Hong Kong consults on proposed arbitration law changes and confidentiality rules

Hong Kong’s Department of Justice is consulting on proposed changes to the Arbitration Ordinance that could alter how awards are issued, challenged and enforced. The recommendations include recognising electronic awards and signatures, and allowing tribunals to deal more quickly with plainly weak or jurisdictionally improper matters. They remain proposals, not changes already in force.

The consultation follows a review by the Working Group on Arbitration Law Reform, established in October 2025. The group examined 25 issues and the Department of Justice is proposing specific amendments in 14 of them. The issues have been organised under four headings: speed and convenience, confidentiality, scope, and fairness and justice.

On procedure, the working group proposed allowing an arbitral tribunal to decide summarily when a matter, claim or defence plainly lacks merit or clearly exceeds the tribunal’s jurisdiction. It also recommended recognising and enforcing electronic arbitral awards and electronic signatures.

The proposals would also set a default for the law governing an arbitration agreement. Unless the parties expressly agree otherwise, that law would be the law of the seat of arbitration. Separately, the working group recommended clarifying and strengthening the statutory confidentiality framework under section 18 of the ordinance.

For challenges to awards, the group proposed extending the time limit for applications to set aside an award where fraud or corruption is involved. It also proposed that, if the first-instance court refuses leave to appeal a decision on setting aside or enforcing an award, the party could apply again for leave to appeal to the appellate court.

The Department of Justice said the changes would support Hong Kong’s competitiveness as an international arbitration centre. After considering responses, it plans to submit an amendment bill to the Legislative Council early in 2027 and aims to complete the work within that year. Legal, arbitration and commercial users have until 27 October 2026 to submit views.