HONG KONG SAR, CHINA Law and Practice Contributed by: Frederick Hui and Samuel Li, Zhong Lun Law Firm
be treated equally and given a full opportunity to pre - sent their case, and each party must receive proper notice of hearings and of submissions made by the other side. Parties are free to agree their own pro - cedural framework. If they do not, the tribunal may conduct the arbitration as it considers appropriate, but it must hold an oral hearing if a party requests one unless the parties have agreed to proceed on docu - ments only. The AO also contemplates basic pleading steps: a statement of claim and statement of defence with sufficient particulars, filed within the agreed or tribunal‑fixed timeline. If the claimant fails to submit its claim on time, the tribunal may terminate the proceed - ings. If the respondent fails to defend, the proceedings usually continue, but the claimant’s allegations are not automatically accepted. The AO also imposes mandatory timing and form requirements concerning jurisdictional objections, arbitrator issues and the award. Arbitrators must dis - close circumstances that could give rise to justifiable doubts as to their independence or impartiality, and any challenge must be made within a short statu - tory period after the grounds become known. Juris - dictional objections must be raised no later than the statement of defence, and excess‑of‑authority objec - tions must be raised promptly once the issue arises. Awards must be in writing, signed, state the date and seat, give reasons unless the parties agree otherwise, and be delivered to each party. Beyond these essen - tials, the AO leaves procedural matters largely to party autonomy and tribunal case management, with insti - tutional rules typically providing the detailed timetable and mechanics for the arbitration. 7.3 Powers and Duties of Arbitrators Under Hong Kong law, arbitrators are given wide pow - ers, mainly through the AO, which incorporates the Model Law. In broad terms, tribunals may manage the arbitration if the parties have not agreed detailed procedures. They can decide their own jurisdiction (often called the kompetenz ‑ kompetenz principle), set the procedure and timetable, and decide what evidence is admis - sible and how much weight to give it. They may order document production, appoint independent experts,
and continue the case even if one party does not take part. Tribunals also have important interim and remedial powers. These include granting interim measures such as preserving assets, maintaining the status quo or protecting evidence. Under Hong Kong’s local provisions, tribunals may also order security for costs. At the end of the case, arbitrators may award interest (both before and after the award) and decide how the costs of the arbitration should be allocated. They may issue an award, and later make a correction, interpre - tation or an additional award where permitted. Alongside these powers, arbitrators have mandatory duties. They must be impartial and independent and must disclose any circumstances that could give rise to justifiable doubts about this. They must treat the parties equally and give each party a fair opportunity to present its case. If a party asks for an oral hearing, the tribunal must hold one unless the parties have agreed that the dispute will be decided on documents only. Arbitrators are also required to conduct the arbi - tration without unnecessary delay. Any award must be in writing, signed, and state the seat and date of the arbitration. Reasons must be given unless the parties have agreed otherwise. Hong Kong has a statutory confidentiality regime covering arbitral proceedings and awards, and arbitrators are expected to comply with these confidentiality require - ments, subject to limited exceptions. Arbitrators also benefit from statutory immunity for acts or omissions done in good faith in the course of their duties, which supports their role in conducting proceedings fairly and efficiently. 7.4 Legal Representatives In Hong Kong-seated arbitrations, parties have wide freedom to choose their legal representatives. In arbitration proceedings, the AO removes the usual restrictions on the unauthorised practice of law for arbitration work (Section 63 of the AO). This means that parties may be represented by non-Hong Kong lawyers, and even by non-lawyers, in both domestic and international arbitrations. There are no national -
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