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A Guide to the HKIAC Arbitration Rules by Moser, Michael J; Bao, Chiann (16th February 2017)

2 The Legal Arbitration Framework

Michael Moser, Chiann Bao

From: A Guide to the HKIAC Arbitration Rules

Michael J Moser, Chiann Bao

Arbitrability — Arbitral rules & institutions — Arbitral agreements — Arbitral tribunal — Confidentiality and privilege — Statehood, jurisdiction of states, organs of states

This chapter is an overview of Hong Kong’s Arbitration Ordinance (Cap 341). An arbitration network established in 1963, the Arbitration Ordinance contains 15 parts and 118 sections and adopts the UNCITRAL Model Law (2006). It adopts a single regime that applies to both domestic and international arbitrations seated in Hong Kong. It also has the benefit of a complete protection of confidentiality, as well as some detailed provisions which empower the arbitral tribunal and Hong Kong courts to issue a broad range of interim relief. Furthermore, the Arbitration Ordinance expressly recognizes the enforceability of any emergency relief granted by an emergency arbitrator in or outside Hong Kong. Finally, the Arbitration Ordinance provides a number of optional provisions which allow greater involvement of the Hong Kong courts.

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