58 59 CHAPTER 3 facilities, such as the Hong Kong International Arbitration Centre and the Department of Justice.13 The expanded Pilot Scheme in 2023 includes Visa-required Nationals, Mainland China, Macao, and Taiwan residents, allowing them to actively participate in arbitral proceedings in Hong Kong. It is important to note that their involvement is subject to holding the appropriate visa or entry permit granting them visitor status in Hong Kong. The duration of their stay should align with the permitted visitor visa period and correspond to the required timeframe for their engagement in the arbitration process. Further, from 20 February 2023 onwards, the EET trial is introduced in cities of the GBA, including Hong Kong and Macao. The EET initiative enables GBA legal talents, including arbitrators with a valid Exit-entry Permit, to travel to Hong Kong with unlimited entries for one year, limited to 30 days per visit14. The EET tiral complements the Pilot Scheme, facilitating inbound travel for visitors, including Mainland residents in the GBA. The expanded Pilot Scheme and the introduction of the EET enhances convenience for participants in Hong Kong’s arbitral proceedings and aligns with the GBA’s strategic development. This initiative expands options for arbitration parties, including a broader selection of arbitrators, legal counsel, and expert witnesses. By attracting more parties to choose Hong Kong as their preferred arbitration seat, the Pilot Scheme strengthens Hong Kong’s competitive edge as a center for international legal and dispute resolution services in the Asia Pacific region, reinforcing its pivotal role in the dynamic GBA landscape. MEDIATION - RELEASE OF THE GUANGDONG-HONG KONG-MACAO GREATER BAY CROSS-BOUNDARY DISPUTE MEDIATION MODEL RULES (THE “GBA MEDIATION MODEL RULES”) The recent development plan has not overlooked the crucial role of mediation in dispute resolution. The GBA Mediation Model Rules were endorsed at the 4th Guangdong-Hong Kong-Macao Greater Bay Area Legal Departments Joint Conference on 16 December 2022 and came into effect on the day of publication15. With the unique character of the GBA under “one country, two systems and three jurisdictions”, the endorsement and implementation of the GBA Mediation Model Rules, along with the accompanying “The Greater Bay Area Mediator Accreditation Standards” and “The Greater Bay Area Mediator Code of Conduct Best Practice”16, bring significant benefits to dispute resolution in Hong Kong within this new initiative. The alignment of mediation rules in the GBA benefits Hong Kong by establishing a unified framework for cross-boundary dispute resolution. The presence of the Guangdong-Hong Kong-Macao Greater Bay Area Mediator Panel and approved mediation institutions in Guangdong Province expands opportunities for Hong Kong mediators to participate and contribute their expertise. This integration promotes cooperation and solidifies Hong Kong’s position as a leading regional dispute resolution services center. Common standards and model rules for mediations and mediators also enhance consistency and efficiency in resolving crossboundary disputes, benefiting businesses and individuals seeking streamlined resolution mechanisms within the GBA. [13] Hong Kong SAR Government, “Government announces expansion and extension of Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong” (https://www.info.gov.hk/gia/general/202302/28/P2023022800263.htm) [14] Ibid [13]. [15] Hong Kong SAR Government, “GBA Cross-Boundary Disputes Mediation Model Rules officially released” (https://www.info.gov.hk/gia/general/202212/30/P2022123000287. htm) [16] 中央人民政府驻香港特别行政区联络办公室, “粤港澳大湾区调解员资格资历评审标准及专业操守最佳准则正式发布” (http://www.locpg.gov.cn/jsdt/2021-12/31/c_1211513126.htm) Hong Kong’s international recognition and bring new opportunities for the development of arbitration. As the only AALCO regional arbitration centre in Asia, Hong Kong will contribute to the overall development of the arbitration system in the GBA. PROMOTION OF ONLINE DISPUTE RESOLUTION PLATFORM – EBRAM INTERNATIONAL ONLINE DISPUTE RESOLUTION CENTRE LIMITED (“EBRAM CENTRE”) Seizing the opportunities presented by the GBA Development Plan and Belt and Road Initiative, the Professionals in Hong Kong have explored the potential for developing online dispute resolution (“ODR”) services and an online platform to solidify Hong Kong’s position as an international hub for legal and dispute resolution services in the Asia Pacific region. Established in June 2018, the eBRAM Centre is a collaborative platform for professional arbitrators, mediators, and legal practitioners from esteemed organizations such as The Law Society of Hong Kong and The Hong Kong Bar Association. Its primary objective is to enhance Hong Kong’s arbitration and mediation services, meet the growing demand for crossborder legal and dispute resolution services, and to leverage innovative technologies such as Artificial Intelligence to position Hong Kong as a leading LawTech centre. The eBRAM Centre, as an ODR provider, is also a member of the APEC Cooperation Framework for Online Dispute Resolution since 2020 and actively contributes to advancing the Framework for ODR of Cross-Border Business Disputes. As the first and only Hong Kong-based ODR provider under the APEC ODR Framework9, it offers an efficient, cost-effective, and secure platform for resolving various disputes related to the Belt and Road Initiative and cross-border matters. In September 2021, during the Shenzhen-Hong Kong High-level Meeting, a cooperation agreement was signed for the establishment of the GBA International Arbitration Centre (“GBAIAC”) in which the eBRAM Centre and two other Hong Kong institutions were included in the GBAIAC’s exchange and cooperation platform10. This collaboration demonstrates a commitment to promote arbitration services in the GBA and develop a civil and commercial dispute resolution mechanism aligned with Hong Kong and international standards. Furthermore, a Memorandum of Understanding was signed between the President of the Shenzhen Court of International Arbitration and the Chairman of eBRAM, solidifying their agreement to develop the Centre’s online dispute resolution platform and establish extensive cooperation in online dispute resolution.11 The establishment of the eBRAM Centre in Hong Kong as an innovative ODR body strengthens the city’s international reputation as a hub for legal and dispute resolution services in the Asia Pacific region. