(From left) Philip Yang, Neil Kaplan, Christopher To: Hong Kong is one of the premier arbitration centres in Asia

Hong Kong's international arbitration centre currently handles ten times the cases of its London counterpart, and with increasing numbers of mainland contracts stipulating Hong Kong as the venue for dispute resolution, this number is set to grow.

Three leading arbitration specialists recently spelled out their views on Hong Kong's growing international influence, its pivotal role in the Chinese mainland's commercial development, and the impact of Cepa on the industry.

Neil Kaplan QC, chairman of the Hong Kong International Arbitration Centre (HKIAC), says Hong Kong benefits from a strong pool of dispute resolution professionals, its international business experience, as well as easy access to the full range of support services.

"Compared to other venues for arbitration in Asia, Hong Kong probably handles the largest number of cases in which neither party is local," Mr Kaplan said. Last year, disputes involving 13 Chinese mainland companies and three US companies were settled in Hong Kong.

"This strongly indicates that businesses value Hong Kong as an independent, neutral arbitration venue," he said.

World-class Statute

Philip Yang, a HKIAC governing council member and the next HKIAC chairman, said the Hong Kong Arbitration Ordinance is widely recognised as one of the most advanced arbitration statutes in the world.

"Arbitration awards made in Hong Kong are enforceable in more than 130 jurisdictions, including the mainland. With China's accession to the WTO and the opening of the country's interior to international commerce, Hong Kong is increasingly being stipulated in contracts as the venue for dispute resolution."

Christopher To, HKIAC secretary-general, says Cepa further facilitates cooperation between Hong Kong and mainland lawyers. As a result, lawyers of both jurisdictions will better serve Hong Kong and foreign investors in the mainland market, which in turn enhances the standard of service in both places.

Mr To said business people generally looked for three strengths in dispute resolution: the quality and independence of the courts or arbitration centres, the quality of the lawyers, and the extent to which the judgment or award may be enforced. "Hong Kong excels in all three of these areas," he said.

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