Thursday, November 18, 2010

Hong Kong passes new Arbitration Ordinance

Hong Kong has passed a new Arbitration Ordinance which is available here

Among other things, the new Ordinance is expected to facilitate hybrid dispute resolution mechanisms through Sections 32 and 33 which (i) precludes challenges to a person acting as an arbitrator on the ground that (s)he has acted as a mediator in te same dispute and (ii) allows the arbitrator, after the commencement of the arbitration, to act as a conciliator if all parties to the proceedings consent to the same in writing. It is also interesting that statutory functions like appointment of arbitrators, upon the failure of parties to do so, which are generally functions vested in courts in most Common Law jurisdictions, have been vested to the Hong Kong International Arbitration Center.  

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