Adjudication: Temporary Binding and Tiered Dispute Resolution in Construction and Engineering: Hong Kong Experience |
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Authors: | Timothy Hill Colin J Wall |
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Affiliation: | 1Partner, Hong Kong, Lovells International Law Firm, 23/F Cheung Kong Center, 2 Queen’s Rd. Central, Hong Kong. E-mail: timothy.hill@lovells.com 2Formerly, President, Chartered Institute of Arbitrators and Managing Director, Commercial, Mediation and Arbitration Services Ltd, Suite 1206 Workingview Building, 21 Yiu Wa St., Causeway Bay, Hong Kong. E-mail: colin_wall@cmasl.com
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Abstract: | Hong Kong (under the “One Country Two Systems” Policy, Hong Kong, although an administrative region of the PRC operates a separate legal system, whose roots lie in the English common law system) has a justified reputation for being at the forefront of developments in techniques to avoid and resolve disputes in the construction industry. This is illustrated by the adoption of the UNITRCAL Model Law by the Arbitration (Amendment) Ordinance 1996, specific powers given to Arbitral Tribunals under the Arbitration Ordinance (Cap. 341) including powers to consolidate, and the development of the dispute resolution adviser system. See the genesis, development and future use of the dispute resolution adviser system by Colin J Wall, Hong Kong Society of Construction Law dated November 17, 2004]. However, it has not, to date, seen the widespread adoption of adjudication as a means of resolving disputes. This article examines the history of the use of adjudication in Hong Kong, current trends, and offers some possible reasons for the limited adoption of adjudication. |
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Keywords: | Construction industry Legal factors Dispute resolution Hong Kong |
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