Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
International Arbitration
Arbitrability and restrictions on arbitration
How is it determined whether a dispute is arbitrable in your jurisdiction?
Hong Kong

Answer ... 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
Are there any restrictions on the choice of seat of arbitration for certain disputes?
Hong Kong

Answer ... 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
International Arbitration