Butterworths Hong Kong Alternative Dispute Resolution Handbook, 3rd Edition

The Butterworths Hong Kong Alternative Dispute Resolution Handbook is a detailed work of reference containing the Arbitration Ordinance (Cap 609) and the Mediation Ordinance (Cap 620).

The Ordinances reinforce Hong Kong's role in Alternative Dispute Resolution. Geographic location, legal infrastructure, experience, and government support make Hong Kong a leading centre for dispute resolution in Asia-Pacific, with the Ordinances playing a key role in ensuring the timely delivery of fairness and efficiency.

The latest reissue of this title includes an explanation of the introduction of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, which came into force on 1 October 2019, and its role in boosting Hong Kong’s position as an Asian hub for arbitration.

Further, the legislation in this reissue is current as of 30 June 2022 and contains amendments and introduction of new sections made under the Arbitration and Legal Practitioners Legislation (Outcome Related Fee Structures for Arbitration) (Amendment) Ordinance 2022.

Apart from annotations to the relevant sections containing recently updated cases such as Cheng Lai Yin as the Personal Representative of the Estate of Cheng Tso Ning (Deceased) v Liu Yee Mui [2022] HKCU 1534, [2022] HKCFI 940, where the court reinstated its pro-mediation stance, and Leong Chi Kai v Chan Wing Sun [2021] HKCU 2333, [2021] HKCFI 1431, where the courts of Hong Kong maintained the importance of confidentiality in a mediation process.

What's key in this title:

This new edition includes: The court reinstated its pro-mediation stance: Cheng Lai Yin as the Personal Representative of the Estate of Cheng Tso Ning (Deceased) v Liu Yee Mui (2022); It is imperative that arbitration notices or requests fully satisfy the requirements of the chosen arbitration rules: 廣東順德展煒商貿有限公司 v Sun Fung Timber Co Ltd (2022); A clause stating that there is an option to either arbitrate to litigate is not, in effect, an agreement to arbitration: L v M and Another (2021); Being non-compliant with the pre-conditions to an arbitration affects the claim’s admissibility but not the jurisdiction of the arbitration tribunal: C v D (2021); Doctrine of Separability: Lau Lan Ying v Top Hill Co and Another (2021); The courts of Hong Kong maintained the importance of confidentiality in a mediation process: Leong Chi Kai v Chan Wing Sun (2021).