MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida, Bernice Kwok and Daniel de Senna Fernandes, Riquito Advogados
12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country The main alternative dispute resolution (ADR) mechanism currently available in the Macau SAR is arbitration. Although certain legislation refers to mediation, it does not regulate mediation or conciliation as standalone processes. However, certain institutionalised arbitration centres provide mediation and/or conciliation processes, and almost every arbitration regula- tion provides for a conciliation hearing where a settlement is attempted before the matters go to trial. For example, the WTC Macau Arbitra- tion Centre provides autonomous mediation in relation to disputes arising in the context of the Closer Economic Partnership Arrangement (CEPA) on trade services between the Macau SAR and the People’s Republic of China as well as an autonomous conciliation process to which any matters can be submitted; and the Real Estate Administration Arbitration Centre pro- vides for a mandatory conciliation phase before the matter is finally referred to arbitration. 12.2 ADR Within the Legal System In the existing framework, there are neither gen- eral compulsory arbitration provisions nor sanc- tions for unreasonable refusal of ADR. 12.3 ADR Institutions There are currently three institutional arbitration centres in the Macau SAR: • the Consumer Conflicts Arbitration Centre; • the WTC Macau Arbitration Centre; and • the Macau Lawyers’ Association Arbitration Centre.
The WTC Macau Arbitration Centre and the Law- yers’ Association Arbitration Centre are able to take arbitrations on any matters that may be sub - mitted to arbitration while the others are limited to specific matters and, in certain cases, by the nature of the disputes (for instance, the Macau Consumer Mediation and Arbitration Centre only accepts consumer disputes). 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration A new Arbitration Law (Law 19/2019) came into force in the Macau SAR on 3 May 2020. It is fun- damentally inspired by UNCITRAL Model Law on international commercial arbitration (with the amendments approved in 2006) and revokes and unifies the currently existing dual arbitration regimes in the Macau SAR, thereby replacing the previous parallel regimes: • the Domestic Arbitration Law (Decree Law No 29/96/M); and • the International Commercial Arbitration Law (Decree Law No 55/98/M). Although the new law is applicable to arbitra- tions commenced after such date, arbitral agree- ments signed before the entry into force of Law 19/2019 that expressly refer to any of the for- mer regimes may be conducted in accordance with such procedures if the other party does not oppose it within 15 days from receiving the arbi- tration proposal. The recognition and enforcement of foreign arbi- tration awards is governed by Law 19/2019 by the Macau SAR’s Code of Civil Procedure. There are, however, specific agreements for the rec-
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