Arbitration and Alternative Dispute Resolution

Arbitration has been a popular method of dispute resolution in the HKSAR
for some time. It is governed by the Arbitration Ordinance, which has
two distinct regimes - a domestic regime derived from English law and an
international regime which includes the UNCITRAL Model Law, the
model law adopted by the United Nations Commission on International
Trade Law. Recent amendments to the Arbitration Ordinance give
additional powers to arbitrators to facilitate the fair and speedy resolution
of disputes by arbitration without unnecessary expense. They also
transfer the power to appoint arbitrators from the courts to the Hong
Kong International Arbitration Centre.

Awards made in the HKSAR can be enforced in more than 120
jurisdictions which are signatories to the New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards. The HKSAR's
membership has since July 1, 1997, been by virtue of the fact that the
People's Republic of China is a signatory to the New York Convention.

The Hong Kong International Arbitration Centre (HKIAC) was established
in 1985 to act as an independent and impartial focus for the development
of all forms of dispute resolution in the HKSAR and Asia-Pacific. The
HKIAC provides information on dispute resolution and arbitrations both in
the HKSAR and overseas. It operates panels of international and local
arbitrators, and maintains lists of mediators. The HKIAC's premises are in
Exchange Square in Central District where it provides 10 purpose-built
hearing and conference rooms and full support facilities. The number of
cases involving the HKIAC has substantially increased in recent years. It
is expected that there will be a further increase in such cases not only
because of the increased popularity of arbitration and mediation as a
means of dispute resolution but also because of the growth of the HKSAR
as a regional dispute resolution centre.

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