Alternative Dispute Resolution
Besides litigation, arbitration is an effect means of dispute resolution. Commercial disputes can be resolved in an efficient, flexible, confidential and fair manner. The decision of the arbitrator (arbitral award) is final and legally binding and can only be challenged in exceptional circumstances.
In international arbitrations, barristers are involved either as legal representatives acting for one of the parties or as arbitrators. Barristers are specialist advocates who are trained to present a case before courts or arbitral tribunals. They have particular expertise in presenting a case both orally and in written submission. With the common law training, Hong Kong barristers are conversant with the handling of evidence and procedural matters that are more and more important in international arbitrations. Barristers are also legal experts, they are instructed by solicitors to give expert legal advice.
Although none of the arbitration rules require an arbitrator to have legal qualifications, in practice most enterprises favour the appointment of barristers as arbitrators as the arbitration process usually involves important legal issues such as jurisdiction and contract interpretation, and the decision is legally binding to all parties.
According to Chapter 13 of the Code of Conduct of the Hong Kong Bar Association, [1] a practising barrister may accept instructions from any person qualified as practising as a foreign lawyer or from mainland clients for professional work for the purpose of, or in connection with any international arbitration proceedings in Hong Kong, as long as the proceedings does not involve pre-existing, ongoing litigation and local arbitration in Hong Kong.
