Jurisdiction(s):
United Kingdom

Hong Kong Arbitration Ordinance (Cap 609): Model Law framework, scope, tribunal jurisdiction, court support and enforcement, seat and confidentiality

Published by a LexisNexis Arbitration expert

Practice notes

Scope

The Arbitration Ordinance (Cap 609) (AO) governs any arbitration pursuant to an arbitration agreement that designates Hong Kong as the seat, irrespective of whether the agreement was concluded in Hong Kong. AO applies to both domestic and international arbitrations. If the seat lies outside Hong Kong, only selected provisions of AO apply, including:

stay of court proceedings where the dispute is subject to an arbitration agreement (AO, s 20)
interim measures ordered by a court in support of an arbitration (AO, ss 21, 45, 60)
enforcement of emergency relief issued by emergency arbitrators (AO, ss 22A–22B)
enforcement of the arbitral tribunal’s orders and directions (AO, s 61)
recognition and enforcement of awards (AO, ss 82–98)

The provisions of AO (subject to limited exceptions) also extend to statutory arbitrations under other ordinances, so long as AO is consistent with that ordinance (AO, s 5). These applications operate irrespective of the arbitration’s domestic or cross-border character under AO, in each relevant case.

Structure of the Arbitration Ordinance (Cap 609)

The former Arbitration Ordinance (Cap 341) maintained separate, distinct regimes for domestic and international arbitrations. International arbitrations were governed by the United Nations Commission on International Trade Law (UNCITRAL) Model Law, while...

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Valerie Li

DLA Piper

Valerie Li is an Of Counsel in the Litigation and Regulatory team, based in DLA Piper's Hong Kong office. Valerie has extensive experience in international arbitration and commercial litigation. She is the Co-Chair of HK45 for the Hong Kong International Arbitration Centre (HKIAC). In 2018, Valerie is accredited as a Tribunal Secretary at the HKIAC. She regularly handles commercial disputes covering areas including intellectual property and technology, investment funds, joint ventures, licensing and distribution, energy and natural resources, and international trade and sale of goods in arbitrations seated in jurisdictions including Hong Kong, London, Singapore and Mainland China under rules including HKIAC, CIETAC, UNCITRAL, SIAC, ICC, and LMAA Terms. Valerie has represented clients from the Middle East, Americas, United Kingdom, Europe, Mainland China, Hong Kong, and other parts of Asia. Valerie has also acted for clients in...

Bryan Chan

DLA Piper

Bryan is a senior associate at DLA Piper Hong Kong. He has substantial experience in commercial litigation and arbitration. He has advised and acted for banks, funds, joint ventures and companies in various industries including real estate, pharmaceutical, sports, TMT, hotel, property management and shipping.Bryan has a particular focus on handling shareholders disputes, breach of directors’ duties, contractual disputes, insolvency and winding-up, breach of trust, fraud, property management and defamation.Bryan regularly advises and represents clients in proceedings at various levels of the Hong Kong courts, as well as arbitrations in the HKIAC, CIETAC, LCIA and SIAC.Most recently, Bryan has acted for a leading global investment manager in an HKIAC administered arbitration in respect of a shareholders' dispute which concerns a USD200 million investment in a joint venture in Mainland China, and also acted for one of the largest commercial real estate services and...

Janice Li

DLA Piper

I am currently an associate in DLA Piper's litigation and regulatory group. I am a solicitor admitted in the High Court of Hong Kong and an US attorney qualified to practice law in the New York State. My practice focuses on international arbitration and commercial litigation. I have handled disputes covering areas including financial instruments, licensing and distribution, construction, insurance, international trade and sale of goods, shipping, energy and natural resources and general commercial disputes in the High Court of Hong Kong, and arbitrations seated in jurisdictions including Hong Kong, Singapore, London, the US and Mainland China.I have advised clients in all aspects of disputes including asset preservation, injunctions, as well as enforcement of arbitral awards in various jurisdictions....

Web page updated on 21/05/2026

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