The Department of Justice said today the new Arbitration Ordinance will come into operation on June 1 and a commencement notice will be gazetted tomorrow.
Enacted last November, the new ordinance is more user-friendly and complies with international practices and developments. It will facilitate the conduct of arbitration proceedings in Hong Kong and further promote Hong Kong as a regional centre for dispute resolution.
It gives legal effect to provisions of the UNCITRAL Model Law on International Commercial Arbitration that are to apply to Hong Kong, subject to the modifications and supplements as expressly provided in the ordinance.
It covers procedural rules in respect of the conduct of arbitral proceedings, interim measures and preliminary orders to be made by arbitral tribunals and the enforcement of arbitral awards.
There are “opt-in” provisions that allow arbitration users to continue to use certain provisions that apply only to domestic arbitration under the current regime.
It also limits the opportunities for judicial intervention and promotes greater parties' autonomy on the resolution of disputes by arbitration.
To enhance confidentiality for international arbitration, the ordinance provides that unless the court otherwise orders, proceedings relating to arbitration are not to be heard in open court.
Unless otherwise agreed by the parties or under exceptional circumstances as provided for in the ordinance, no party can publish, disclose or communicate any information relating to arbitral proceedings and awards.
Click here for the ordinance.
