Hong Kong Dispute Resolution Practice
Expert Services International can provide dispute resolution services in Hong Kong under the Arbitration Ordinance, HKIAC Rules, mediation and expert determination.
Hong Kong Dispute Resolution Practice
Dispute resolution in Hong Kong is governed by the Arbitration Ordinance (Cap. 609), which implements the UNCITRAL Model Law and provides a unified regime for domestic and international arbitration. The Mediation Ordinance (Cap. 620) establishes the framework for mediation, and the Apology Ordinance (Cap. 631) addresses the legal effect of apologies in civil proceedings.
Expert Services International can provide arbitration, mediation, expert determination and dispute advisory services in Hong Kong. The HKIAC administers arbitrations under its Administered Arbitration Rules, and Hong Kong is frequently selected as a seat for international construction and infrastructure arbitrations across the Asia-Pacific region.
Hong Kong is a common law jurisdiction. The Arbitration Ordinance (Cap. 609) implements the UNCITRAL Model Law and provides a unified regime for both domestic and international arbitration.
Commercial Arbitration
The Hong Kong International Arbitration Centre administers arbitrations under its own HKIAC Administered Arbitration Rules 2024, which came into force on 1 June 2024, as well as under the UNCITRAL Arbitration Rules. The HKIAC Rules 2024 incorporate significant procedural refinements reflecting international best practice and responding to the needs of modern international commercial disputes. The Arbitration Ordinance, Chapter 609, provides the legislative foundation, incorporating the UNCITRAL Model Law and ensuring that arbitration agreements are enforceable, that the powers of arbitral tribunals are clearly defined, and that the courts exercise minimal intervention in arbitral proceedings save in circumstances of fundamental procedural unfairness or manifest excess of jurisdiction.
The HKIAC Rules 2024 introduced significant procedural innovations addressing contemporary practice developments. The Rules now impose a strict obligation on tribunals to declare proceedings closed no later than 45 days from the date of the last directed substantive oral or written submissions, promoting efficiency in the arbitral process. The Rules also provide for an emergency arbitrator procedure, enabling a party to apply for emergency relief either before, concurrent with, or following the filing of a Notice of Arbitration but prior to the constitution of the tribunal. This mechanism addresses a recognised gap in international arbitration practice by providing a pathway for urgent interim relief where time does not permit the constitution of a full tribunal. The Rules also incorporate Rule 9A, which encourages parties and co-arbitrators to consider diversity when designating arbitrators, reflecting the profession's commitment to inclusive representation and the recognition that diverse tribunals enhance decision-making quality.
Third-party funding of arbitration has been permitted in Hong Kong since 2019, allowing parties with meritorious claims to access dispute resolution mechanisms without bearing the full financial burden of proceedings. This development has expanded access to justice and has particular relevance to construction disputes involving significant financial exposure and complex technical issues. The Chartered Institute of Arbitrators, through its East Asia Branch, maintains a significant presence in Hong Kong, and the IBA Rules on Taking of Evidence in International Arbitration are widely adopted in HKIAC proceedings, providing a practical framework for the management of expert evidence and factual testimony. The CIArb Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration is similarly well-regarded and frequently utilised in construction and engineering disputes.
Mediation Services
The Hong Kong Mediation Ordinance, Chapter 620, enacted in 2013, provides a statutory framework for mediation and establishes the Hong Kong Mediation Council (HKMC) as the primary institution administering mediation in Hong Kong. The Ordinance protects the confidentiality of mediation communications through comprehensive privilege provisions, encouraging parties to engage openly and frankly in settlement discussions without fear that statements made during mediation will be used as evidence in subsequent proceedings. The HKIAC provides mediation services through its own rules and procedures, and the centre has published practice notes providing guidance on the conduct of mediation in international disputes.
The Hong Kong Apology Ordinance, Chapter 631, provides statutory protection for apologies and admissions of liability made in the context of mediation and settlement discussions. This protection, which is recognised in leading common law jurisdictions including Australia and Singapore, enables parties to acknowledge mistakes or liability without such acknowledgment being construed as an admission useable against them in legal proceedings. This framework has proven particularly valuable in construction disputes, where parties often wish to acknowledge technical deficiencies or performance shortfalls without creating a basis for expanded liability or additional claims. Practice Direction 31, issued by the Chief Justice's office, provides procedural guidance on the management of mediation and alternative dispute resolution mechanisms in Hong Kong court proceedings.
Construction Disputes
The Hong Kong courts have established the Technology and Construction List through Practice Direction SL1.2, which provides a dedicated procedural framework for the management of complex construction and engineering disputes in the High Court. This procedure recognises the technical complexity of construction disputes and provides for enhanced case management, the appointment of construction-experienced judges, and procedural mechanisms designed to narrow technical issues and promote settlement. The FIDIC suite of standard form contracts is widely used in major construction projects in Hong Kong and across Asia, and Hong Kong courts have developed significant expertise in the interpretation and application of FIDIC contract terms and the dispute resolution mechanisms embedded within these contracts.
