
Contents
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8.1 Background 8.1 Background
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8.1.1 Introduction 8.1.1 Introduction
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8.1.2 Arbitration in Hong Kong 8.1.2 Arbitration in Hong Kong
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8.1.3 The Hong Kong Arbitration Ordinance 8.1.3 The Hong Kong Arbitration Ordinance
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8.1.4 The HKIAC 8.1.4 The HKIAC
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8.1.5 Comparison with alternative seats 8.1.5 Comparison with alternative seats
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8.2 Commencing the Arbitration 8.2 Commencing the Arbitration
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8.2.1 Requirements for a valid arbitration agreement 8.2.1 Requirements for a valid arbitration agreement
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8.2.2 Legal capacity 8.2.2 Legal capacity
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8.2.3 Arbitrability 8.2.3 Arbitrability
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8.2.4 Court enforcement of multi-tiered dispute resolution clauses 8.2.4 Court enforcement of multi-tiered dispute resolution clauses
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8.2.5 Stay of proceedings 8.2.5 Stay of proceedings
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8.2.6 Number of arbitrators 8.2.6 Number of arbitrators
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8.2.7 Appointment of arbitrators 8.2.7 Appointment of arbitrators
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8.2.8 Appointment of arbitrators—Hong Kong considerations 8.2.8 Appointment of arbitrators—Hong Kong considerations
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8.2.9 Jurisdictional objections 8.2.9 Jurisdictional objections
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8.2.10 Anti-suit injunctions 8.2.10 Anti-suit injunctions
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8.3 During the Arbitration 8.3 During the Arbitration
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8.3.1 Challenges to arbitrators 8.3.1 Challenges to arbitrators
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8.3.2 Liability of arbitrators 8.3.2 Liability of arbitrators
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8.3.3 Legal representation 8.3.3 Legal representation
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8.3.4 Party autonomy 8.3.4 Party autonomy
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8.3.5 Equality of treatment 8.3.5 Equality of treatment
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8.3.6 Reasonable opportunity to present their case 8.3.6 Reasonable opportunity to present their case
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8.3.7 Language 8.3.7 Language
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8.3.8 Confidentiality 8.3.8 Confidentiality
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8.3.9 Oaths and affirmations 8.3.9 Oaths and affirmations
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8.3.10 Role of courts in compelling testimony/evidence 8.3.10 Role of courts in compelling testimony/evidence
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8.3.11 Evidence 8.3.11 Evidence
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8.3.12 Default by a party 8.3.12 Default by a party
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8.3.13 Settlement 8.3.13 Settlement
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8.4 The Award 8.4 The Award
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8.4.1 Types of Awards 8.4.1 Types of Awards
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8.4.2 Form of arbitral award 8.4.2 Form of arbitral award
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8.4.3 Ex aequo et bono and amiable compositeur 8.4.3 Ex aequo et bono and amiable compositeur
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8.4.4 Remedies 8.4.4 Remedies
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8.4.5 Interest 8.4.5 Interest
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8.4.6 Costs 8.4.6 Costs
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8.4.7 Allocation of costs 8.4.7 Allocation of costs
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8.4.8 Correction, interpretation, and supplementation of awards 8.4.8 Correction, interpretation, and supplementation of awards
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8.5 After the Award 8.5 After the Award
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8.5.1 Overview 8.5.1 Overview
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8.5.2 Setting aside 8.5.2 Setting aside
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8.5.3 Case law 8.5.3 Case law
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8.5.4 Substantive challenges 8.5.4 Substantive challenges
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8.5.5 Procedure 8.5.5 Procedure
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8.6 Conclusion 8.6 Conclusion
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Cite
Abstract
This chapter evaluates the merits of Hong Kong as a venue for international arbitration proceedings. Hong Kong is a Special Administrative Region of the People's Republic of China (PRC). British rule ended in 1997, with the PRC assuming sovereignty under the ‘one country, two systems’ principle. Hong Kong has long been one of the leading arbitral seats in Asia. Its prominence as a leading arbitral seat is due in large part to the establishment of the Hong Kong International Arbitration Centre (HKIAC) in 1985 and adoption in 1990 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. Arbitration law and practice has remained unaffected by the handover to the PRC. Today Hong Kong continues to be widely regarded as one of the leading arbitral venues in Asia, particularly for China-related disputes. In addition, Hong Kong is also increasingly seen as one of the leading international arbitration seats worldwide.
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