Hong Kong: a seat for resolving India-related disputes?

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Indian parties have real choice when considering arbitral venues in Asia now that the Indian government has opened the doors to arbitration in Hong Kong, say Chiann Bao and Kiran Sanghera at the Hong Kong International Arbitration Centre.

On 19 March, the Indian government’s official gazette formally notified China – which includes the Special Administrative Region of Hong Kong – as a New York Convention jurisdiction, opening the doors for Hong Kong-rendered awards to be recognized and enforced in India. This historic development, which removes any doubts about Hong Kong as a viable seat of arbitration for disputes with an Indian nexus, is already making Indian parties think about Hong Kong as an attractive alternative for arbitration in Asia.

Growing trade

This development comes at a crucial time as trade between India and China recently reached unprecedented levels. In just one year, from 2010 to 2011, trade between the two nations grew from US$61.7 billion to a record US$73.9 billion. With both governments committed to promoting and facilitating this growth, bilateral trade talks were initiated in late 2011 through the inaugural India-China Strategic Economic Dialogue. Both governments have agreed to a US$100 billion bilateral trade target for 2015, but given the rapid pace of trade in recent years, it is widely expected that this target will be met as early as 2013.

Chiann Bao
Chiann Bao

As deepening economic ties between China and India help to align their individual interests, parties to Sino-Indian disputes are beginning to consider convenience, reliability and expertise when selecting a seat for international arbitration. In this regard, Hong Kong stands out as a highly appealing venue for Sino-Indian disputes. Seated at the crossroads of trade between China and India, it is well located to act as a convenient meeting point while also offering a sophisticated, pro-arbitration legislative and judicial framework that makes it attractive to parties from across the globe.

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Chiann Bao is the secretary-general of the Hong Kong International Arbitration Centre, where Kiran Sanghera is a counsel.

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