Hong Kong to launch international commercial court to strengthen dispute resolution reputation

Hong King’s judiciary confirmed it was planning to develop the HKICC as a specialist division of the city’s High Court, based in the same building and providing decisions on complex international disputes.

Local judges with significant commercial law experience sit on the international court, with senior judges or practitioners common law jurisdictions also to be invited to sit on an ad hoc basis.  Experts and assessors will also be engaged where necessary to assist in specialised areas.

Mohammed Talib, a disputes expert with Pinsent Masons in Hong Kong, said the establishment of the new international commercial court in Hong Kong would enhance confidence among international parties in the city’s dispute resolution framework.

“Hong Kong’s appeal to international parties rests on its positive business environment, role as a super connector with both mainland China and the world as well as its modern arbitration system and common law litigation framework.” He explained.

“The introduction of a specialist international commercial court will further strengthen that offering and reinforce confidence in Hong Kong as a forum for resolving complex cross‑border disputes.”

Under the plans, a dedicated practice direction will be issued for the HKICC to define its jurisdiction and court procedures, including new measures to streamline litigation, ensure timely disposal of cases and provide a more flexible approach for appeals, drawing on lessons from other, similar facilities overseas.

Its creation comes in response to increasing demand for specialist judicial requirements arising from the significant growth in international and cross-border commercial activities in Hong King in recent years, and is intended to complement the city’s existing dispute resolution framework, with the Honk Kong judiciary saying it aims to establish the HKICC within the next year.

It follows increasing demands for specialist international dispute resolution in the region, with Singapore having built on its own court to handle prescribed international jurisdictions, and Bahrain having launched its own international commercial court last year.

Talib said the emergence of international commercial courts such as the new Hong Kong facility represented a broader global trend towards specialist forums for resolving cross-border disputes.

“Designed to meet demand for transnational litigation, the SICC and other international commercial courts offer a neutral forum and contribute to the development of commercial law through their reasoned judgments,” he said.

“In this context, the creation of the Hong Kong International Commercial Court reflects a similar trajectory and is likely to further enhance Hong Kong’s appeal to international parties."