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HKIAC International Arbitration

Hong Kong Seated International Arbitration:  After India recognising Hong Kong seat of Arbitration as per the New York convention in the year 2012, a large number of contracts have arbitration clauses with Hong Kong as the seat of Arbitration. Due to arbitration friendly supervisory courts in Singapore, speedy disposal of arbitration related litigation, consistent and predictable judicial verdicts of the Hong Kong courts Hong Kong is emerging as one of the favorable seat in Asia. Even though Adhoc, ICC, CIETAC arbitrations are also possible in Hong Kong mostly parties incorporate HKIAC as the arbitration institution and Hong Kong law as the procedural law. When parties choose HKIAC as the arbitral Institution then the HKIAC Rules are applicable in determining the procedural aspects of the arbitration. The firm has strong experience and expertise in handling International commercial arbitration in Hong Kong particularly as per the Hong Kong International Arbitration Centre (HKIAC) Rules. Our senior partner S. Ravi Shankar has in-depth knowledge and expertise in handling complex international arbitrations involving multi jurisdictions.

 

HKIAC Arbitration Where Indian law is the Substantive Law: While finalizing an international contract between parties from different jurisdictions, parties can determine the applicable laws, as per which disputes will be resolved in case dispute arise between the parties out of the contract. Once parties choose the Hong Kong seat then the supervisory jurisdiction over that goes to Hong Kong Courts and the procedural law becomes CAP 609 Hong Kong Arbitration Ordinance. But if the assets created by the contract are situated in India or for any other reason parties may choose Indian law as the law governing the contract or substantive law, then the arbitrators have to interpret the contract and decide the disputes as per Indian law. In such matters the firm and its partners can handle the entire matter on their own, without involving any Hong Kong qualified lawyer, till the pronouncement of an award. In case of any challenge preceding, the firm shall use the services of its Hong Kong Associate lawyer. Due to this the Firm is able to effectively cut the costs of arbitration and keep it affordable and reasonable.

 

HKIAC Arbitration Where a Foreign Law is the Substantive Law: While finalizing the contract parties determine the applicable laws which should be used to resolve the disputes, in case dispute arise between the parties out of the contract. Once parties choose the Hong Kong seat then the supervisory jurisdiction goes to Hong Kong Courts and the procedural law becomes Arbitration Ordinance of Hong Kong. But if the for any other reason parties may choose any law of a foreign country as the law governing the contract or substantive law, then the arbitrators have to interpret the contract and decide the disputes as per that law. In such matters the firm and its partners take the assistance of a prominent lawyer having good exposure that law to assist our arguing counsel.In case of any challenge preceding the firm shall use the services of its UK Associate lawyer. Due to this capability the Firm is able to effectively cut the costs of arbitration and keep them within the reasonable levels.

 

Enforcement of Foreign Awards Passed in Hong Kong:  Hong Kong is a signatory of New York Convention for recognition and enforcement of International Arbitration awards. Almost all the signatory countries recognize the awards passed in Hong Kong and hence enforceable all over the World. The firm can assist the parties from the stage of appointment of competent arbitrators either from Hong Kong or from neutral country or from India till the delivery of the final award. The firm can handle all the aspects of the arbitration in Hong Kong and related litigation as per Hong Kong law in the Hong Kong Courts through the Associate Hong Kong lawyers. The firm also can assist clients to execute the international arbitration award passed in Hong Kong either in Hong Kong or in any other country.