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:
- 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.
- Lingering uncertainty remains as to the interplay between arbitration clauses and winding-up proceedings.
- 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.
- 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.