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Dispute Resolution Agreement for Hong Kong

Dispute Resolution Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes the framework and procedures for resolving disputes between parties. The document typically implements a multi-tiered dispute resolution mechanism, incorporating negotiation, mediation, and arbitration processes. It aligns with Hong Kong's Arbitration Ordinance (Cap. 609) and Mediation Ordinance (Cap. 620), ensuring enforceability both locally and internationally through Hong Kong's connection to the New York Convention. The agreement includes detailed provisions for each dispute resolution stage, confidentiality requirements, cost allocation, and enforcement mechanisms, making it suitable for both domestic and international commercial relationships.

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Dispute Resolution Agreement

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What is a Dispute Resolution Agreement?

The Dispute Resolution Agreement serves as a crucial legal framework for managing potential conflicts in commercial relationships under Hong Kong law. It is typically used when parties wish to establish clear, predetermined procedures for resolving disputes outside of traditional court litigation. The agreement encompasses various resolution methods, from informal negotiation to formal arbitration, and is particularly valuable in Hong Kong's international business environment where efficient dispute resolution is essential. This document reflects Hong Kong's status as a leading arbitration hub in Asia and incorporates provisions that align with both local legislation and international conventions. It's commonly implemented in new business relationships or can be added to existing commercial arrangements where parties seek to establish or update their dispute resolution procedures.

What sections should be included in a Dispute Resolution Agreement?

1. Parties: Identification of all parties entering into the agreement, including their full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, relationship between the parties, and purpose of establishing dispute resolution procedures

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Scope of Agreement: Types of disputes covered by the agreement and any specific exclusions

5. Negotiation Process: First tier of dispute resolution - procedures and timeframes for good faith negotiations between parties

6. Mediation Procedure: Second tier - detailed process for mediation, including mediator appointment and conduct of mediation

7. Arbitration Procedure: Final tier - comprehensive arbitration provisions including seat, rules, number of arbitrators, and language

8. Governing Law: Specification of Hong Kong law as governing law and relevant jurisdiction clauses

9. Confidentiality: Obligations regarding confidentiality of dispute resolution proceedings and related communications

10. Costs: Allocation of costs for different dispute resolution processes

11. Notices: Format and procedure for serving notices under the agreement

12. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Dispute Resolution Agreement?

1. Emergency Relief: Procedures for seeking emergency interim relief, typically used in agreements involving time-sensitive matters or potential irreparable harm

2. Expert Determination: Optional procedure for technical disputes requiring expert determination, commonly used in construction or technology agreements

3. Multi-Party Provisions: Special provisions for disputes involving multiple parties, recommended when more than two parties are involved

4. Carve-Outs: Specific types of disputes or remedies excluded from the general dispute resolution process, used when certain matters need different treatment

5. Industry-Specific Provisions: Special provisions relevant to specific industries (e.g., construction, maritime, financial services)

6. Appeal Procedure: Optional provisions for appeals against arbitral awards, typically only included in high-value or complex agreements

7. Med-Arb Provisions: Specific provisions for hybrid mediation-arbitration procedures, useful in complex commercial relationships

What schedules should be included in a Dispute Resolution Agreement?

1. Schedule 1: Notice Forms: Standard forms for initiating different stages of dispute resolution

2. Schedule 2: Mediation Procedure: Detailed rules and procedures for the conduct of mediation

3. Schedule 3: Arbitration Rules: Specific arbitration rules incorporated by reference or modified for the agreement

4. Schedule 4: Fee Schedule: Schedule of fees and costs for different dispute resolution processes

5. Schedule 5: Timeframe Overview: Summary of all time limits and deadlines in the dispute resolution process

6. Appendix A: Model Clauses: Standard clauses for incorporation into related agreements

7. Appendix B: Code of Conduct: Ethical guidelines for parties during dispute resolution proceedings

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Construction

Manufacturing

Technology

E-commerce

Telecommunications

Professional Services

Maritime and Shipping

International Trade

Retail

Healthcare

Education

Energy

Infrastructure

Hospitality

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Business Development

Operations

Corporate Secretarial

Contracts Administration

Executive Leadership

Project Management

Relevant Roles

Chief Legal Officer

General Counsel

Legal Director

Commercial Director

Contract Manager

Legal Counsel

Compliance Officer

Risk Manager

Business Development Director

Chief Executive Officer

Chief Operating Officer

Project Manager

Company Secretary

Head of Legal

Senior Legal Counsel

Arbitration Specialist

Dispute Resolution Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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