Dumler and partners and Hong Kong International Arbitration Centre cordially invites you to the Arbitration Clause Negotiation Workshop.
The seat of arbitration – does China in your agreement mean Mainland China or Hong Kong?
The Hong Kong Court of First Instance in its recent decision on Z v. A and Others* case has effectively upheld a position that, in the absence of a specific agreement between the parties, the reference to “China” as a seat of arbitration shall be considered as a reference to Hong Kong, which, being a part of China, still has a very different legal system. As robust as it could be, this decision provides a number of very useful observations, such as (i) Hong Kong courts tend to provide maximum support towards arbitration; (ii) Mainland China and Hong Kong have very different legal regimes when it comes to arbitration and recognition of arbitral awards and the one of Hong Kong is much preferable for arbitration; (iii) every user should be very careful and specific when choosing China as a place of arbitration.
*Z v. A and Others  HKCFI 228;  2 HKC 272; HCCT 8/2013