The Hong Kong International Arbitration Centre (HKIAC) announced this week that its Hong Kong Mediation Council (HKMC) will administer investment disputes between a Mainland Chinese investor and the Government of Hong Kong in accordance with 2017’s Investment Agreement under the Mainland and Hong Kong Closer Economic Partnership Arrangement (“Investment Agreement”). The Investment Agreement encourages investment activity between Mainland China and Hong Kong, but also contains significant protections and obligations for both sides.

The Investment Agreement embraces multiple dispute resolution mechanisms, including mediation by a mediation institution previously designated by the host government and agreed to by the other government. The Government of Hong Kong has now designated HKIAC-HKMC, as one of two institutions, to administer disputes for an initial period of two years. Individual mediators will be appointed from a list of designated mediators and HKMC will ensure that the mediations are conducted according to the set of mediation rules produced by Hong Kong’s Department of Justice.

HKIAC is a leader in commercial arbitration disputes; it is also currently administering two investment treaty arbitrations pursuant to the UNCITRAL Arbitration Rules.

2019-01-30T00:41:32+00:00

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