Arbitration & Dispute Resolution

 

Arbitration is an alternative method of dispute resolution.  Arbitration takes place when parties agree to resolve any dispute(s) arising from a contract by a way of arbitration.  Arbitration aims to resolve disputes between parties in private, in contrast with the open nature of litigation.  Arbitration is increasingly recognized and accepted by the commercial world for the potential benefits it provides, including protecting trade secrets, identities and confidential and sensitive information of parties to Arbitration.  

Arbitration in Hong Kong:

Hong Kong International Arbitration Centre ("HKIAC") is Hong Kong's home-grown arbitration body.  Parties may agree to have HKIAC to administer their arbitration to enjoy the key features as following:   

Key features:

  1. HKIAC provides facilities and assist parties to elect the arbitrator(s) from its panel of arbitrators.

  2. HKIAC arbitration rules set out guideline and procedure to expedite and facilitate arbitration. 

  3. If a party disagrees with a jurisdiction, the arbitrator has a power to rule on jurisdiction.

  4. By law, if a party commences court proceedings in a dispute which is covered by an arbitration agreement, the Courts of Hong Kong should stay its proceedings and decline to hear the dispute.

  5. Courts of Hong Kong will enforce the decision made by the Arbitral Tribunal unless it is unjust to do so. 

  6. Courts in China will enforce the interim measures ordered by the HKIAC-administered arbitration.

Arbitration in Mainland China:

  1. Arbitration in mainland China must be administered by a mainland Chinese arbitral commission; it cannot be administered by an international or ‘foreign’ arbitral institution (such as HKIAC) except where the parties are wholly-foreign owned entities incorporated in a pilot free-trade-zone.

  2. Ad hoc arbitration with a seat in mainland China is generally not permitted under Chinese arbitration law.

  3. If a party raises jurisdictional objections, the Court will generally consider itself competent to make the determination and stay the arbitration while doing so.

  4. Parties may not seek interim measures from an arbitral tribunal; they may only seek them from the Court.

  5. Emergency arbitration is not recognised under Chinese arbitration law.

  6. Chinese law does not specify the issue of security for costs.

Our Specialties: 

With extensive commercial experience in Hong Kong and China, YCLO understands the clients' needs and provides a comprehensive and cost-effective legal solution.  We are familiar with not only ad hoc and institutional arbitration proceedings in Hong Kong and China, but also arbitration proceedings for international commercial disputes which may involve overseas companies and individuals.  

 

We value the client's relationship with the parties and needs of confidential dispute resolution.  We can assist you at any stage, from drafting of arbitration agreement in the contract, commencing and responding to arbitration proceedings, seeking injunctive reliefs to enforcement of the arbitral award. 

Disclaimer: The contents above are for reference only, and we do not take any responsibility for its accuracy. The latest laws and regulations of respective governments, regulatory and professional bodies shall prevail.

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