The following Arbitration practice note Produced in partnership with Amanda Lees and Tiffany Lee of Simmons & Simmons (Hong Kong & Singapore) provides comprehensive and up to date legal information covering:
UNDER REVIEW: This Practice Note is under review in light of Dickson Valora Group v Fan Ji Qian  HKCU 638.
The primary aim of the Arbitration Ordinance, Chapter 609 (AO) is to ensure party autonomy in the arbitral process with minimum court intervention. One of the principles of the AO is that the court should interfere in the arbitration of a dispute only as expressly provided for in the ordinance. The AO gives effect to article 5 of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), which provides that the court shall not intervene in arbitration proceedings except where so provided in the law.
Under the AO, the Hong Kong courts have been granted certain powers which they can use to support the arbitral process. In particular, under AO, ss 45 and 60, the Hong Kong courts have independent jurisdictions to order interim measures of protection and to make orders in relation to property for arbitrations seated in or outside Hong Kong. The parties to an arbitration agreement may also expressly opt for the provisions under AO, Sch 2, which gives the court greater powers, including the power to order the consolidation of arbitrations and to determine preliminary questions of law. (The provisions in Schedule 2 automatically apply to some domestic and construction arbitrations entered into before 1 June 2017
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge in a single document a summary of the parties’ rival cases on an item-by-item basis.The need for a Scott Schedule in construction cases arises
This Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code for Firms. The Standards and Regulations
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful authority's consent for their own or another's use, or•knowing that any conveyance has been taken without such authority, drive it or allow
This Practice Note considers the position of a security holder who has an equitable mortgage or charge over land and, in particular the powers that are available to complete a sale of the charged property.This Practice Note deals only with registered land.Mortgages and charges over land—a
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.