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1 Introduction to Arbitration in Hong Kong

From: A Guide to the HKIAC Arbitration Rules

Michael Moser, Chiann Bao

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 January 2023

Arbitrability — Arbitral rules — Arbitral agreements — Arbitral tribunals — Arbitrators — Statehood, jurisdiction of states, organs of states

This introductory chapter discusses the contributing factors that make Hong Kong a global arbitration centre that ‘meets or even exceeds all standards’ in the Chartered Institute of Arbitrators’ ten principles of an effective, efficient, and ‘safe’ seat of international arbitration. Hong Kong has long been at the forefront of international arbitration developments. It enjoys a high degree of autonomy (except in defence and foreign affairs) and retains a separate legal system from that of mainland China. Hong Kong’s legal system is based on the English common law and is guaranteed in Hong Kong’s constitutional instrument, the Basic Law. Furthermore, Hong Kong has a long tradition of upholding the rule of law and judicial independence, which are two key foundations for the city’s success as a global dispute resolution centre.

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