On 2nd February 2008, on a cold winter’s morning, the first of the grand new series of sessions of the Practitioner’s Guide to ADR was launched at HKIAC, 38/F, Two Exchange Square, Hong Kong. Fellow and associate members of HKIArb attended the talk which was organized exclusively for members and friends of the Hong Kong Institute of Arbitrators (“HKIArb”).

Mr John Lee, HKIArb’s representative, welcomed members to the topic of the first talk on Reform of the Law of Arbitration in Hong Kong and draft Arbitration Bill, which was jointly presented by Ian Wingfield, Solicitor General, Department of Justice and Ken Somerville, Deputy Legal Adviser (Works), Development Bureau.

The draft Arbitration Bill was published by the Department of Justice on 31 December 2007 with the consultation paper to seek views on reform of the law of arbitration in Hong Kong. This Bill and consultation paper was prepared with the assistance of a working group chaired by the Solicitor General and consisted of representatives from the legal profession, arbitration experts and government officials, to take forward and implement the recommendations proposed in the Report of Committee on Hong Kong Arbitration Law published in 2003 by the HKIArb Committee on Hong Kong Arbitration Law.

The purpose of the whole reform is to make the law of arbitration more user-friendly to arbitration users both in and outside Hong Kong. Its aim is to enable the Hong Kong business community and arbitration practitioners to operate an arbitration regime which accords with widely accepted international arbitration practices and development, thereby further promoting Hong Kong as a regional centre for dispute resolution.

The draft Arbitration Bill adopted the structure of the UNCITRAL Model Law as its framework and the provisions of the UNCITRAL Model Law, applying them both to domestic and international arbitration and creating a unitary regime. Those articles recently introduced or revised by the UNCITRAL in 2006 are also included, where considered applicable and subject to necessary modifications. Copies of the draft Arbitration Bill and consultation paper were made available at the session. Further details can be found at http://www.doj.gov.hk/eng/public/pdf/2007/arbitration.pdf.

Ian and Ken presented the key points of t the draft Arbitration Bill in an hour long talk and attended a lively Q&A session. It is anticipated that the draft Bill will become law during the 2008-2009 legislative session. After this important and informative talk, members thanked the two distinguished speakers in the usual way. The Department of Justice has invited comments on the draft Arbitration Bill by 30 April, 2008.

Reported by Gary Soo, President of HKIArb and Allen Poon, AHKIArb