HK’s legal expertise to shine globally
Leading barrister: Arbitration bodies, rule of law key factors in city’s success
Victor Dawes, chairman of the Hong Kong Bar Association — which represents the city’s 1,600 barristers — expressed his confidence in Hong Kong’s strength in arbitration, as the city brings together top-notch arbitration bodies, experienced arbitrators, and a unique common law system within the country.
In an exclusive interview with China Daily on Friday, Dawes also emphasized the need for Hong Kong and the mainland to collaborate on professional training to cultivate legal experts with knowledge of both mainland and common law jurisdiction.
“If you look at the total quantity of cases, the nature of the claims and the jurisdictions involved in the revenue dispute, it is beyond doubt that Hong Kong is one of the leading arbitration centers around the world,” Dawes said.
In 2023, the Hong Kong International Arbitration Centre received 500 cases, including 281 arbitrations. About 75 percent of arbitration cases involved more than one nonlocal party.
The London Court of International Arbitration, another major international arbitration body, logged 333 referrals in 2022, including 293 for arbitration.
Among the administered arbitrations that began in the HKIAC in 2023, 83 percent were conducted in English, 12 percent in Chinese, and 5 percent in both languages.
Dawes said Hong Kong’s advantages in terms of arbitration and dispute solutions cannot be replaced, as the city offers a wide range of facilities and technical support to the parties involved in arbitration.
In addition to the HKIAC, there are other arbitral bodies in Hong Kong, such as the recently established Hong Kong office of the Shanghai International Arbitration Center, he added.
Dawes also praised the city’s diverse talent pool, welcoming arbitrators and legal professionals from different jurisdictions.
Many young lawyers in the city are of a very high standard and truly bilingual, he said. “They can speak and write Chinese as well as conduct proceedings in English,” Dawes said.
As of November, Hong Kong had over 1,300 practicing solicitors, 1,664 barristers, and more than 1,000 law firms. Dawes also pointed out that the membership of the Bar Association has continued to grow over the past 15 years.
The city just concluded Meditation Week 2024 in early May, featuring a host of world-class events such as the 26th International Council for Commercial Arbitration Congress. He expressed confidence that the positive experiences of attendees would encourage them to return to Hong Kong and share their observations with others.
The support of local courts is an integral part of the city’s status as an Asia-Pacific arbitration center, Dawes said.
Although the arbitration itself is conducted privately, the court plays a supervisory role, he said. The international community has strong confidence in Hong Kong’s rule of law when dealing with arbitration-related court cases, he added.
Greater connections
Dawes emphasized the importance of continuous collaboration with the mainland to enhance Hong Kong’s arbitration capabilities. With an increasing number of disputes involving mainland elements or mainland entities, he said he believes that working together will benefit the city’s future arbitral prowess.
In an effort to equip mainland lawyers with common law knowledge, the Bar Association has resumed its common law program with Peking University and has established a new course in Shanghai with East China University of Political Science and Law.
He said mainland lawyers familiar with the common law system can offer strong support to Hong Kong’s legal community, with their edge on business practices, mainland law, and communication skills.
The learning should be a two-way process, he noted, adding that local lawyers also need to promptly study the legal system on the mainland to explore more opportunities.
During Dawes’ visit to Chengdu, Sichuan province, in April, the Bar Association signed a tripartite cooperation agreement with the Tianfu New Area — a State-level pilot development district — and the Chengdu Lawyers Association on training legal professionals.
The Bar Association also hosted a moot hearing with the Sichuan branch of the China Council for the Promotion of International Trade. The event attracted over 4,000 online and offline viewers across the country.
Dawes said he believes that interacting with the legal communities in different parts of the country is conducive to Hong Kong’s legal development, with Chengdu being a pivotal hub for the Bar Association to collaborate with legal professionals in western China.
Dawes also invites mainland businesspeople to Hong Kong to learn more about the city and its common law heritage.
Hong Kong’s unique role in arbitration extends beyond the country, and the city’s lawyers are ready to provide legal aid to mainland enterprises expanding into overseas markets, he said.