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1. www.hkreform.gov.hk › en › docsREPORT ON THE ADOPTION OF THE UNCITRAL MODEL LAW OF ARBITRATION

   www.hkreform.gov.hk › en › docs

   We, the following members of the Law Reform Commission of Hong Kong, present our report on the Adoption of the UNCITRAL Model law of Arbitration. The Honourable Michael Thomas CMG QC

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2. www.elegislation.gov.hk › hk › cap609!enArbitration Ordinance (Cap. 609) Contents

   www.elegislation.gov.hk › hk › cap609!en

   UNCITRAL Model Law to have force of law in Hong Kong 1-8 5. Arbitrations to which this Ordinance applies 1-10 6. Application 1-12 Part 2 General Provisions 7. Article 1 of UNCITRAL Model Law (Scope of application) 2-2 8. Article 2 of UNCITRAL Model Law ...

3. 其他人也問了

   Should Hong Kong have a new law based on the UNCITRAL Model?

   • 6.1 A new law based on the UNCITRAL model should replace existing Hong Kong law on international arbitration. The existing law relating to domestic arbitrations should remain virtually intact (para 2.6). Article 2 - Definitions of "arbitration", "arbitral tribunal", "court". Right to decide who determines issue.

   REPORT ON THE ADOPTION OF THE UNCITRAL MODEL LAW OF ARBIT…

   www.hkreform.gov.hk/en/docs/runcitral-e.pdf

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   Does the UNCITRAL arbitration law apply to Hong Kong?

   • In 2010, Hong Kong unified its dual-track regime for domestic and international arbitrations.   In effect, the UNCITRAL Model Law now largely applies to all arbitrations in Hong Kong.   The Model Law is reproduced at Schedule 1 of the Arbitration Ordinance. back to top 30. What are the UNCITRAL Arbitration Rules?

   Hong Kong Arbitration FAQs | HKIAC - Hong Kong International

   www.hkiac.org/arbitration/why-hong-kong/hong-kong-arbitration-faqs

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   What is UNCITRAL Model Law?

   • of UNCITRAL Model Law. Transitional - Part IIA. ( of 1987.) 34B. This Part shall apply to an arbitration pursuant to a domestic arbitration agreement if, but only if, the parties to the reference agree in writing after the dispute in question has arisen that - the dispute is to be arbitrated as an international arbitration. 34C.

   REPORT ON THE ADOPTION OF THE UNCITRAL MODEL LAW OF ARBIT…

   www.hkreform.gov.hk/en/docs/runcitral-e.pdf

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   Should model law become part of Hong Kong law?

   • The Commission also recommends that if the Model Law were to become part of the Hong Kong law, international parties should have the right to elect to have their dispute dealt with under existing Hong Kong arbitration law, which would otherwise apply only to domestic arbitrations.

   The Law Reform Commission of Hong Kong - Publications - Report

   www.hkreform.gov.hk/en/publications/runcitral.htm

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   Will the UNCITRAL Model Law be a good alternative?

   • We are confident that with the UNCITRAL Model Law in place it will be an even more attractive alternative to the traditional arbitral institutions. But it may be 5 or more years before a dispute arising from an agreement signed today reaches arbitration.

   REPORT ON THE ADOPTION OF THE UNCITRAL MODEL LAW OF ARBIT…

   www.hkreform.gov.hk/en/docs/runcitral-e.pdf

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   What if arbitration has commenced under Article 21 of UNCITRAL Model Law?

   • (Part 2 added 11 of 2015 s. 7) If an arbitration has commenced under article 21 of the UNCITRAL Model Law before the commencement date, that arbitration and all related proceedings are to be governed by the pre-amended Ordinance as if the Arbitration (Amendment) Ordinance 2015 (11 of 2015) had not been enacted.

   Arbitration Ordinance (Cap. 609) Contents

   www.elegislation.gov.hk/hk/cap609!en.pdf

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4. uncitral.un.org › en › textsUNCITRAL Model Law on International Commercial Arbitration ...

   uncitral.un.org › en › texts

   • 網頁紀錄

   UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006. The Model Law is designed to assist States in reforming and modernizing...

