New Direction for Hong Kong listing the promotion of international arbitration service as an important policy to further consolidate Hong Kong’s status as an International financial hub.
Promoting International Arbitration Service
26. A sound judicial system and comprehensive legal services for dispute resolution are indispensable for an international financial centre. We have endeavored to develop Hong Kong into an arbitration centre in the Asia-Pacific region. With increasing demand for arbitration services in Hong Kong and the region, the number of cases handled here is on the rise. Hong Kong-based arbitral bodies and their arbitrators, with their status well recognized, are committed to promoting the development of arbitration services. To strengthen Hong Kong's competitive advantage, we have been forging closer ties with international arbitral bodies. By updating our legal mechanism, we will add to Hong Kong's appeal as a prime jurisdiction for arbitration. We will consult the public on the new Arbitration Bill, which seeks to align local legislation with international laws and make our arbitration legislation and procedures more user-friendly.
http://www.policyaddress.gov.hk/07-08/index.html
▲Legislation: New Arbitration Bill before the Legislative Council of Hong Kong
On 11 January 2010 Secretary for Justice of Hong Kong, Mr. Wong Yan Lung, SC, in his speech at the Ceremonial Opening of the Legal Year 2010, particularly mentioned that:
Expansion of Hong Kong's capacity as an international arbitration centre continues to be a prime policy objective. The Arbitration Bill, aiming at bringing the domestic arbitration regime in line with the Model Law of the United Nations Commission on International Trade Law (UNCITRAL), is now before a Bills Committee of the Legislative Council. New UNCITRAL initiatives to be implemented include conferring on the Hong Kong court the power to recognize and enforce interim measures ordered by an arbitration tribunal sitting outside Hong Kong.
http://www.info.gov.hk/gia/general/201001/11/P201001110216.htm
▲Mediation Preference: Practice Direction 31 on Mediation came into effect on 1 January 2010
As part of the Civil Justice Reform, the Practice Direction 31 on Mediation came into force on 1 January 2010. The court has the duty as part of its active case management to encourage the parties to use an alternative dispute resolution (ADR) procedure if the court considers facilitating its use appropriate in particular cases. The court also has the duty of helping the parties to settle their case. Meanwhile, the parties and their legal representatives have the duty of assisting the court to discharge the duty in question. Legal representatives should advise their clients of the possibility of the court making an adverse costs order where a party unreasonably fails to engage in mediation and has no reasonable explanation.
http://legalref.judiciary.gov.hk/lrs/common/pd/pdcontent.jsp?pdn=PD31.htm&lang=EN
▲Internationalization: The Secretariat of ICC in HK is making good progress
On 10 January 2010 Secretary for Justice of Hong Kong, Mr. Wong Yan Lung, SC, in his speech at the Ceremonial Opening of the Legal Year 2010, particularly mentioned that:
It is encouraging to learn that the International Court of Arbitration of the International Chamber of Commerce, which established a secretariat in Hong Kong in 2008, is making good progress. By November 2009, 120 arbitrations were conducted in the region. The number of arbitrations handled by the Hong Kong International Arbitration Centre in 2008 has also reached a record high of 602 cases. These figures are proof that arbitration is gaining popularity in Asia and Hong Kong is well-placed to serve as a regional hub for international arbitration.
http://www.info.gov.hk/gia/general/201001/11/P201001110216.htm
China International Arbitration Club launched
On 21 December 2009 the China International Arbitration Club launched to become a "bridge" between the Chinese and foreign international arbitration communities. Mr. Michael J Moser from Hong Kong and Mr. Jingzou Tao from Beijing co-chaired the club with Mr. Johnston from Shanghai.
http://www.globalarbitrationreview.com/
Singapore to adopt some of 2006 UNCITRAL changes
On 23 October 2009 Singapore’s Ministry of Law has recommended adopting some of the UNCITRAL 2006 amendments, stopping short, however, of allowing tribunals to make ex parte preliminary orders.
http://www.globalarbitrationreview.com/journal/article/19178/singapore-singapore-adopt-2006-uncitral-changes/
http://www.globalarbitrationreview.com/journal/article/19178/singapore-singapore-adopt-2006-uncitral-changes/
The expansion of ICC in Asia
21 January 2010 marked the official inauguration of ICC expanded regional Asia office in Singapore. The opening of this office will not only strengthen Singapore as a regional arbitration hub but also hold out Singapore as a launch pad to serve the arbitration needs of Asia as a whole. The regional office will be managed by ICC Regional Director for Trade and Policy Lee Ju Song.
http://www.iccwbo.org/index.html?id=34530
World Bank appoints Moser as adviser in Cambodia
On 13 November 2009 the Cambodian government's plans for a new arbitration center are taking shape, after the organization financing the project - the World Bank - appointed a leading Asian arbitrator Moser as its adviser.
http://www.globalarbitrationreview.com/
Dubai launches new ADR center in effort to cut back on court litigation
On 8 October 2009 Dubai launched a new alternative dispute resolution (ADR) center in a bid to decrease the amount of litigation. A new law will state that all disputes, with some exceptions, including all cases involving the government, will need to go through the alternative arbitration center in an attempt to seek an amicable resolution before they will be considered for litigation in the Dubai courts.
http://www.legalweek.com/legal-week/news/1557684/dubai-launches-adr-centre-effort-cut-court-litigation
Dong HaiZhou Wang QianLing Lin Qi
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