WEDNESDAY, JUNE 28, 1989
28
BILL CLARIFIES POSITION ON ARBITRATION REPRESENTATION
* * *
1989 WILL MAKE
THE ARBITRATION (AMENDMENT) BILL PARTIES TO AN ARBITRATION AGREEMENT MAY BE REPRESENTED BY OF THEIR CHOICE.
CLEAR THAT
ANY PERSON
MOVING THE SECOND
OF THE READING
THE ATTORNEY (WEDNESDAY), COUNCIL TODAY MATHEWS, SAID THIS POSITION WAS IN LINE WITH MAJOR CENTRES OF ARBITRATION.
BILL IN
LEGISLATIVE THE
HON GENERAL, THE
JEREMY THE PRACTICE IN OTHER
MR MATHEWS EXPLAINED THAT
AN FOR
ARBITRATION
WAS
THE
ESSENTIALLY RESOLUTION OF A
A
DISPUTE
ARRANGEMENT
PRIVATE CONTRACTUAL OTHERWISE THAN BY LEGAL PROCEEDINGS IN THE COURTS.
OF
LAW THE EXCLUSIVE RIGHTS HE POINTED OUT THAT AT COMMON
IN THE COURTS DID AUDIENCE WHICH BARRISTERS AND SOLICITORS ENJOYED
AN ARBITRATION MIGHT BE NOT EXTEND TO ARBITRATIONS. A PARTY IN
AND REPRESENTED BY ANY PERSON OF HIS CHOOSING WHATEVER HIS PROFESSION FROM WHATEVER LEGAL JURISDICTION THAT PERSON MIGHT COME.
COMMON LAW POSITION IN
47 AND
OF THE LEGAL
"HOWEVER, DOUBT HAS BEEN CAST ON THE
45 44, OF SECTIONS RESULT HONG KONG AS A PRACTITIONERS ORDINANCE," MR MATHEWS SAID.
WHILE
PREPARE
CERTAIN
PERSON ACTING AS A NO SECTION 47 LEGAL
SECTION 44 PROVIDED THAT ANY UNQUALIFIED BARRISTER SHOULD BE GUILTY OF AN OFFENCE. SECTION 45 PROVIDED THAT
ACT AS A SOLICITOR, UNQUALIFIED PERSON
PERSON PROVIDED THAT NO DOCUMENTS.
SHOULD UNQUALIFIED
HE NOTED THAT THE QUESTION
SHOULD
OF WHAT EFFECT THESE PROVISIONS MIGHT HAVE IN RELATION TO ARBITRATION PROCEEDINGS HAND LED TO A NUMBER OF WIDELY DIFFERING OPINIONS FROM LAWYERS.
IN
THE
AND BARRISTERS ADMITTED
OTHERS CONSIDER THAT FROM APPEARING IN ARBITRATION
"SOME ARGUE THAT ONLY SOLICITORS HONG KONG HAVE A RIGHT OF AUDIENCE. PROVISIONS DO NOT PREVENT ANY PERSON PROCEEDINGS, HE SAID.
r
HE SAID THAT CONFUSION EXISTED AND THE UNSATISFACTORY.
SITUATION WAS CLEARLY
INDICATIONS THAT
THE
UNCERTAINTY
IS KONG
FOR
THE
STRONG "THERE ARE NOW CONSTITUTING A SUBSTANTIAL IMPEDIMENT TO THE DEVELOPMENT OF HONG
BECAUSE CONTRACTING AS
FOR ARBITRATIONS AN INTERNATIONAL CENTRE
HONG KONG
VENUE AS A TO NOMINATE PARTIES
UNWILLING ARBITRATIONS IF THEY CANNOT BE SURE THAT THEY WILL BE ABLE TO USE ADVOCATE OF THEIR CHOICE," HE SAID.
ARE
"THE BILL
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