The Hong Kong Department of Justice has launched a one-month stakeholder consultation on proposed amendments to the Arbitration Ordinance (Cap. 609), with submissions invited until 27 October 2026. The consultation forms part of the Government’s ongoing efforts to review and modernise Hong Kong’s arbitration framework and further strengthen the city’s position as a leading international arbitration centre.
According to the Department of Justice, the proposed reforms arise from recommendations made by the Working Group on Arbitration Law Reform and cover 25 issues grouped into four broad themes: (1) speed and convenience; (2) confidentiality; (3) scope of arbitration; and (4) fairness and justice. The Department has stated that the review is guided by principles including efficiency, party autonomy, procedural fairness, confidentiality and ensuring that Hong Kong’s legislative framework remains aligned with international developments and best practice.
The consultation paper is being circulated to a broad range of stakeholders, including legal and professional bodies, arbitral institutions, academics, chambers of commerce and commercial users of arbitration services. Following the consultation, the Government intends to introduce amendment legislation into the Legislative Council in early 2027.
“Leading arbitration jurisdictions must continue to evolve in response to changes in international commerce and dispute resolution practice. The proposed review reflects Hong Kong’s commitment to regularly assessing its legislative framework and ensuring that it remains competitive, relevant and responsive to the needs of arbitration users.” Jeremy Bartlett SC, Prince’s Chambers, Vice Chairman, HKBA Arbitration Committee, Member, ICC Hong Kong Standing Committee on Arbitration & ADR
What could this mean for arbitration users?
While the detailed proposals will require careful review once the consultation materials are published, the initiative is notable for its breadth and the Government’s stated focus on maintaining Hong Kong’s competitiveness as an arbitral seat.
For businesses, in-house counsel and dispute resolution practitioners, the consultation presents an opportunity to consider whether the current legislative framework appropriately balances:
- Efficiency and procedural flexibility
- Confidentiality and transparency
- Finality of awards and access to remedies
- The evolving needs of international commerce and dispute resolution
Many users of arbitration will be interested to see how the proposed amendments compare with developments in other leading arbitration jurisdictions across Asia and internationally.
Stakeholder engagement
As Vice Chairman of the Hong Kong Bar Association’s Arbitration Committee (alongside Olga Boltenko) and a member of the ICC Hong Kong Standing Committee on Arbitration & ADR, Jeremy Bartlett SC will be reviewing and providing input on the Consultation Paper as part of a working group on behalf of the HKBA and will also contribute from the perspective of the ICC Standing Committee.
The consultation period closes on 27 October 2026, and stakeholders involved in arbitration or dispute resolution may wish to review the proposals carefully and consider whether to make submissions to the Department of Justice.
More information can be found here.
