Hong Kong—disputes over documentary evidence
Hong Kong—disputes over documentary evidence

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • Hong Kong—disputes over documentary evidence
  • Hong Kong-seated arbitrations—assistance from the courts
  • Consequences of non-compliance with tribunal order to produce

This Practice Note summarises in respect of documentary disclosure in arbitration and with reference to the law in Hong Kong under the Arbitration Ordinance (Cap 609) (AO) the consequences of non-compliance with a disclosure order and how the court can assist the tribunal to obtain evidence.

For an introduction to this topic, see Practice Note: Disputes over documentary evidence in arbitration, which also considers the position under English and Welsh law.

Hong Kong-seated arbitrations—assistance from the courts

A party can apply to the court, with the approval of the tribunal, under AO, s 55 to compel a witness, including a third party, to produce documents or material evidence to the arbitration.

The court, in exercising its discretion to order a witness to produce documents, will not permit wide applications for 'classes of documents'. The summons to produce documents must identify the documents to be produced with sufficient certainty to leave no real doubt in the

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