Charting the Path: Major Developments in Hong Kong Arbitration Law in 2023

In this review, we reflect on significant developments in the field of arbitration in Hong Kong over the past year. 

Key developments in 2023 included:

1. Multi-tiered dispute resolution clause – compliance with pre-arbitration conditions is generally a matter of admissibility to be ultimately determined by the tribunal and not subject to court review. 
2. Lingering uncertainty remains as to the interplay between arbitration clauses and winding-up proceedings.
3. While the court continues to adopt a pro-arbitration approach, cases show it is also prepared to refuse enforcement when appropriate, demonstrating commitment to due process. 
4. Hong Kong International Arbitration Centre (HKIAC) received more than 100 applications for issuing letters of acceptance under the Mainland-Hong Kong Interim Measures Arrangement. 

Please download the full Legal Update below.