The Judiciary today announced its plan to establish the Hong Kong International Commercial Court (HKICC), a specialist division of the High Court, to adjudicate complex, high-value international and cross-boundary commercial disputes.
Its establishment is designed to strengthen Hong Kong’s standing as both an international financial centre and a leading international dispute resolution hub, in alignment with the National 15th Five-Year Plan.
The Judiciary said the HKICC’s establishment marks a significant development in Hong Kong’s judicial system under the “one country, two systems” principle and comes in response to increasing demand for a specialist judicial forum dedicated to addressing the legal and factual complexities arising from the significant growth in international and cross-border commercial activities in recent years.
It said the resolution of such disputes requires specialist judicial expertise, as well as tailored court procedures and practices to enhance flexibility and efficiency. The HKICC is designed to meet these needs, while maintaining the core values and safeguards of Hong Kong’s legal system, which is firmly rooted in the common law.
The HKICC will complement Hong Kong’s existing dispute resolution framework. Besides arbitration and mediation, the HKICC will provide parties engaged in international and cross-boundary commerce with a comprehensive range of dispute resolution options.
It promises transparency, authoritative judicial determinations, a structured appellate process, and the certainty of enforceable judgments, including their recognition and enforcement on the Mainland under relevant two-way arrangements.
Local judges with substantial experience in commercial law will sit on the HKICC. Eminent senior judges or practitioners from other common law jurisdictions may also be invited to sit on an ad hoc basis in accordance with the existing legal framework. Assessors and experts may be engaged, where appropriate, to assist the judges in specialised areas. It is anticipated these arrangements will enhance the HKICC’s expertise and international standing, and promote the development of its jurisprudence in line with international best practices, while remaining solidly based on Hong Kong law.
The High Court Ordinance and the Rules of the High Court provide the necessary legal framework for the establishment of the HKICC as a division of the High Court.
A dedicated Practice Direction will be issued for the HKICC to prescribe the categories of cases within its jurisdiction and to set out detailed court procedures. These will include measures to streamline the litigation process, provide a more flexible regime for the handling of appeals, and ensure the timely disposal of cases and appeals, with reference to the best practices of other international commercial courts.
A floor in the High Court Building will be designated for use by the HKICC. In line with international practice, and reflecting the international and cross-jurisdictional nature of cases, the HKICC will make extensive use of technology in handling cases, including remote hearings, electronic filing, electronic bundles, and voice-to-text transcription.
The Judiciary stressed that the establishment of the HKICC represents its firm commitment to judicial excellence and professionalism, and to strengthening Hong Kong’s position as a highly respected forum for dispute resolution, thereby reinforcing its enduring role within the global legal and commercial community.
The Judiciary aims to establish the HKICC within the coming year. Preparatory work is already under way, and stakeholders, in particular the legal profession, will be consulted in due course.
Welcoming the Judiciary’s announcement on behalf of the Hong Kong Special Administrative Region Government, Chief Executive John Lee said that the National 15th Five-Year Plan explicitly points the way to strengthening the rule of law in foreign affairs; improving mechanisms for international commercial mediation, arbitration and litigation; supporting Hong Kong to consolidate and enhance its status as an international financial, shipping, aviation and trade centre; and deepening its development as an international legal and dispute resolution services centre.
Mr Lee stated: “The Hong Kong SAR is the only common law jurisdiction in the country. Hong Kong’s commercial and trade laws based on common law are internationally compatible, and well trusted by international businesses or investors. The establishment of the HKICC fully demonstrates Hong Kong’s unique advantages under ‘one country, two systems’ of enjoying strong support of the motherland and being closely connected to the world.
“It will contribute new and greater strength to the country’s high-level opening up, while further promoting the development of international commercial rules.
“The establishment of the HKICC will strengthen Hong Kong’s core capabilities and advantages in international litigation, complementing Hong Kong’s existing international arbitration and mediation services to provide global enterprises or investors with diversified and comprehensive options for dispute resolution.
“This will further enhance the international competitiveness of Hong Kong’s legal and dispute resolution services, propelling Hong Kong to a higher level of development in international dispute resolution services.”
Secretary for Justice Paul Lam remarked that the HKICC will focus on handling complex and high-value international commercial disputes. He highlighted the jurists presiding over the cases will include not only judges from Hong Kong, but also judges with high prestige and experience in other common law jurisdictions.
Mr Lam said that he Hong Kong SAR Government has the utmost confidence that the HKICC will not only deliver authoritative and convincing rulings in the cases it hears, but also make significant contributions through its jurisprudence to the development of international commercial law.
He added that this will further consolidate the international reputation and status of Hong Kong’s common law system, enabling the city to better leverage its unique advantages in this regard under “one country, two systems”.