A significant development in Hong Kong's dispute resolution landscape has been the enactment of the Construction Industry Security of Payment Ordinance, Chapter 652, which was gazetted on 27 December 2024 and came into force on 28 August 2025. This statute provides a rapid dispute resolution mechanism for payment claims and disputes arising under construction contracts entered into on or after that date. The Ordinance applies to construction contracts with a main contract value of not less than HKD 5 million and to contracts for the supply of related goods and services with a value of not less than HKD 500,000. The Security of Payment Rules, gazetted on 11 July 2025 and coming into operation on 5 September 2025, establish the practice and procedure for adjudication determinations, including the grounds upon which a determination may be set aside or enforced.
Under the Security of Payment Ordinance, a claiming party may initiate adjudication proceedings within 28 days from the date on which the dispute arises. The adjudicator is required to make a determination within 55 days of appointment, though the parties may agree to an extended period. This rapid timetable reflects the legislative intent to provide swift resolution of payment disputes, ensuring that cash flow is not interrupted during the course of construction work and that disputes do not escalate into protracted litigation. The Ordinance represents a significant modernisation of Hong Kong's construction dispute resolution framework and brings Hong Kong into alignment with security of payment regimes operating in Australia, Singapore, Malaysia and other common law jurisdictions.
Expert Determination
Expert determination provides a mechanism for the swift resolution of technical disputes without the procedural formality or cost associated with arbitration or litigation. The HKIAC administers expert determinations under specified rules and procedures, enabling parties to appoint a single expert to determine disputes concerning technical matters, valuation, quantification of claims, or other specialist issues. Expert determination is particularly valuable in construction disputes where the matter in contention relates to a technical question that does not involve substantial disputed findings of fact or application of law requiring judicial determination. Many construction contracts contain contractual provisions designating expert determination as the appropriate mechanism for resolution of disputes concerning technical performance, quality standards or quantum of claims.
Contemporary Developments
Hong Kong's dispute resolution landscape has experienced significant developments in 2024 and 2025, reflecting both institutional evolution and legislative modernisation. The HKIAC reported a record caseload of 352 arbitration cases administered in 2024, with the total amount in dispute across all arbitrations reaching USD 13.6 billion (HKD 106 billion), demonstrating Hong Kong's continued prominence as an international arbitration seat and the confidence that international parties place in Hong Kong's dispute resolution mechanisms.
The HKIAC has also experienced a significant increase in multi-party and multi-contract disputes, with such cases increasing by over 30 per cent from 2023 to 2024. In response to this trend, the HKIAC published, on 20 January 2025, a Practice Note on Compatibility of Arbitration Clauses under the HKIAC Administered Arbitration Rules, providing guidance on the procedural mechanisms available for the resolution of disputes arising from multiple arbitration agreements and enabling efficient coordination of related disputes. This development reflects the centre's responsiveness to evolving practice requirements and the increasing complexity of international commercial transactions involving multiple parties and contracts.
Hong Kong's position as a bridge between China and the international commercial community has been further enhanced by developments concerning interim measures. In 2024, the HKIAC processed 40 interim measures applications to 21 Chinese Mainland courts, doubling the 19 applications filed in 2023. This increase reflects Hong Kong's strategic advantage for cross-border disputes involving Chinese counterparties and the effectiveness of Hong Kong's mechanisms for securing enforcement of interim measures in Mainland China. The enactment of the Security of Payment Ordinance represents the most significant legislative development, bringing Hong Kong into alignment with international best practice in construction dispute resolution and providing parties with a rapid, accessible mechanism for the resolution of payment disputes in the construction industry.
Hong Kong Expertise
Expert Services International provides dispute resolution services to law firms, parties, contractors, principals and engineers involved in construction and infrastructure disputes in Hong Kong and across Asia. We combine technical expertise in quantum, delay, disruption and construction defects with knowledge of Hong Kong's arbitration framework, mediation procedures and the newly enacted construction adjudication regime under the Security of Payment Ordinance.
Our Expertise
Expert Services International can provide dispute resolution services to parties involved in construction and infrastructure disputes. Our services include acting as arbitrator, expert determiner and mediator. We also provide expert witness reports and testimony addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off.
We prepare claims submissions, expert reports and advocacy for use in arbitration, expert determination, mediation and dispute board proceedings. We can assist parties with the preparation and presentation of claims and defences across all forms of dispute resolution.
Service Scope
Acting as arbitrator in domestic and international arbitration proceedings. We manage all aspects of arbitral procedure, conduct efficient hearings and deliver reasoned awards addressing the issues in dispute in accordance with applicable law and the parties' contractual framework.
Acting as expert determiner under contractual expert determination clauses and institutional rules. Expert determination provides a binding resolution of technical and valuation disputes by a suitably qualified professional, typically within a shorter timeframe than arbitration or litigation.
Preparation of expert reports addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off. We provide expert testimony in arbitration, court proceedings, mediation and expert determination proceedings.
Acting as mediator and providing mediation services to assist parties in reaching a negotiated resolution of disputes. We facilitate structured discussions, assist in identifying common ground and help parties achieve settlement without the need for formal adjudication.
Acting as dispute board member, chairperson or single neutral on major infrastructure projects. Dispute boards provide a standing mechanism for the rapid resolution of disputes during project execution, maintaining familiarity with the project throughout its duration.
Preparation of claims submissions and expert analysis for use in arbitration, expert determination, mediation and dispute board proceedings. We assist parties with the preparation and presentation of claims and defences addressing quantum, delay, disruption and contractual matters.
