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

The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons (2018) Cambridge University Press. pp. 9-28 (Gary Bell Ed.)

University of Hong Kong Faculty of Law Research Paper No. 2019/110

26 Pages Posted: 12 Dec 2019 Last revised: 17 Dec 2019

See all articles by Shahla F. Ali

Shahla F. Ali

The University of Hong Kong - Faculty of Law

Date Written: November 26, 2018

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

Suggested Citation

Ali, Shahla F., The Adoption of the UNCITRAL Model Law on International Commercial Arbitration in Hong Kong (November 26, 2018). The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons (2018) Cambridge University Press. pp. 9-28 (Gary Bell Ed.) ; University of Hong Kong Faculty of Law Research Paper No. 2019/110. Available at SSRN: https://ssrn.com/abstract=3493453

Shahla F. Ali (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Chung Yu Tung Tower (Law), Centennial Campus
Pokfulam Road
Hong Kong
(852) 3917 2931 (Phone)
(852) 2559-3543 (Fax)

HOME PAGE: http://www.hku.hk/law/faculty/staff/ali_shahla.html

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