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14th Edition of the Frankfurt Investment Arbitrati...

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Date:	19-21 January 2022
Organiser(s):	China International Economic and Trade Arbitration...

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The 59th Annual Session of the Asian-African Legal Consultative Organization
Professor Kennedy Gastorn, The Secretary-General of AALCO

NewsTHU 2021.12.02

Voices from HK Dispute Resolution Community Speake...

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Date:	19 January 2022 ( Wednesday )
Organiser(s):	Faculty of Law, The University of Hong Kong

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Professor
Kennedy Gastorn
The Secretary-General of AALCO

The decision by China and AALCO to establish the AALCO Hong Kong Regional Arbitration Centre is of great significance. It will help expand the influence of AALCO, enhance regional cooperation, build Hong Kong into a centre for international legal and dispute resolution in the Asia-Pacific region, and promote the HKSAR’s development.
Adding to the five existing regional arbitration centres of the AALCO, the regional arbitration centre in Hong Kong will seek to integrate itself in the AALCO dispute settlement system and perform a variety of tasks, including providing facilities for alternative dispute resolution services and assisting in the enforcement of arbitration awards, and to also promote the growth and effective functioning of arbitration and other dispute resolution services, including online dispute resolution services.
I am confident that this newly established AALCO Hong Kong Regional Arbitration Centre will further advance the growth of ODR in the region and beyond.

Professor Zhao Yun
Head of Department of Law, HKU

The establishment of the AALCO Hong Kong Regional Arbitration Centre marked a major milestone in the development and promotion of Hong Kong as an international legal and dispute resolution services hub. The centre will strengthen Hong Kong’s role as an arbitration hub, provide more convenient and efficient dispute resolution services for parties in Asia and African regions. Having an abundant of legal and dispute resolution talents as well as a mature and robust legal system and legal infrastructure, I am confident that the HKSAR has all the components to bring out the best in the new regional arbitration centre.

Professor Albert Chen SBS, JP
Faculty of Law, The University of Hong Kong

National security is highly regarded in China, and there is the concept known as “holistic approach to national security”. The National Security Law in Hong Kong deals with national security in four aspects, including secession, subversion, collusion to endanger national security and terrorist activities. The National Security Law oversees these four issues pertaining to national security.

Professor Albert Chen SBS, JP
Faculty of Law, The University of Hong Kong

“One country, two systems” of course includes the principles of “one country” and “two systems”. On the principle of “one country”, there needs to be a bottom line in law, and the National Security Law can be construed as one of those legal bottom lines.

Liu Guangyuan, Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region

Hong Kong’s National Security Law is highly significant as it serves as "the law to safeguard Hong Kong”. It has effectively deterred foreign intervention, collusion with disrupters harming the interest of China and Hong Kong, interference with Hong Kong affairs and activities endangering national security. The National Security Law ensures the steadfast implementation of “one country, two systems”, and safeguards Hong Kong’s prosperity and stability in the long term.

Liu Guangyuan, Commissioner of the Ministry of Foreign Affairs of the People's Republic of China in the Hong Kong Special Administrative Region

Supporting the National Security Law means guarding Hong Kong’s unique position and success edges, and embracing the city’s key opportunities for development. With the smooth implementation of the National Security Law and the improved electoral system in the HKSAR, Hong Kong definitely has a brighter and better future.

Leung Chun-ying, GBM GBS JP
Vice Chairman of the National Committee of the Chinese People's Political Consultative Conference

The National Security Law is necessary and essential as a new law. The National Security Law is necessary because every society has legislation that safeguards national security.

Norman Chan GBS
Former Chief Executive of Hong Kong Monetary Authority

Hong Kong is the only common law jurisdiction in the whole world that practices truly bilingual laws in English and Chinese. To me, this is a unique advantage for Hong Kong to intermediate commercial and financial businesses to and from mainland China.

Merlin Swire
Chairman of Swire Pacific Limited

Hong Kong is perfectly positioned to be the connector between the rest of the world and the Greater Bay Area which is the most sophisticated part of the Chinese economy.

