The Adoption of the UNCITRAL Model Law on International Commercial Arbitration in Hong Kong

Abstract

Coming into effect in June 2011, the Hong Kong Arbitration Ordinance Cap. 609 (“AO”) established a unified legal regime for both domestic and international arbitration based on the international principles of the ML. Whilst the AO gives legal effect to a majority of expressly stated provisions of the ML, this is subject to the application of interpretational limitations and amendments. Some of these jurisdictional characteristics are reflected in local cases interpreting various ML provisions, which will be discussed in this chapter. Whilst the bulk of the ML provisions were reproduced verbatim or near-verbatim to the AO, provisions relating to the recognition and enforcement of arbitral awards were not included in the Ordinance. These and other minor omissions have, however, been alternatively provided for. The ML is largely integrated into the new Arbitration Ordinance, in the hope of “[facilitating] the ‘fair and speed’ resolution of disputes, providing for maximum party autonomy and minimal court intervention.” The new Ordinance: (1) abolishes the distinction between “domestic” and “international” arbitration; (2) provides for interim measures; (3) codifies the new obligation of confidentiality; (4) promotes alternative dispute resolution; and (5) includes provisions in regard to the enforcement of arbitral awards.

Keywords: International Commercial Arbitration, UNCITRAL Model Law, Hong Kong, Legal Harmonization, Adaptation

JEL Classification: K00