Greater Bay Area Arbitration Institutions joined hands in Hong Kong
- Written by Media Outreach
HONG KONG SAR - Media OutReach Newswire - 20 May 2024 - The Guangdong-Hong Kong-Macao Greater Bay Area Arbitration "Going Global" Cooperation and Development Forum, focusing on technological leadership, rule integration, and the annual working conference of the Guangdong-Hong Kong-Macao Greater Bay Area Arbitration Alliance ("Alliance"), was successfully concluded on May 9th at the Conrad, Hong Kong. The event was organized by the Hong Kong Institute of Arbitrators ("HKIArb") and co-hosted by the Nansha International Arbitration Centre of the Guangzhou Arbitration Commission. 14 members of the Alliance in GBA, well-known arbitration legal institutions from the Yangtze River Delta region, the Western Region of China and other foreign countries as well as representatives from the business and academic sectors attended the meeting.
Group photo of the Guangdong-Hong Kong-Macao Greater Bay Area Arbitration "Going Global" Cooperation and Development Forum
The conference was held in the form of "keynote speech + sub-forum". Mr. Kwong Chi-keung, President of HKIArb, delivered the opening speech. The sub-forum "Opportunities and Challenges for the Development of Intelligent Arbitration under the Digital Perspective" was moderated by Wu Xueting, Vice President of the Zhuhai International Arbitration Court, and the sub-forum "Innovative Practices in the Convergence of Arbitration Rules in the Era of Globalization" was moderated by Fan Qijuan, Deputy General Counsel of the Shenzhen Court of International Arbitration. Internationally renowned experts such as Gu Yanning, full-time deputy director and secretary-general of the Nanjing Arbitration Commission, Zhao Yun, a professor at the University of Hong Kong, attended the forum and gave inspiring speeches. At the meeting, the Alliance officially released the "Top Ten Classic Cases and Events" of the Guangdong-Hong Kong-Macao Greater Bay Area Arbitration Alliance in 2023" illustrating the achievements of Hong Kong, Guangzhou, Macau, Shenzhen, Zhuhai, Foshan, Huizhou, Dongguan and Zhaoqing in the development of arbitration practice. 【Advantages of Hong Kong in the Development of Arbitration Cooperation in the Greater Bay Area】 Mr. C. K. Kwong, JP, President of the Hong Kong Institute of Arbitrators, highlighted the role of arbitration in resolving disputes arising from modern cross-border trade and commercial activities in his opening speech. Modern international trade and commercial transactions involve multiple parties and laws of different countries, regions, and jurisdictions. Arbitration can simultaneously handle disputes involving multiple legal systems, and arbitration awards can be recognized and enforced in 172 countries under the New York Convention. Commercial arbitration has become an internationally recognized channel for resolving commercial disputes, and arbitration institutions worldwide have become important components in the system for resolving international business disputes. "Justice delayed is justice denied". "If fairness is the soul of arbitration, efficiency is its lifeline". Achieving a balance between fairness and efficiency is not easy. In the digital environment, the use of artificial intelligence in dispute resolution is a necessary and irreversible trend. However, artificial intelligence cannot replace arbitrators, as the authority and responsibility for making decisions still rest with the arbitrators. This principle is outlined in the Supreme People's Court's Opinion on the Application of Artificial Intelligence in Judicial Practice (Document No. 33 of 2022). The arbitration law reform proposed by President Kwong was enacted as the Hong Kong Arbitration (Amendment) Ordinance 2017. This legislation is the world's first comprehensive statute giving statutory guidance to clearly state that all intellectual property disputes, including the validity of registered intellectual property rights, are arbitrable. It highlights the advantages of using Hong Kong law as the governing law of arbitration agreements and Hong Kong as the seat of arbitration. Subsequently, Singapore made corresponding amendments in 2019. In 2022/2023, the Rules of the European Patent Court also accept that, with the consent of both parties, an arbitral tribunal can issue awards on the validity or invalidity of registered intellectual property rights. This reflects the integration and common characteristics of arbitration laws. China has become a major country in the creation and export of intellectual property. In contracts related to international trade and commerce, the use of Hong Kong law and arbitration as the seat of arbitration can better facilitate Chinese companies in effectively protecting their rights and interests. President Kwong also recommended the book "Hong Kong Arbitration Judgments and Commentaries," co-authored by him and former President Mr. Samuel Wong, which was published by the Hong Kong Institute of Arbitrators in November last...Read more: Greater Bay Area Arbitration Institutions joined hands in Hong Kong

