Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - THE ARBITRATION ORDINANCE OF HONG KONG: A COMMENTARY
THE ARBITRATION ORDINANCE OF HONG KONG: A COMMENTARY. Robert Morgan, B.A., LL.M., F.C.I. Arb., F.S.I. Arb., A.M.A.E., F.R.S.A., Barrister (G.I.), Senior Consultant, Hellings Morgan Associates, Hong Kong. Butterworths, Singapore, Hong Kong, Malaysia (1997) cv and 649 pp., plus 257 pp. Appendices and 16 pp. Index; plus 1st Supplement (1997) xiii and 212 pp; 2nd Supplement (on the Rules of the Appointment of Arbitrators promulgated by the Hong Hong International Arbitration Centre) to be supplied free on publication. Hardback (main vol.); paperback (supplement).
Hong Kong is a most interesting jurisdiction in terms of the law of arbitration, especially for English lawyers. Although its Arbitration Ordinances were essentially based on the English arbitration statutes it was always open to improvement and innovation. Thus many reforms only achieved in England through the Arbitration Act 1996 were anticipated in Hong Kong, while Hong Kong adopted the UNCITRAL Model Law on International Commercial Arbitration as early as 1989, and a substantial jurisprudence has now been built up. More recently, substantial reform of the Arbitration Ordinance has been achieved by amending legislation in 1996 which came into force in 1997. That reform makes substantial improvements to both the domestic law of arbitration and the Model Law, as well as beginning a process of harmonization of the regimes governing domestic and international arbitrations. Particular attention was paid in the process of drafting this legislation to developments elsewhere, particularly legislative developments, including what became the English Arbitration Act of 1996.
Mr Morgan’s book is thus timely. In fact it might be described as ahead of its time, as it concentrates primarily on the Arbitration Ordinance prior to its amendment by the Arbitration (Amendment) Ordinance 1996. Thus, the book requires to be read with care, as the reader may come
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