5. www.hkreform.gov.hk › en › publicationsThe Law Reform Commission of Hong Kong - Publications - Report

   www.hkreform.gov.hk › en › publications

   • 網頁紀錄

   In this report published in 1987, the Commission recommends that, subject to a few minor changes, the Model Law on International Commercial Arbitration adopted by UNCITRAL (United Nations Commission on International Trade Law) should replace existing Hong Kong law on international arbitration.

6. www.hkiac.org › arbitration › why-hong-kongHong Kong Arbitration FAQs - HKIAC

   www.hkiac.org › arbitration › why-hong-kong

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   • The Arbitration Agreement
   • The Governing Law of The Dispute
   • The Award

   31. Is it necessary to have an arbitration agreement?

   Yes. As arbitration is a consensual process, an arbitrator has no power to determine a dispute unless the parties have agreed to this and the requirements of the arbitration agreement have been complied with. The parties may agree to arbitrate before a dispute arises (most commonly by an arbitration clause in a contract), or after a dispute has arisen. back to top

   32. What effect does an arbitration agreement have?

   An arbitration agreement provides the basis for an arbitrator's jurisdiction. An arbitrator will not entertain a request for arbitration in the absence of an arbitration agreement. The parties may also modify or supplement the applicable arbitration rules by express provision in the arbitration agreement. back to top

   33. Can an arbitration agreement cover claims in tort, as well as contract?

   Yes. An arbitration agreement is usually drafted to include claims arising "out of or in connection with" a particular contract. This wording is broad enough to cover tort claims (such as misrepresentation) that relate to the parties' transaction, and generally enables related tort and contract claims to be determined together by the arbitral tribunal. back to top

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   44. If a contract provides for arbitration in Hong Kong, must it also be governed by Hong Kong law?

   No. The governing law of the contract need not follow the place of the arbitration. back to top

   45. Does the tribunal apply Hong Kong law or the governing law of the contract?

   The tribunal will apply the governing law of the contract to determine the substantive issues in a contract claim. (Procedural issues are, however, governed by the Arbitration Ordinance and the applicable arbitration rules.) If the contract is governed by a foreign law and the tribunal has no expertise of that legal system, the parties will be required to call expert evidence to establish the applicable principles of the foreign law. back to top

   46. What if the contract does not state its governing law?

   If the contract is silent as to its governing law, the tribunal will be required to determine what its governing law is (typically as a preliminary issue). This will be the law of the jurisdiction with which the contract has the closest connection. If the contract provides for arbitration in Hong Kong, this may be a factor in favour of the tribunal applying Hong Kong law as the governing law of the contract. back to top

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   83. What remedies may an arbitral tribunal grant?

   A tribunal has power to grant any remedy that may be granted by the Hong Kong courts, except to make any order that is binding on non-parties to the arbitration. back to top

   84. What is the time limit for making an award?

   There is no specified time limit. An arbitrator who fails to issue his award in a timely manner may be removed by the court. back to top

   85. Does the tribunal have the power to award interest?

   The tribunal has power to award simple or compound interest on the principal sum at such rate as it considers appropriate up to the date of the award. Once made, simple interest accrues on the award at the same rates as are payable on Hong Kong court judgments. back to top

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7. www.legco.gov.hk › yr08-09 › englishREPORT OF COMMITTEE ON HONG KONG ARBITRATION LAW

   www.legco.gov.hk › yr08-09 › english

   in order to apply the [UNCITRAL] Model Law equally to both domestic and international arbitrations, and arbitration agreements, together with such additional provisions as are

8. mddb.apec.org › Documents › 2016The Adoption and Application of the UNCITRAL Model Law on ...

   mddb.apec.org › Documents › 2016

   As a leading centre for international legal and dispute resolution services in the Asia-pacific region, Hong Kong has adopted a number of UNCITRAL instruments, including the Model Law on International Commercial Arbitration (adopted in 1985 and amended in 2006 by UNCITRAL) (“Model Law”) and the Convention on the Recognition and Enforcement of Fo...