Hong Kong’s Pro-arbitration Framework: A Gateway to Efficient Award Enforcement
Hong Kong’s reputation as a pro-arbitration hub is well-earned, with courts seldom refusing to enforce arbitral awards. However, procedural challenges can arise even in this enforcement-friendly jurisdiction. In a recent order by the Hong Kong High Court, YTL LLP secured the Court’s leave to enforce an arbitral award despite the absence of the original arbitration agreement—a scenario increasingly common in today’s digital-first business environment.
The Challenge: Lost Originals & Section 88 of the Arbitration Ordinance
Under Section 88 of Hong Kong’s Arbitration Ordinance (Cap 609), enforcing a foreign award requires submitting the original arbitration agreement or a certified true copy. Yet, many businesses retain only electronic contracts (including the arbitration agreement embedded therein), heightening risks if disputes arise years later.
Our Solutions
When our client could not locate the original agreement, we leveraged on a certified true copy of the Notice of Arbitration — a document issued by the opposing party that annexed a copy of the arbitration agreement. The key argument is that the Notice of Arbitration is of undisputed authenticity: Both parties had relied on the copy of the arbitration agreement throughout arbitration proceedings.
Why This Matters for Your Business
This outcome highlights critical takeaways for companies:
- Record-Keeping: Ensure contracts and arbitration agreements are securely archived and easily retrievable.
- Proactive Enforcement Strategies: Missing documents need not derail enforcement—alternate method may suffice.
- Hong Kong’s Flexibility: Courts may be prepared to accept alternatives to overcome certain procedural hurdles.
Your Partner in Complex Arbitration Enforcement
Our team combines deep knowledge of the Hong Kong’s Arbitration Ordinance with creative problem-solving solutions to overcome enforcement hurdles. Whether navigating lost agreements, jurisdictional challenges, or resisting enforcement defences, we deliver results.
Key Services:
- Enforcement of domestic and international arbitral awards
- Strategic advice on arbitration agreement drafting
- Defence against challenges to award enforcement
- Contract management advisory to mitigate future risks
Contact Us Today
Facing challenges in enforcing an award? Let YTL LLP turn obstacles into opportunities. Schedule a consultation with us to protect your rights and leverage Hong Kong’s pro-arbitration framework.
Tiffany Lee, Of Counsel
tiffanylee@hkytl.com; +852 3468 7038
James Yeung, Partner
jamesyeung@hkytl.com; +852 3468 7203
This article is introductory in nature. Its content is current at the date of publication. It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice based on your specific circumstances before taking any action relating to matters covered by this article. Some information may have been obtained from external sources, and we cannot guarantee the accuracy or currency of any such information.
