Neil Kaplan explains why Hong Kong ranks as one of the world's top arbitration centres

"Hong Kong means many things to me: long, scenic walks on The Peak, a diverse circle of friends, the rule of law and particularly Hong Kong's status as a leading arbitration centre. I have spent more than half of my working life in Hong Kong and promote its many attractions wherever I go. Hong Kong is a place where things can change very quickly - this was the case when establishing the Hong Kong International Arbitration Centre (HKIAC).

I have been involved with HKIAC from day one, when it was founded in 1985. We handled nine cases during the first year and 320 cases last year. This figure alone puts Hong Kong among the world's top locations for commercial dispute resolution. We have seen the centre's activities grow from strength to strength, and not just in terms of cases. The HKIAC places great emphasis on providing dispute resolution services in a wide variety of areas including intellectual property and information technology.  It is one of only four jurisdictions approved by the Internet Corporation for the Assignment of Names and Numbers to provide domain name dispute resolution services in regard to general top level domain names such as .com, .net and .org.

Hong Kong courts recognise and enforce arbitration awards made in countries which are signatories to the New York Convention, which Hong Kong signed in 1977. These are applied and faithfully carried out. China is also a signatory to the New York Convention, which lays down a detailed framework for the recognition and enforcement of arbitration awards. As the HKIAC continues to expand its activities, we are well positioned to work closely with our arbitration colleagues in the Chinese mainland. We regularly hold meetings to discuss relevant developments.

Deep pool of professional support

The HKIAC also provides administrative services to all the learned societies in Hong Kong on matters of dispute resolution. This includes the Charted Institute of Arbitrators, East Asian Branch. Of a total worldwide membership of 10,500 in 86 countries, more than 1,500 can be found in Hong Kong. In addition, Hong Kong is a world centre of expertise in commerce, information technology, finance, shipping and construction with an enormous pool of experienced professionals available to support dispute settlement. As well as accountants, architects, bankers, engineers, insurance experts and lawyers, there are thousands of other specialists who may be called on to assist in particular disputes.

Because Hong Kong has some of the most modern arbitration laws to be found anywhere in the world, it should come as no surprise that companies with no connection with Hong Kong, including enterprises from the US, choose Hong Kong as the preferred location to settle their commercial disputes. With its flexible, less formal procedures and emphasis on confidentially, speed and reduction of costs, arbitration procedures in Hong Kong often provide the wise solution for international business dispute resolution.

When necessary, to supplement our own arbitral experience, Hong Kong can draw on the international reservoir of specialist knowledge. In addition to lawyers qualified to advise on Hong Kong law, there are many experienced lawyers from most major international trading nations who are qualified on the laws of their respective jurisdictions.

Whenever I arrive at Hong Kong's superb international airport it still gives me a thrill. From 1994 until 1999 I was the convenor of the Dispute Review Group for the airport. Although there was relatively little work involved it did mean that I frequently visited and witnessed the airport literally emerge from the ground. At the time it was the world's largest construction project. That was a wonderful privilege."

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Neil Kaplan
HKIAC