Parties sometimes prefer litigation to arbitration because court proceedings offer summary judgment, which can dispose of unmeritorious claims or defences at an early stage. In response, arbitral institutions such as SIAC, HKIAC and (most recently), the ICC have introduced procedures for early or summary determination. Broadly speaking, these procedures allow a party to seek the determination of issues of fact or law at an early stage where a claim or defence is manifestly without merit,…
The Hong Kong Arbitration Ordinance (Cap. 609) is largely based on the UNCITRAL Model Law on International Commercial…
On 17 December 2026, HKIAC announced an increased threshold for its Expedited Procedure and a fee update for…
On the first day of the 2025 Hong Kong Arbitration Week, Baker McKenzie and Control Risks jointly hosted a panel discussion on International Arbitration in Times of Trade Wars and Geopolitical Challenges. The event featured a diverse panel of experts providing their views from private practice, service provider and in-house perspectives on how geopolitical challenges affect commercial parties and their dispute resolution options. James Ng (Baker McKenzie) moderated the panel, comprising Jane Liu (JCET Group), Jessica Pyman (Control Risks), Edward Hart (Control Risks) and Philipp Hanusch (Baker McKenzie).…
Introduction Article 8(1) of the UNCITRAL Model Law, adopted in Hong Kong under section 20(1) of the Arbitration…
Giving due and fair notice of arbitral proceedings is critical when commencing an arbitration, as a failure to…
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…
Introduction Hong Kong’s Arbitration Ordinance (Cap. 609) (“AO”) has adopted Articles 17-17H of the UNCITRAL Model Law on…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Hong Kong continues to be governed by the Arbitration…
Introduction It is a well-established principle in Hong Kong that foreign proceedings instituted in breach of an arbitration agreement will ordinarily be restrained by the grant of an injunction, unless there are strong reasons shown to the contrary. What constitutes strong reasons depends on all the facts and circumstances of the particular case. In Bank A v Bank B [2024] HKCFI 2529, the Hong Kong Court of First Instance (CFI) considered an application for an…