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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Arbitration in Hong Kong: A Practical Guide 5th ed isbn 9789888590803

Arbitration in Hong Kong: A Practical Guide 4th ed

Edited by: The Hon Chief Justice Geoffrey Ma, Denis Brock

ISBN13: 9789626619445
New Edition ISBN: 9789888590803
Previous Edition ISBN: 9789626615898
Published: June 2017
Publisher: Sweet & Maxwell Hong Kong
Country of Publication: Hong Kong
Format: Hardback
Price: Out of print



Clarity on the impact of the Arbitration (Amendment) Bill 2016, and the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016, passed in June 2017, in this practical guide endorsed by Geoffrey Ma GBM QC SC, the Chief Justice of the Hong Kong Court of Final Appeal.

This Fourth Edition of Arbitration in Hong Kong: A Practical Guide examines all the forthcoming amendments to the Arbitration Ordinance, especially the two sets of amendments just passed this June 2017, clarifying:-

  • Third-party funding of arbitration, mediation and related proceedings now permitted under the arbitration laws and related alternative dispute resolutions; and
  • Disputes over intellectual property rights (IPRs) can now be resolved through confidential arbitration, now no longer contrary to the public policy of Hong Kong to enforce arbitral awards involving IPRs.
This Fourth Edition provides an in-depth analysis and commentary on the amendments to the Arbitration Ordinance, which are all aimed at: (i) allowing intellectual property disputes to be arbitrated in Hong Kong; (ii) making Hong Kong more appealing than other jurisdictions for conducting arbitration in a diverse field of legal disputes; and (iii) demonstrating to the international community that Hong Kong is committed to developing itself as an international centre for alternative dispute resolution involving all matters.

To further this goal, the key amendments to the law as highlighted in this text includes:-

  • Definition and application of arbitration is extended to include not only arbitrations to which the Ordinance itself applies, but also proceedings before the court, an emergency arbitrator, or mediator;
  • Third party funding of arbitration now allowed but excludes the direct or indirect provision of arbitration funding by lawyers or those providing legal services, in order to avoid any conflict of interest as well as being a requirement to disclose all material facts of the arrangement to all interested parties;
  • Communication of confidential information to an existing or potential third-party funder is allowed but is subject to confidentiality requirements;
  • Newly added Part 10A to the Arbitration Ordinance now applies where the place of arbitration is outside Hong Kong or where there is no place of arbitration, to the extent that costs and expenses are provided in Hong Kong in relation to the arbitration; and
  • Power to issue a code of practice (“Code”) by the authorised body setting out standards and practices to be observed with respect to, inter alia, funding agreements, internal procedures of third party funders (such as sufficient minimum capital requirements) and monitoring measures.

Subjects:
Other Jurisdictions , Hong Kong, Arbitration and Alternative Dispute Resolution
Contents:
General Principles
1. The Arbitration Ordinance
2. State Immunity: Life After Congo
3. Preventing Commercial Disputes
4. Ways To Resolve A Dispute
5. Mediation/Arbitration
6. The Main Features of Arbitration
7. Hong Kong International Arbitration Centre and Its Rules
8. Domestic and International Arbitration
9. Conflict of Laws Issues In Arbitration
10. The Arbitration Agreement
11. Arbitrators
12. Emergency Arbitrators

Procedure
13. Commencement of Arbitration
14. Jurisdiction
15. The Proceedings
16. Interlocutory Applications
17. Arbitration Awards
18. Role of The Court
19. Recognition and Enforcement of The Arbitral Award
20. Challenge of Arbitral Awards

Specialist Arbitration
21. Construction Arbitration
22. PRC-Related Arbitration
23. Intellectual Property and Domain Name Arbitration
24. Shipping and International Trade Arbitration
25. Taiwan Arbitration
26. Investment Treaty Arbitration
27. Banking Arbitration
28. Insurance Arbitration
29. Arbitration of Employment Disputes