Dr. Victor Fung GBM GBS Chairman of Fung Group and 2022 Foundation

The Greater Bay Area is spearheading China’s further global economic integration, especially into the world’s largest single market embedded in the Regional Comprehensive Economic Partnership (RCEP). Hong Kong is the global business platform for these increasing trade and investment flows. The window of opportunity is opening wider for Hong Kong and international companies based here.

The Right Honourable Lord Sumption, Non-Permanent Judge, Court of Final Appeal, Former Justice of the Supreme Court of the United Kingdom

The permanent judiciary of Hong Kong is completely committed to judicial independence and the rule of law.

Non-Permanent Judges of the Court of Final Appeal, the Right Honourable the Lord Neuberger of Abbotsbury (former President of the Supreme Court of England and Wales who presided the Brexit case)

At the moment I detect no undermining of judicial independence [in Hong Kong]. If I felt that the independence of the judiciary in Hong Kong was being undermined then I would either have to speak out or I would have to resign as a judge.

The Right Honourable Beverley McLachlin, PC, Non-Permanent Judge of the Court of Final Appeal, retired Chief Justice of Canada

The presence of judges from England, Australia or Canada on the court, signing on to the decisions, enhances public confidence in their (Hong Kong’s) justice system and in those decisions.

Dr Thomas So, JP, Partner, Mayer Brown, HKSAR

Hong Kong, as an international legal hub, will further enhance the capability of its legal profession by harnessing modern technology in the provision of legal and dispute resolution services.

The Right Honourable Beverley McLachlin, PC, Non-Permanent Judge of the Court of Final Appeal, retired Chief Justice of Canada

The court (in Hong Kong) is very independent, the judges are very high caliber. So they don’t need somebody, in my opinion, to tell them what to do. And that’s not the role.

Justin D’Agostino, CEO, Herbert Smith Freehills

The new Legal Cloud for Hong Kong is a worthy investment, both in the new digital law technology shaping the future of our profession, and in Hong Kong’s long-term strength as a dispute resolution hub.

I Grenville Cross SBS, SC, Vice-Chairman (Senate) at The International Association of Prosecutors

"Vision 2030 for Rule of Law", will teach young people about the rule of law and also promote their awareness of law-abiding issues, through collaboration with the various stakeholders. I feel sure the programme will enhance the community's proper understanding of the rule of law, and of how it operates in practice.

Ronald Sum, Head of Dispute Resolution Asia, Addleshaw Goddard (Hong Kong) LLP

I support the Department of Justice to keep pace with global changes by capitialising on modern technology with a view to consolidating our role as an international legal hub for legal, deal-making and dispute resolution services.

Paul Starr
Partner and Practice Leader HK DR/Infrastructure Joint Coordinator International Arbitration Team King & Wood Mallesons

On infrastructure projects, parties should also consider expressly nominating Hong Kong law, both as the contract’s governing law and separately of its arbitration agreement. They will save them time and cost, in not having to produce independent expert reports on foreign laws and subjecting those experts to cross-examination. More significantly, Hong Kong law has developed cutting-edge answers to many of the construction industry’s conundra over, for example; the occurrence of defects; giving of contractual notices; parties’ specific intent overriding the document precedence clause; the relationship of project completion to outstanding work; record-keeping.

Paul Starr
Partner and Practice Leader HK DR/Infrastructure Joint Coordinator International Arbitration Team King & Wood Mallesons

Drafting Hong Kong arbitration clauses offers parties contracting with PRC entities anywhere in the world unique protections, not available if other jurisdictions are selected. Foremost is asset protection/freezing in the PRC, available only where parties have pre-nominated Hong Kong arbitration by one of the qualifying institutions . Gone are the days, therefore, where Belt and Road countries should tell their citizens “ let investors arbitrate here”. That asset protection is thereby lost.

Andrew Weir, MBE JP
Global Chairman
Asset Management and Hong Kong Senior Partner, KPMG

The recent introduction of Limited Partnership funds, Unified Funds Exemption and Tax Concession for carried interest strongly support the further development of Hong Kong as a leading Private Equity and Fund hub attractive to global, regional and domestic player.

Look Chan Ho, Barrister
Des Voeux Chambers

The recent cross-border insolvency arrangement between Hong Kong and the Mainland shows the great advantage of one country two systems, and it reflects the importance of Hong Kong as an international financial centre and an international restructuring hub.