EXPERT INSIGHT 46 WWW.LAWYER-MONTHLY.COM | AUG 2022 its amendment adopted in 2006. It states clearly the role of Hong Kong court in supporting and supervising arbitration. It is worth noting that there is also the specialist Construction and Arbitration List of the Hong Kong’s Court of First Instance (CFI), which is a mechanism by which all construction litigation or arbitration-related litigation (such as applications for interim measures, enforcement actions, etc.) are referred to a dedicated judge in charge of the list. The Hong Kong court has since demonstrated itself to be independent and adopted a pro-arbitration approach in its judgements. The pro-arbitration approach is affirmed in the Court of Final Appeal decision Xiamen Xinjingdi Group Co Ltd v Eton Properties Limited & Ors. HKCFA (2020). Arbitration in Hong Kong therefore takes the lion’s share of construction disputes because of the efficacy of arbitration and rule of law in the city. The ADR scene in the Hong Kong construction sector also encompasses a range of other ADR methods, such as negotiation, conciliation, mediation, adjudication, expert determination, or a hybrid mode in dealing with construction disputes. Other specific forms, intended for dispute avoidance, are the Dispute Review Boards (DRB) that was piloted for the airport core programme in the 1990s and the Dispute Resolution Advisor (DRA) that is implemented in public projects. Since the Civil Justice Reform in 2008, followed by the enactment of Mediation Ordinance (Cap. 620) in 2013, mediation of construction disputes has since gained in popularity because mediation is legislated as a process ancillary to the Hong Kong court process. Following the 2018 Singapore Convention, mediation has taken a larger share as a preferred form of ADR for resolving construction disputes prior to instigating the arbitration process. This has been incorporated in dispute resolution provisions in various standard forms of contract. What should parties and legal counsel keep in mind when opting to address a construction dispute through ADR? When considering ADR options, parties should work closely with their legal Following the 2018 Singapore Convention, mediation has taken a larger share as a preferred form of ADR for resolving construction disputes prior to instigating the arbitration process.
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