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The Adoption of the UNCITRAL Model Law on International Commercial Arbitration in Hong Kong

The first chapter of Professor Gary Bell’s book on The UNCITRAL Model Law and Asian Arbitration

Laws: Implementation and Comparisons (2018) Cambridge University Press addresses the Adoption of the UNCITRAL Model Law in Hong Kong and is available here.  The chapter examines Hong Kong’s unique jurisdictional characteristics following its adoption of the Model Law (“ML”) in 2011. While the bulk of the ML provisions were reproduced verbatim or near-verbatim to the Arbitration Ordinance (“AO”), provisions relating to the recognition and enforcement of arbitral awards were not included in the Ordinance. These and other minor omissions have, however, been alternatively provided for. The ML is largely integrated into the new Arbitration Ordinance, in the hope of “[facilitating] the ‘fair and speedy’ resolution of disputes, providing for maximum party autonomy and minimal court intervention.” The new Ordinance: (1) abolishes the distinction between “domestic” and “international” arbitration; (2) provides for interim measures; (3) codifies the new obligation of confidentiality; (4) promotes alternative dispute resolution; and (5) includes provisions in regard to the enforcement of arbitral awards.  The full citation is as follows:

Ali, Shahla F., The Adoption of the UNCITRAL Model Law on International Commercial Arbitration in Hong Kong (November 26, 2018). The UNCITRAL Model Law and Asian Arbitration Laws: Implementation and Comparisons (2018) Cambridge University Press. pp. 9-28 (Gary Bell Ed.) ; University of Hong Kong Faculty of Law Research Paper No. 2019/110. Available at SSRN: https://ssrn.com/abstract=3493453

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