One of the main
advantages of arbitration over court proceedings is privacy and
confidentiality. Hong Kong is one of the few jurisdictions to set
out a statutory basis for privacy and confidentiality in
arbitration with the Arbitration Ordinance setting out a framework
for non-disclosure by the parties to an arbitral proceeding as well
as for the courts to hear cases on a closed door basis. If
you'd like to find out more about whether arbitration in Hong
Kong is right for you or how you should draft an arbitration
agreement to minimize publicity, please contact one of our
dispute resolution lawyers.
Business people often prefer to settle their disputes quietly
without public scrutiny. Though they may provide for
confidentiality in their agreements, the courts generally favour
open justice, with the result that any resolution of disputes
through the courts may result in commercial information, including
the fact of a dispute involving particular parties, being
