THURSDAY, MAY 6, 1993
IN 1990 HONG KONG ADOPTED THE MODAL LAW OF THE UNITED COMMISSION ON INTERNATIONAL TRADE LAW FOR ARBITRATIONS.
"IT
NATIONS
ITS INTERNATIONAL
IS MY CLEAR FRELING FROM MY DISCUSSIONS WITH THE LEGAL AND COMMERCIAL COMMUNITY IN HONG KONG THAT ALTERNATIVE DISPUTE RESOLUTION IS BECOMING A MORE AND MORE IMPORTANT ELEMENT OF OUR SYSTEM," HE SAID.
ONE INDICATOR WAS THE INCREASED WORKLOAD OF THE HONG KONG INTERNATIONAL ARBITRATION CENTRE.
"SIGNIFICANTLY BOTH HONG KONG AND OTHER PARTIES ENTERING COMMERCIAL AGREEMENTS WITH CHINESE ORGANISATIONS ARE NOW REGULARLY SPRO [FYING THE CENTRE'S RULES IN THEIR ARBITRATION CLAUSES.
"THIS CAN ONLY BE DONE BY AGREEMENT AND SHOWS THE WAY IN WHICH HONG KONG ARBITRATION IS BECOMING AN BSSENTIAL ELEMENT OF CHINA TRADE, MR MATHEWS SAID).
HE SAID ANOTHER INDICATOR WAS THAT HONG KONG GOVERNMENT DEPARTMENTS WERE NOW REGULARLY USING MEDIATION AS A MEANS TO RESOLVE CONSTRUCTION DISPUTES.
NOT ING DEVELOPMENTS IN ALTERNATIVE DISPUTE RESOLUTION WITHIN THE COMMONWEALTH AND THE UNITED STATES AS EVIDENCE OF A BROAD TREND OR SEARCH FOR MEANS TO ACHIEVE RESOLUTION OF DISPUTES, HE SAID:
"WHAT WE HAVE IS NOT MERELY A COLLECTION OF MEANS OF ALTERNATIVE DISPUTE RESOLUTION BUT WHAT CAN BE BETTER DESCRIBED AS AN ALTERNATIVE DISPUTE RESOLUTION SYSTEM.
"THIS IS NOT FAR FROM BEING AN ALTERNATIVE JUDICIAL SYSTEM RUN PRIVATELY AND BEYOND THE DIRECT CONTROL OF THE COURTS.
BECAUSE MANY OF THE MEANS OF ALTERNATIVE DISPUTE RESOLUTION HAD DEVELOPED OUTSIDE THE CONTEXT OF THE ARBITRATION LEGISLATION, HE SAID PARTIES DID NOT ALWAYS HAVE SOME OF THE IMPORTANT PROTECTIONS.
"RATHER THAN SEE THE NECESSARY CHECKS AND BALANCES GRADUALLY INTRODUCED BY A COMBINATION OF AD HOC LEGISLATIVE AND JUDICIAL INTERVENTION, WE SHOULD RECOGNISE THE MERITS OF THESE ALTERNATIVE METHODS BUT ALSO THE LIMITATIONS OF AN ALTERNATIVE SYSTEM AND МАКЕ SURE THAT AS THEY DEVELOP THESE NEW METHODS THEY ARE INTEGRATED INTO THE EXISTING SYSTEM SO THAT WE CAN HAVE THE BEST OF BOTH WORLDS.
THE FINAL PRODUCT OF SUCH A PROCESS WOULD BE SOMETHING WHICH MIGHT BE BEST DESCRIBED AS A DISPUTE RESOLUTION SYSTEM, HE SAID.
**IT WOULD COMPRISE A BALANCED MIXTURE OF ALTERNATIVE DISPUTE RESOLUTION REMEDIES WITH THE REMEDIES OF THE PUBLIC LAW.
"THE PUBLIC LAW WOULD SUPPORT ALTERNATIVE DISPUTE RESOLUTION WITHOUT INTERFERING WITH ITS ESSENTIALLY PRIVATE NATURE. AND IN A VERY REAL SENSE ALTERNATIVE DISPUTE RESOLUTION WOULD SUPPORT THE LEGAL SYSTEM," MR MATHEWS SAID.
/30
Page 10Page 11