The following Arbitration guidance note provides comprehensive and up to date legal information covering:
This Practice Note provides, from the perspective of Hong Kong law and practice, an overview of the main characteristics of an arbitration agreement, sets out its formalities, and explores the question of its scope and the doctrine of separability that renders an arbitration agreement separable from the contract containing it.
Note: The Hong Kong cases referred to below are not reported by LexisNexis® UK.
Section 19 of the Arbitration Ordinance (Cap 609) (AO) defines an 'arbitration agreement' to be an agreement to submit to arbitration all or certain disputes, which have arisen or which may arise between parties in respect of a defined legal relationship, whether contractual or not.
An arbitration agreement may be made before or after a dispute has arisen, albeit it is much more common for parties to have agreed to arbitrate while still on friendly terms. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. An arbitration agreement must be recorded in writing.
Examples of non-contractual legal relationships that can give rise to arbitrable disputes can include legal relationships based on tort, trusteeship, a third-party interference with contractual relations, infringement of trademark, or unfair competition. It has been suggested by commentators that the ‘defined legal relationship’ requirement has very
**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
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.