Hong Kong Judiciary announces initiative to establish Hong Kong International Commercial Court
The following is issued on behalf of the Judiciary:
The Judiciary announced today (May 28) 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-border commercial disputes. Its establishment will 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 establishment of the HKICC marks a significant development in Hong Kong's judicial system under the "one country, two systems" principle. It is an appropriate response to the 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. 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 complements Hong Kong's existing dispute resolution framework. Together with arbitration and mediation, the HKICC will provide parties engaged in international and cross-border commerce with a comprehensive range of dispute resolution options. It offers the distinct advantages of the judicial process, including transparency, authoritative judicial determinations, a structured appellate process, and the certainty of enforceable judgments, including their recognition and enforcement on the Mainland under the relevant mutual 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. 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, with a view to enhancing judicial efficiency.
The Judiciary emphasises 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.
The Judiciary, Photo source: reference image
