Arbitration can be as formal as litigation entailing essential characteristics

Arbitration can be as formal as litigation entailing

This preview shows page 16 - 20 out of 52 pages.

Arbitration can be as formal as litigation, entailing essential characteristics of civil court procedures. Judgment of the arbitral tribunal is known as an award. Parties may not publish, disclose or communicate any information about arbitration proceedings or the awards. Worldwide recognition and enforcement of Arbitral Awards made in Hong Kong: Hong Kong became party to the New York Convention: the Convention on the Recognition and Enforcement of Arbitral Awards 1958 in 1975. This allows arbitral awards made in Hong Kong to be recognised and enforced in over 140 jurisdictions and vice versa. 31 32
Image of page 16

Subscribe to view the full document.

17 Assessment of arbitration Ideally, arbitration should deliver these benefits: Speed Economy Privacy Informality Flexibility Experience Specialist arbitrators Arbitrator specialism stands in contrast to the civil court judge, who is nearly always a generalist. Assessment of arbitration However, complex arbitrations tend feature full pleadings and discovery , which is not faster or more informal than civil litigation. Parties to such arbitrations have [huge or little?] control over the arbitral award. The costs of arbitration sometimes exceed those of court proceedings because the parties have to pay arbitrators’ and venue fees. 33 34
Image of page 17
18 The New Arbitration Ordinance The new Arbitration Ordinance (Cap.609) entered into force on 1 June 2011 to replace the old one. Objective: ‘to facilitate the fair and speedy resolution of disputes by arbitration without unnecessary expense ’, s 3(1). The new Ordinance aligns with the Model Law on International Commercial Arbitration ( UNCITRAL Model Law ) of the UN Commission on International Trade Law, which provides for a unitary arbitral regime for domestic and international arbitration. 35 36
Image of page 18

Subscribe to view the full document.

19 The Ordinance imposes a duty on arbitral tribunals (s 46): To be independent, and to act fairly and impartially. To avoid unnecessary delay or expense. “An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence , or if he does not possess qualifications agreed to by the parties.” (s 25) Experienced lawyers and retired judges are generally appointed. Generally, the Ordinance empowers an arbitral tribunal to (s 56): Direct discovery of documents. Direct evidence to be given by affidavit . Examine witnesses and parties on oath or affirmation. Direct the attendance of witnesses to give evidence or produce documents or other evidence. If the parties have consented for Hong Kong law to be applicable to the arbitration, the tribunal will be bound by the precedents of the superior courts of Hong Kong, and adhere to relevant legislation .
Image of page 19
Image of page 20
  • Spring '15

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes