'HK Should Allow Success-based Fees In Arbitration'

"); jQuery("#212 h3").html("

Related News Programmes

"); });

2021-12-15 HKT 16:13

Share this story

facebook

  • 'HK should allow success-based fees in arbitration'

The Law Reform Commission has called for the lifting of a ban on outcome-related fee structures for arbitration cases "as soon as possible", which would allow clients to pay no or lower lawyer fees unless they win their disputes.

The commission said its proposal on Wednesday was the result of a three-month consultation that received "overwhelmingly supportive responses" for such fee structures.

It recommended that fees based on success should not be more than the normal rates charged by lawyers, while charges linked to damages should have a ceiling of 50 percent of the financial benefit received by the client.

Kathryn Sanger, the co-chair of the commission's subcommittee on the proposal, explained that major jurisdictions for arbitration, including mainland China, England and the United States, allow some form of outcome-related fee structures.

"Hong Kong is one of only two major seats for arbitration, the other being Singapore, that currently prohibits these types of success fees for arbitration," she said, adding that Singapore is also expected to change its law to permit these types of fees as well.

She pointed out that arbitration is getting increasingly popular in resolving disputes that involve different jurisdictions.

"When they are looking where to choose to seat that arbitration, clients are likely to want to seat their arbitration where they have the most flexibility as to how they can structure fee arrangements with their lawyers," she said.

"So the change in circumstances is the need to maintain Hong Kong's competitiveness and attractiveness as a seat for commercial, international arbitration," she said.

The commission also proposed that there should be a cooling-off period of at least seven days that allows the client to terminate the agreement.

RECENT NEWS

Alibaba Invests Over US$50 Billion To Drive AI And Cloud Expansion By 2028

Alibaba Group (9988.HK) revealed plans to invest over 380 billion yuan (US$52.44 billion) into its cloud computing and ... Read more

SFC IOSCO Asia-Pacific Meet-up Sets Roadmap For Sustainable And Secure Capital Markets

The Securities and Futures Commission (SFC) recently participated in a series of dialogues under the International Orga... Read more

WeLab Bank Accelerates AI Deployment With Deepseek To Enhance Efficiency

WeLab Bank has taken a significant step forward in its AI deployment strategy by exploring innovative solutions to enha... Read more

Fusion Bank Completes Core Banking System Migration In 10 Months With Tencent Cloud

Fusion Bank, a licensed digital bank in Hong Kong, has completed its migration to a new core banking system in collabor... Read more

Hong Kong Banks Can Begin Issuing Credit Cards In Mainland China From March 1

Hong Kong banks’ mainland credit cards will soon be available in mainland China, marking a significant step towards d... Read more

SFC Introduces ASPIRe Roadmap To Strengthen Virtual Asset Market In Hong Kong

The Securities and Futures Commission (SFC) outlined 12 key initiatives under the SFC virtual asset ASPIRe roadmap to e... Read more