The Ordinance gives the force of law to provisions of the UNCITRAL Model Law that are expressly stated within it. For example, incorporates Article 21 regarding the commencement of proceedings but adds a specific requirement that the request for arbitration must be made in written form . 2. Interim Measures (Sections 35 & 45)
: In KL v PT (2018) , the Hong Kong Court of First Instance (CFI) held that a challenge to the existence of the main contract (fraud) did not automatically impeach the arbitration clause. Annotations by Prof. Shahla Ali note that Hong Kong’s courts lean harder into upholding separability than even some Model Law jurisdictions, provided the clause is broadly drafted. The Ordinance gives the force of law to
As of 2025, the legislative agenda for the Hong Kong Arbitration Ordinance includes potential amendments regarding (post-COVID permanent provisions) and cryptocurrency arbitration (whether crypto assets are "property" for the purpose of interim measures). Interim Measures (Sections 35 & 45) : In
: Section 35 adopts Article 17 of the Model Law, defining the scope of interim measures an arbitral tribunal may grant. As of 2025, the legislative agenda for the
Unlike many other jurisdictions, Hong Kong statutorily codified the principle of confidentiality in Sections 17 and 18. The commentary provides a forensic examination of these sections, delineating the scope of the obligation and the exceptions. It analyzes the landmark cases that have shaped the doctrine of confidentiality, distinguishing between "privacy" (the conduct of the hearing) and "confidentiality" (the use of information). This section of the book is frequently cited in disputes regarding the disclosure of arbitration materials in related court proceedings.