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Dispute resolution professionals specialising in resolving international financial and investor-state disputes

Transactional lawyers, in particular, those from developing Belt and Road countries, with specialised knowledge of and experience in cross-border transactions from investing or host states

Legal and dispute resolution services
Detailed Descriptions
Latest Position and Perspective in Hong Kong

High development potentials in Hong Kong given its position as an international dispute resolution services centre

Hong Kong can further develop its potential in provision of international legal and dispute resolution services for jurisdictions from the Belt and Road Initiative and the Guangdong-Hong Kong-Macao Bay Area Development. Specialised legal and dispute resolution services providers who are specialising in resolving financial and investor-state disputes are much needed to help enhance Hong Kong’s position as an international dispute resolution services centre.

The Government has been encouraging transactional lawyers from the Belt and Road countries or the Guangdong-Hong Kong-Macao Bay Area jurisdictions, especially those acting for businesses who will set up their corporate vehicles in Hong Kong for their inbound or outbound investments, to be familiar with Hong Kong. This will increase the chances of Hong Kong being designated as the seat of arbitration and Hong Kong law being designated as the applicable law, and thus enhancing Hong Kong’s position in the international legal community and benefitting the local legal and dispute service providers.

Description of Tasks

Dispute resolution professionals specialising in resolving international financial and investor-state disputes, including Arbitrators who are neutral parties with expertise in rendering final and binding decisions at the conclusion of arbitral proceedings; Mediators who are impartial individuals, without adjudicating a dispute, with expertise in assisting the parties to the dispute to reach a negotiated settlement

Transactional lawyers from outside Hong Kong possessing specialised knowledge of and experience in cross-border transactions in which their countries or jurisdictions play the roles of investing or host states, who are in the best position to advise their clients on the applicable law of contracts and seat of arbitration.

Typical Qualifications
Dispute resolution professionals:

Specialised arbitrators or mediators with multilingual ability who have been appointed to resolve international financial disputes or investment disputes between investors and host states.

The arbitrators or mediators must have given awards or have facilitated parties to reach settlement agreements in 3 or more cases in the above specialised areas in the past 3 years.

Transactional lawyers:
(i) A person of good standing in his/her foreign jurisdiction in which he/she is qualified to practise law;
(ii) He/she is a fit and proper person to be registered as a foreign lawyer in Hong Kong by the Law Society of Hong Kong or employed as in-house counsel of companies in Hong Kong
(iii) He/she has at least 8 years post qualification experience as a legal practitioner in any jurisdiction and holds a current practising certificate in his/her home jurisdiction;
(iv) He/she has 5 years or more specialised experience in advising corporate clients to conduct cross-border transactions in which his/her country or jurisdiction plays the role of investing or host state (e.g. debt and/or equity capital market transactions, merger and acquisitions and cross-border finance ); and
(v) Priority will be given to nationals of those countries along the Belt and Road routes which are considered developing countries by the World Trade Organization (“WTO”).
Enquiry on the Profession

Department of Justice
Email: dojinfo@doj.gov.hk

Hong Kong's Legal Services