Arbitration

Hong Kong provides one of the most robust regional centres for arbitration and we have extensive construction arbitration experience
Our team have acted on behalf of every type of participant in Hong Kong’s construction industry, from employer to main contractor, sub-contractor to architect in a range of complex arbitral disputes. It’s this insider know-how and experience that allows us to provide the best advise available to you and help navigate any dispute impacting your business as efficiently as possible.

Arbitration is a confidential and final dispute resolution process where third parties are appointed by or on behalf of the parties in the dispute to make a determination on issues rather than a court. Most Hong Kong construction contracts have an arbitration agreement included in the provisions and the arbitration will follow the terms of that agreement.

Interesting Points

Thanks to Hong Kong Courts’ long-term pro-arbitration attitude, Hong Kong has been deemed as a hub for international arbitration. Madam Justice Mimmie Chan, sitting in Hong Kong’s Court at First Instance, set out the “bedrock principles” for dealing with arbitration decisions:

  • The primary aim of the court is to facilitate the arbitral process and to assist with enforcement of arbitral awards.
  • Under the Arbitration Ordinance (‘Ordinance’), the court should interfere in the arbitration of the dispute only as expressly provided for in the Ordinance.
  • Subject to the observance of the safeguards that are necessary in the public interest, the parties to a dispute should be free to agree on how their dispute should be resolved.
  • Enforcement of arbitral awards should be ‘almost a matter of administrative procedure’ and the courts should be ‘as mechanistic as possible’ (Re PetroChina International (Hong Kong) Corp Ltd [2011] 4 HKLRD 604).
  • The courts are prepared to enforce awards except where complaints of substance can be made good. The party opposing enforcement has to show a real risk of prejudice and that its rights are shown to have been violated in a material way (Grand Pacific Holdings Ltd v. Pacific China Holdings Ltd [2012] 4 HKLRD 1 (CA)).
Key Contacts
Ian Cocking, Partner
Dennis Wong, Partner
Justin Lo - Consultant
Justin Lo, Partner

Our Experience

Advise employers, subcontractors, consultants in arbitration etc. arising out of building, bridge, railway and airport projects

Acted for a large developer in relation to several arbitrations concerning commercial and luxury residential developments and hotels

Acted for a joint venture company comprised of three large developers in connection with disputes on various phases of a major luxury residential development

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