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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
Hong Kong
The following types of dispute are not arbitrable:

  • actions in rem against ships;
  • criminal cases;
  • competition and antitrust disputes;
  • divorce proceedings;
  • guardianship applications; and
  • matters reserved for resolution by state agencies and tribunals (eg, taxation, immigration and national welfare entitlements).
For more information about this answer please contact: Nick Gall from Gall
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Hong Kong
There is no default seat requirement under the Arbitration Ordinance (AO). The parties are free to agree on the place of arbitration (Section 48 of the AO, adopting Article 20 of the Model Law). Failing such agreement, the place of arbitration will be determined by the tribunal having regard to the circumstances of the case, including the convenience of the parties.

For more information about this answer please contact: Nick Gall from Gall
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