Globalization reaches the bench | The Fine Print | Victor Dawes SC

On May 28, the Judiciary announced the establishment of the Hong Kong International Commercial Court, a specialized division of the High Court dedicated to adjudicating complex, high-value international commercial disputes. The new court is expected to reinforce Hong Kong’s position as a leading hub for international legal and dispute resolution services.

A defining feature of the HKICC will be the participation of judges not only from Hong Kong but also from other common law jurisdictions. This model is not unprecedented. Comparable courts, such as the Singapore International Commercial Court and the Dubai International Financial Centre Courts, have successfully attracted distinguished jurists from around the world to hear high-value, cross-border commercial disputes.

Nor is the use of overseas judges new to Hong Kong. Article 92 of the Basic Law expressly permits the appointment of judges from other common law jurisdictions, while Article 82 authorizes overseas judges to sit on the Court of Final Appeal. In fact, the city’s apex court has long-benefited from the service of eminent judges from the UK, Australia, Canada, and New Zealand, who have adjudicated in countless decisions of general public importance since the handover. These constitutional provisions, together with Hong Kong’s longstanding experience of working with overseas judges, provide a strong foundation for further judicial internationalization.

The HKICC will be housed within the High Court Building. A dedicated Practice Direction will set out its jurisdiction and procedures, including measures designed to streamline litigation, facilitate the efficient disposal of cases, and introduce a more flexible approach to appeals, drawing on the experience of comparable international commercial courts.

The establishment of the HKICC is a significant and welcome development, strengthening Hong Kong’s competitiveness in an increasingly internationalized and specialized global dispute resolution market.

Victor Dawes SC is the former chairman of the Hong Kong Bar Association

𝗗𝗼𝘄𝗻𝗹𝗼𝗮𝗱 𝗧𝗵𝗲 𝗦𝘁𝗮𝗻𝗱𝗮𝗿𝗱 𝗔𝗽𝗽 ↓