Hong Kong Arbitration Practical Guide

Author: Mo Shi
Publisher:
Publish Date: 2004-05-01
Features: Arbitration is an alternative means of dispute resolution. It may seem counterintuitive, but one of the criteria for a successful arbitration is its ability to withstand challenges in court, whether against the arbitral award or the arbitrator. The courts in Hong Kong often decide on the appealability, enforcement, or revocation of arbitral awards, as well as the dismissal of litigation due to the existence of an arbitration agreement, thus providing an opportunity to examine arbitration and its participants. It is encouraging that the "non-intervention" and "party autonomy" principles required by the Arbitration Ordinance are applied reasonably in practice. Hong Kong has become one of the most important and most respected arbitration centers in the world. Who else but the court is qualified to judge right from wrong? This has long become history. Although conflicts have arisen in most places, arbitration has become a more independent and genuine alternative means of dispute resolution, especially for commercial disputes. However, understanding the practices and procedures of arbitration, as well as the relationship between arbitration and courts, can often be challenging. It is crucial to familiarize oneself with the relevant laws, international treaties, and case law.
Dr. Mo Shi is an internationally renowned lawyer and partner at Freshfields Bruckhaus Deringer. He graduated from Harvard Law School (LL.D.), Columbia University (Ph.D.), and Georgetown University (B.S.F.S.) and is a practicing lawyer in New York State and the District of Columbia. Since 1980, Dr. Mo has provided legal advice to foreign companies engaged in business activities in China. He has lived in Hong Kong and Beijing for over two decades. His practice areas include direct investment, large-scale projects, mergers and acquisitions, international arbitration, and alternative dispute resolution. He frequently serves as an arbitrator, mediator, and lawyer in commercial dispute cases between foreign and Chinese or other Asian parties.
Dr. Mo Shi is an experienced arbitrator, mediator, and lawyer who has participated in over 100 international dispute cases, both ad hoc (e.g., under the UNCITRAL Arbitration Rules) and institutional (including under the ICC Arbitration Rules, AAA Arbitration Rules, SIAC Arbitration Rules, Stockholm Chamber of Commerce Arbitration Rules, CIETAC Arbitration Rules, and other arbitration rules). Dr. Mo Shi is an arbitrator of the CIETAC and the only foreign arbitrator appointed to serve in China. He has been appointed as an arbitrator by multiple arbitration institutions, including: CIETAC; China Securities Regulatory Commission; Beijing Arbitration Association; Hong Kong International Arbitration Centre (HKIAC); Chartered Mediators and Arbitrators Association (East Asia Chapter); American Arbitration Association (AAA); Singapore International Arbitration Centre (SIAC); Australian International Commercial Arbitration Centre (AICAC); British Columbia International Commercial Arbitration Centre (BCIAC); Indian Council of Arbitration; Federal Economic Committee of Austria International Arbitration Centre; Cairo Regional International Commercial Arbitration Centre; Geneva Commercial Arbitration Committee of the World Intellectual Property Organization (WIPO); and is a senior member of the London and Hong Kong Arbitrator Association of the Chartered Mediators and Arbitrators Association.
Dr. Mo Shi is listed in Who's Who in the World and Chambers World's Top 500 Lawyers, and has been recommended by Asia Pacific Legal 500 as one of the top 500 lawyers in Asia. The Global Handbook of Dispute Resolution Lawyers (2003-04) states: "When it comes to disputes involving China, Dr. Mo Shi has always been one of the most outstanding in his field."
Dr. Mo Shi has written extensively on Chinese law, including: Hong Kong Arbitration: A User's Guide (Kluwer Law International, 2004); Arbitration in Asia (Butterworths, 2001); International Arbitration in the People's Republic of China: Commentary, Cases and Materials (Butterworths, 1995, revised 2000); Hong Kong and China Arbitration (Butterworths, 1994); Foreign Trade, Investment and the Law in the People's Republic of China (Oxford University Press, 1984, reprinted 1987); The China Tax Guide (Oxford University Press, 1987, reprinted 1993, revised 1999); and The China Business Law Guide (CCH, 1990).
Dr. Mo Shi serves as an advisory editor for World Arbitration and Mediation Report and is a member of the editorial board of China Legal Yearbook and Pacific Rim Law and Policy Journal.