3
SUNDAY, MARCH 11, 1990
THAT THE GRANT DID HE EMPHASISED GOVERNMENT CONTROL OVER THE OPERATION OF THE WOULD REMAIN, FULLY INDEPENDENT.
CARRY
NOT
WITH IT CENTRE WHICH WAS,
ANY
AND
VIABILITY CENTRE'S "IT IS THE GOVERNMENT'S HOPE THAT WITH THE
THE MODEL LAW AS THE PROCEDURAL ASSURED, AND THE AVAILABILITY OF BENCHMARK FOR
HONG KONG ARBITRATIONS,
WILL FULLY
REALISE
LEADING CENTRE FOR INTERNATIONAL COMMERCIAL ARBITRATION IN THE FAR EAST," MR MATHEWS SAID.
INTERNATIONAL
ITS POTENTIAL
AS
THE
THE HE
A MODEL SAID
LAW REPRESENTED
CLEAR EXAMPLE ARBITRATION AS A FORM OF DISPUTE RESOLUTION THAT WAS BASED ON CONTRACT RATHER THAN PUBLIC AUTHORITY, AND WHICH TO THE COURTS, THOUGH STILL SUBJECT TO LIMITED JUDICIAL SUPERVISION.
GOING FURTHER TO EXPLAIN THE ATTRACTIONS OF
MR MATHEWS PROCEDURE FOR SETTLING SIMILARITIES BETWEEN ARBITRATION AND LITIGATION.
DISPUTES,
OF
PRIVATE WAS AN ALTERNATIVE
SAID
ARBITRATION AS
THERE
A WERE
MUST DECISION-MAKER "IN BOTH, THE
BE IMPARTIAL; TREAT THE
CASES RESPECTIVE
AND THE DECISION PARTIES EQUALLY; AND HEAR THEIR MADE IS BINDING ON THE PARTIES.
"THE DIFFERENCE IS, THAT ARBITRATION IS ESSENTIALLY MATTER BASED ON AGREEMENT BETWEEN THE PARTIES,
A PRIVATE
HE SAID.
HE
-
OFFER ADVANTAGES COULD CLEARLY SAID ARBITRATION
AS EXPERT LITIGATION THE OPPORTUNITY TO CHOOSE AN THE DEGREE OF INFORMALITY AND FLEXIBILITY IN TERMS OF REDUCTION
TIME AND
UPON IN
EXPENSE CONSEQUENT EXPERTISE AND, FINALLY, PRIVACY OR CONFIDENTIALITY.
OVER
DECISION-MAKER; PROCEDURE; THE AND FLEXIBILITY
PRESENT, NOTING THAT NOT ALL OF THESE FEATURES WOULD ALWAYS BE
BETWEEN ARBITRATION AND LITIGATION ELEMENT OF CHOICE AND THE
HE SAID THE ULTIMATE DIFFERENCE WAS THAT ARBITRATION PROVIDED A GREATER FLEXIBILITY THAT WENT WITH IT.
ARBITRATIONS, HOWEVER, IT
"NOTWITHSTANDING THE ADVANTAGES OF
COURT- WOULD SEEM TO FOLLOW THAT THE MORE LEGALISTIC, ADVERSARIAL AND
BE SEEN AS ATTRACTIVE LIKE THEY BECOME, THE LESS LIKELY THEY WILL
THIS IS PRECISELY ALTERNATIVES TO LITIGATION FOR SETTLING DISPUTES. WHAT HAS HAPPENED IN SOME OTHER JURISDICTIONS," MR MATHEWS SAID.
IT WAS A PROBLEM THAT THE UNITED NATIONS MODEL AVOID, HE SAID.
LAW SOUGHT TO
I
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