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Tuesday, November 21, 2017, 00:56
Experts: HK ideal for settling arbitration disputes
By Deng Yanzi
Tuesday, November 21, 2017, 00:56 By Deng Yanzi

This photo taken on June 22, 2016 shows a general view of Victoria Harbour and the Hong Kong skyline from the Peak. (ANTHONY WALLACE / AFP)

HONG KONG - Hong Kong was well placed to become a favorable venue for settling cross-border disputes - especially maritime arbitration, local legal professionals and authorities said on Monday.

Hong Kong has been enjoying a good reputation in terms of its judicial independence and as a pro-arbitration jurisdiction

Wesley Wong Wai-chung, Solicitor General, Department of Justice, HKSAR

They said this was due to its English and Chinese language proficiency, cultural advantages, professional legal services and competitiveness.

These experts met at a forum, co-organized by the Hong Kong and Mainland Legal Profession Association, the Hong Kong Maritime and Port Board and the Hong Kong Shipowners Association. Their discussions focused on Hong Kong’s opportunities in national development strategies.

The event is one of a series planned for Hong Kong Maritime Week, which was launched on Sunday.

“Hong Kong has been enjoying a good reputation in terms of its judicial independence and as a pro-arbitration jurisdiction,” said Wesley Wong Wai-chung, solicitor general with the SAR’s Department of Justice.

Wong explained that because all local legislation is written in English and Chinese, it was very effective when dealing with cross-border disputes involving parties from the Chinese mainland or overseas.

Cultural differences were one of the major challenges facing maritime arbitration cases involving Chinese and overseas parties, noted Frank He, deputy general manager of maritime insurance association the London P&I Club.

He said Hong Kong, as a super-connecter between the mainland and the rest of the world, had to find ways to close the cultural gap.

The Belt and Road Initiative is anticipated to bring great opportunities as China extends its connections with the world through the grand project. But an awareness of cultural sensitivities among different countries and regions along the B&R would become increasingly important, said Anselmo Reyes, a former judge with the High Court and an arbitrator.

READ MORE: B&R the 'key to China's further opening-up’

Li Lianjun, partner and head of shipping group of global law firm Reed Smith Richards Butler, said the firm was dealing with an increasing number of cases from the mainland. These had been dominated by foreign investment on the mainland and provided the company with new opportunities.

He cited his clients’ preference for Hong Kong as an arbitration venue. Li said contracts between the Chinese government and other countries in the B&R should include a “built-in clause” to designate Hong Kong as an arbitration venue for disputes.

“With the central government’s policy on Hong Kong’s role (as an international legal center), the Hong Kong government should take the initiative,” Li urged.

According to the national 13th Five-Year Plan (2016-20), the central government has given clear support for Hong Kong to establish itself as a center for international legal and dispute resolution services in the Asia-Pacific region.

In Chief Executive Carrie Lam Cheng Yuet-ngor’s first Policy Address in October, the new administration reiterated its efforts to consolidate Hong Kong’s position as an international legal and dispute resolution services center.

Lam pledged to prioritize the promotion of the SAR’s legal services with regard to the B&R Initiative and the Guangdong-Hong Kong-Macao Greater Bay Area. 

ALSO READ: HK gains a better appreciation of B&R opportunities

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