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ARTICLE · 16 JANUARY 2024

Charting The Path: Major Developments In Hong Kong Arbitration Law In 2023

Mayer Brown
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In this review, we reflect on significant developments in the field of arbitration in Hong Kong over the past year.

Hong KongLitigation, Mediation & Arbitration
Vincent Law
Vincent Law
Raymond C. L. Yang
Raymond C. L. Yang
Johnson C. Y. Ng
Johnson C. Y. Ng
Emily H. K. Chen
Emily H. K. Chen
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In this review, we reflect on significant developments in the field of arbitration in Hong Kong over the past year.

Key developments in 2023 included:

  1. Multi-tiered dispute resolution clause – compliance with pre-arbitration conditions is generally a matter of admissibility to be ultimately determined by the tribunal and not subject to court review.
  2. Lingering uncertainty remains as to the interplay between arbitration clauses and winding-up proceedings.
  3. While the court continues to adopt a pro-arbitration approach, cases show it is also prepared to refuse enforcement when appropriate, demonstrating commitment to due process.
  4. Hong Kong International Arbitration Centre (HKIAC) received more than 100 applications for issuing letters of acceptance under the Mainland-Hong Kong Interim Measures Arrangement.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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