HONG KONG SAR, CHINA Law and Practice Contributed by: Frederick Hui and Samuel Li, Zhong Lun Law Firm
ity or local qualification requirements for appearing before an arbitral tribunal. In court proceedings relating to arbitration – for exam - ple, applications for a stay of court proceedings, inter - im measures, or to set aside or enforce an award – the normal Hong Kong court rules apply. Parties must generally be represented by lawyers admitted in Hong Kong, namely, solicitors or barristers with the appro - priate rights of audience for the court concerned. Overseas barristers may only appear if they are granted ad hoc admission by the Hong Kong courts, which is discretionary and not automatic. Additional restrictions may apply in certain limited cases, includ - ing some national security-related matters. Institutional rules may also be relevant. The 2024 HKI - AC Rules require parties to notify all other parties, the tribunal and HKIAC of any proposed change of legal representatives. The tribunal has the power to take measures, including excluding proposed new repre - sentatives, where a change in representation would give rise to a conflict of interest. 8. Evidence 8.1 Collection and Submission of Evidence In Hong Kong arbitration, the collection and presen - tation of evidence is largely shaped by what the par - ties agree and how the tribunal manages the case, subject to basic due‑process requirements such as equal treatment, proper notice and a fair opportuni - ty to be heard. There is no automatic, wide‑ranging US‑style discovery. Instead, document production is usually limited, focused and proportionate. Requests are often organised using “Redfern schedules” (a structured request‑and‑response table), and tribunals commonly draw guidance from the IBA Rules on the Taking of Evidence, if the parties agree or the tribunal considers them helpful. Legal privilege generally follows Hong Kong principles, including legal advice privilege, litigation privilege and “without prejudice” protection for settlement com - munications. Arbitration proceedings and awards are confidential under the AO, subject to limited excep - tions. In practice, tribunals may also order additional
protections, such as confidentiality arrangements for sensitive documents, where appropriate. Factual and expert evidence are typically submitted in the form of written witness statements or expert reports, which stand as the evidence‑in‑chief. These are then tested at an oral hearing through cross‑exam - ination. Tribunals actively manage hearings, including time allocation between the parties and, where useful, concurrent expert evidence (“hot‑tubbing”). Electronic documents are handled through proportionate proto - cols set by the tribunal. In limited circumstances, and subject to the AO and court discretion, Hong Kong courts may assist with evidence‑related matters, including involving third parties. Failure to comply with evidential directions may lead to adverse inferences or costs consequences. Hearing logistics are usually governed by procedural orders covering matters such as document bundles, transcription and remote tes - timony. 8.2 Rules of Evidence In Hong Kong-seated arbitration, there is no mandato - ry set of evidence rules equivalent to the court‑focused Evidence Ordinance or Rules of High Court. Parties are free to agree on how evidence will be handled. If they do not, the arbitral tribunal has broad discretion to decide what evidence is admissible, relevant and persuasive, and how much weight it should be given. Tribunals may also adopt non‑binding guidelines, such as the IBA Rules on the Taking of Evidence, if the parties agree or the tribunal considers them helpful. Witness evidence is usually given through written wit - ness statements, which serve as the main evidence. Witnesses may then be questioned at a hearing if the tribunal considers this necessary. Tribunals can order limited and targeted document production rather than broad discovery. If a party fails to comply with eviden - tial directions, the tribunal may take this into account when assessing the case or allocating costs. Privilege and confidentiality are recognised in arbitra - tion much as they are in Hong Kong litigation. Legal advice privilege, litigation privilege and “without preju - dice” protection for settlement discussions generally apply. Arbitral proceedings and awards are confiden - tial under the AO, subject to limited exceptions.
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