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FRIDAY, OCTOBER 6. 1989
ARBITRATION BILL GAZETTED
*
WHICH
PROPOSES SEEKS TO
THE ARBITRATION (AMENDMENT) (NO. 2) BILL 1989, TO INTRODUCE A SEPARATE LAW FOR INTERNATIONAL ARBITRATIONS, ENHANCE OVERSEAS CONFIDENCE IN HONG KONG AS AN INTERNATIONAL ARBITRATION CENTRE.
PROPOSES
THE BILL, PUBLISHED IN THE GAZETTE TODAY (FRIDAY), THAT HONG KONG ADOPTS THE MODEL LAW OF ARBITRATION DRAFTED IN 1985 BY THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL).
THAT OF THE
THE BILL, IF PASSED BY THE LEGISLATIVE COUNCIL, WILL MEAN HONG KONG WILL JOIN CANADA, AUSTRALIA AND OTHERS IN BEING ONE
RST JURISDICTIONS IN THE WORLD TO ADOPT THE UNCITRAL MODEL LAW.
THE OBJECT OF THE BILL IS TO IMPLEMENT RECOMMENDATIONS MADE THE LAW REFORM COMMISSION (LRC) IN ITS REPORT ON "THE ADOPTION OF UNCITRAL MODEL LAW OF ARBITRATION" PUBLISHED IN SEPTEMBER 1987.
BY
THE
IN FUTURE THE LRC HAD RECOMMENDED THAT ARBITRATION AGREEMENTS
ARBITRATIONS SHOULD BE HE GOVERNED BY ONE OF TWO REGIMES. DOMESTIC
LAW
ΤΟ (SUBJECT
SOME MINOR GOVERNED BY THE EXISTING
ALTERATIONS 1 WHILE INTERNATIONAL ARBITRATIONS SHOULD BE GOVERNED BY THE MODEL LAW.
то HOWEVER, THE BILL. ENABLES PARTIES
A DOMESTIC AGREEMENT TO HAVE THE OPPORTUNITY TO HAVE THEIR DISPUTES PARTIES TO AN INTERNATIONAL UNDER THE MODEL LAW WHILE WILL HAVE THE OPTION TO HAVE THEIR ARBITRATIONS DEALT WITH DOMESTIC LAW.
ARBITRATION
DEALT WITH
ARBITRATION UNDER THE
INTERNATIONAL
"SINCE THE ESTABLISHMENT OF THE HONG KONG
THE POTENTIAL FOR ARBITRATION CENTRE, HONG KONG HAS BEEN DEVELOPING
INTERNATIONAL ARBITRATION IN THE FAR BEING THE LEADING CENTRE FOR EAST.
"IT IS IMPORTANT DESIGNED AS SPOKESMAN SAID.
THAT THE LAWS OF HONG KONG
THESE DEVELOPMENTS," POSSIBLE TO ASSIST
A
BE AS WELL GOVERNMENT
THE SPOKESMAN SAID THE MODEL LAW WAS AGREED OVER YEARS BY REPRESENTATIVES OF MANY NATIONS INCLUDING HONG TRADING PARTNERS.
THIS
BY
A NUMBER OF KONG'S MAJOR
SAID THE UNCITRAL INITIATIVE IN IN ITS REPORT, THE LRC HAD
WAS PROMPTED
THE
OF FIELD
PROBLEMS THAT PRACTITIONERS
THE INTERNATIONAL ARBITRATION AND THEIR CLIENTS FOUND IN DEALING WITH
DIFFERING REGIMES UNDER WHICH ARBITRATION OPERATES IN
WIDELY
DIFFERING JURISDICTIONS.
A COMMON PROCEDURAL UNCITRAL THEREFORE TOOK THE VIEW THAT IF
ABLE TO CONCENTRATE ON BASE COULD BE ESTABLISHED, PARTIES MIGHT BE
VENUE INSTEAD OF WORRYING ABOUT THE FAIRNESS AND CONVENIENCE OF A
ESTABLISHED PROCEDURAL ASPECTS. IT WAS FOR THIS REASON THAT UNCITRAL A WORKING GROUP IN 1982 TO DRAFT A MODEL LAW.
THE BILL IS DUE TO BE INTRODUCED INTO THE
ON NOVEMBER 1.
LEGISLATIVE COUNCIL
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