Effective from 1 March 2025, the Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong has been regularised with refinements.
The Pilot Scheme was launched in June 2020. It allows relevant persons to participate in arbitral proceedings in Hong Kong as visitors without an employment visa if they obtain a letter of proof issued by a designated (i) arbitral and dispute resolution institution, or (ii) venue provider, confirming that they are eligible to participate in such proceedings.
Two refinements
The regularised Pilot Scheme implements two refinements taking into account industry feedback on the developing needs of parties in arbitrations.
First, the Scheme expands the scope of eligible persons. While it continues to cover arbitrators, factual and expert witnesses, counsel, and parties, it now also covers other persons directly related to or involved in the arbitration, such as tribunal secretaries and tribunal-appointed experts.
Second, the Scheme expands the scope of arbitrations. It covers all arbitrations physically taking place in Hong Kong, regardless of their seat. The Pilot Scheme only covers Hong Kong seated arbitrations.
It remains a requirement that a person intending to benefit from the Scheme must obtain a letter of proof confirming their eligibility before entering Hong Kong. The issuing entity depends on the type of arbitration.
Administered arbitrations
The letter may be issued by one of the designated arbitral and dispute resolution institutions and permanent offices in Hong Kong, which are eligible under the Mainland-Hong Kong arrangement regarding court-ordered interim measures in aid of arbitrations. These are currently HKIAC, ICC – Asia Office, CIETAC HK, SCIA HK, eBRAM, AALCO-HKRAC and HKMAG (see here for details).
Under the interim measures arrangement, parties to Hong Kong arbitrations administered under the rules of these eligible institutions can apply directly to the Mainland courts for asset freezing orders and other interim measures. These are then enforceable in Mainland China. Hong Kong and Macau are the only seats outside Mainland China that can offer this important benefit (for further details, see HKIAC’s FAQs).
Ad hoc arbitrations
The letter may be issued by designated reputable venue providers with established and well-equipped hearing facilities (see the list here). These are currently HKIAC, SCIA HK and the Department of Justice.
Other points to note
Persons who intend to enter Hong Kong to participate in an arbitration should bear in mind that even under the Scheme, they still have to obtain the requisite visa or entry permit before they can enter Hong Kong.
Eligible persons may stay in Hong Kong to participate in arbitrations for as long as they are permitted to remain in Hong Kong as visitors.
The Department of Justice will issue a Guidance Note on the Scheme to the qualifying arbitral and dispute resolution institutions. The regularised Pilot Scheme is a welcoming development as it increases convenience for arbitration participants from abroad and it further enhances Hong Kong’s appeal as an international arbitration hub.
