Arbitration in Hong Kong
Hong Kong is considered one of the world's leading arbitration centres. Its legal system is based on the principles of stability, neutrality and high level of protection of the interests of the parties, and its developed infrastructure makes it an ideal platform for resolving international commercial disputes. Companies from all over the world choose Hong Kong due to its strategic location, wide network of qualified arbitrators and compliance with international arbitration standards.
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Features of arbitration in Hong Kong
The arbitration process in Hong Kong is governed by the Arbitration Ordinance (Cap. 609) , which is based on the Model Law ЮНСИТРАЛ – an international standard recognized throughout the world. This approach ensures transparency, predictability and high legal protection for the parties. The law provides for a number of key provisions that are beneficial for business:
Конфиденциальность .
All arbitration proceedings are held behind closed doors to protect commercially sensitive information.
Security меры .
Arbitrators have the power to impose interim measures to protect the interests of the parties pending a final decision.
Emergency арбитра .
Such decisions are subject to compulsory execution and have the same force as court orders.
Third party financing сторонами .
Hong Kong allows for external funding of arbitration, which is particularly relevant in complex and resource-intensive disputes.
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Who is Hong Kong suitable for?
Unlike Singapore, which is heavily regulated, and mainland China, where administrative barriers can be a major obstacle to overseas business, Hong Kong offers a unique combination of flexibility, transparency and legal stability. Hong Kong is a harmonious blend of Eastern and Western business practices.
The Hong Kong International Arbitration Centre (HKIAC) is the region's leading arbitration institution.
The Hong Kong International Arbitration Centre (HKIAC) is a leading arbitration institution not only in Asia but also in the world. It is among the top 5 arbitration centres in the world, along with such reputable institutions as the ICC (Paris), LCIA (London) and SIAC (Singapore).
Why do companies choose HKIAC for dispute resolution?
Neutrality towards sanctions
HKIAC maintains its neutral status even in the face of sanctions pressure. In 2021, the center introduced a special sanctions policy (HKIAC Policy on Proceedings Affected by Sanctions), which allows:
- select neutral arbitrators;
- make payments for arbitration without the risk of blocking;
- ensure smooth resolution of disputes in sanctions-sensitive jurisdictions.
Flexibility in choosing a legal system
The HKIAC is adapted to both common law and civil law systems. With a broad pool of arbitrators with international expertise, parties can choose the applicable law and procedural rules that suit their legal preferences.
Efficiency and efficiency
In 2024, HKIAC implemented an updated regulation that:
- reduced the timeframe for resolving disputes;
- expanded the powers of arbitrators, including the possibility of issuing interim measures;
- provided a choice of payment scheme for the arbitrator's fee - a fixed or hourly rate.
Additional benefit for Russian companies
Since 2019, HKIAC has become the first foreign arbitration institution to be recognised in Russia. This means that HKIAC arbitration awards are protected from review by Russian courts, which is particularly important for parties with Russian participation.
Global presence and ease of working with China
In addition to its headquarters in Hong Kong, HKIAC has offices in Shanghai and, since 2024, in Beijing, providing convenient infrastructure for companies operating in the Chinese and Southeast Asian markets.
Alternative Arbitration Venues in Hong Kong
In addition to HKIAC, other major arbitration centres operate in the region:
- ICC – International Chamber of Commerce with Hong Kong Office and Arbitration Rules 2021.
- CIETAC Hong Kong is a branch of the largest Chinese arbitration institution.
- CMAC is a centre specialising in maritime and logistics arbitration.
Enforcement of Arbitration Awards: In Hong Kong and Abroad
Hong Kong offers significant advantages for the recognition and enforcement of arbitration awards, making it particularly attractive to international business.
Thanks to its neutral legal system and membership in key international treaties, arbitration awards made in Hong Kong are recognised and enforceable in over 170 jurisdictions – under the New York Convention.
This provides companies with a high level of legal protection, predictability and global availability of enforcement mechanisms for arbitration decisions.
Enforcement of Arbitration Awards in Hong Kong
If the losing party fails to comply with the arbitration award voluntarily, the winning party has the right to initiate enforcement proceedings through the High Court of Hong Kong.
Under the Arbitration Ordinance, an application must be made to enforce an arbitration award. The court, in the absence of a legal basis for refusal, issues a leave to enforce, after which the award can be enforced in the same way as a court order.
This procedure makes arbitration awards in Hong Kong an effective and legally reliable tool for protecting the interests of the parties.
Recognition and enforcement of arbitral awards in Mainland China
Arbitral awards made in Hong Kong may be recognised and enforced in Mainland China in accordance with the Agreement on Mutual Enforcement of Arbitral Awards concluded in 2019 between Mainland China and the Hong Kong Special Administrative Region.
For international companies working with Chinese counterparties, this creates a unique advantage – the ability to resolve disputes in a neutral jurisdiction with a guarantee of enforcement of decisions in the PRC.
Recognition and enforcement of arbitral awards in other jurisdictions
Since China restored sovereignty over Hong Kong in 1997, the New York Convention of 1958 has been applied in Hong Kong under the conditions applicable to China as a party to the Convention. This means that arbitration awards made in Hong Kong are recognized and enforceable in more than 170 countries, including Russia, in accordance with the provisions of the Convention and the domestic laws of the relevant states.
This provides Hong Kong with a robust international dispute resolution platform for businesses, where arbitration awards are highly binding and easily enforceable globally.
Taking into account the combination of factors such as:
- a stable and independent legal system,
- neutral status,
- flexibility and efficiency of arbitration procedures,
- wide international recognition of arbitral awards,
Hong Kong has earned its position as one of the world's premier arbitration hubs, particularly for internationally oriented companies seeking legal certainty and protection of their interests.
How can we help?
Our team provides full legal support for arbitration disputes – at all stages: from the preparation of an arbitration clause or arbitration agreement to the recognition and enforcement of an arbitration award.
We offer a comprehensive approach, including:
- developing a dispute resolution strategy that takes into account the goals and interests of your business
- risk analysis and selection of the optimal arbitration platform and procedures
- support of arbitration proceedings both in HKIAC and in alternative arbitration venues
- representation of interests in arbitration and interaction with arbitration institutions
- Enforcement of arbitration awards – in Hong Kong, Mainland China, Russia and other jurisdictions
Our priority is to resolve disputes effectively, reduce costs and achieve the best result taking into account all legal and business aspects.
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