Among the available dispute resolution alternatives to the courts, arbitration is by far the most commonly used internationally. The advantages of arbitration are:

Useful Links:
ICC Dispute Resolution Rules
Eng.http://www.iccwbo.org/uploadedFiles/Court/Arbitration/other/
rules_arb_english.pdf
Chin.http://www.iccwbo.org/uploadedFiles/Court/Arbitration/other/
rules_arb_chin.pdf
ICC standard and suggested clauses for Dispute Resolution Services
Eng.http://www.iccwbo.org/court/english/arbitration/word_documents/model_clause/
mc_arb_english.txt
Chin.http://www.iccwbo.org/uploadedFiles/Court/Arbitration/other/
mc_arb_chinese.pdf

The ICC in Hong Kong has a Standing Committee on Arbitration. Service on the Standing Committee is voluntary. Membership is on a voluntary basis.

The work of the Standing Committee involves consideration of the various issues involving ICC arbitration in Hong Kong. It’s primary functions are to:

• The 2012 ICC Rules of Arbitration on 10-11 October, 2011
• Singapore's Evolution As An International Arbitration Venue For ICC And Other International Arbitrations:  How They Got There - Any Lessons For Hong Kong on 12 July, 2011
• Practical Considerations in Arbitrating Transport Logistics Disputes on 15 June, 2011
• 2nd Annual ICC Asia Pacific Conference : Regional Perspectives on 1-2 April, 2011
• Drafting Dispute Resolution Clauses : ICC Clauses and drafting clauses for China- Lunchtime Briefing on 28 February, 2011
• Hong Kong :Arbitration: Domestic, Int’l (Incl. ICC) and in China on 12, 16 February, 2011 and 12 March, 2011

ICC Arbitration Information

The Supreme People’s Court has confirmed the Enforceability in Mainland China of ICC Arbitral Awards and other awards made in Hong Kong

The Supreme People’s Court of Mainland China recently issued a notification to the Mainland Chinese Higher People’s Courts, confirming that ICC arbitral awards made in Hong Kong and arbitral awards made in Hong Kong under other foreign arbitration institutions’ rules, as well as ad hoc arbitral awards made in Hong Kong, are enforceable in Mainland China under the 1999 Arrangement on Mutual Enforcement of Arbitral Awards between Mainland China and the Hong Kong SAR.

Dated 30 December 2009, the notification clarifies that ad hoc and institutional arbitral awards rendered in the Hong Kong Special Administrative Region are enforceable in Mainland China subject to Article 7 of the Arrangement concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, which became effective from 1 February 2000. Article 7, which mirrors Article V of the New York Convention, lists limited grounds on which enforcement and recognition of awards may be refused.

The awards to which the notification applies specifically include those rendered under the auspices of the International Court of Arbitration of the International Chamber of Commerce. Any doubt over the enforceability of such awards in Mainland China should now be removed.

The notification is a welcome step forward. It is likely to boost Hong Kong’s development as a seat for international dispute resolution. ICC already has a growing caseload in the region, administered from the Asia branch of the ICC Court Secretariat based in Hong Kong. Industry experts have predicted that the clarification brought by the notification of the Supreme People’s Court will reinforce ICC’s position and give it added appeal for administering cases relating to China.

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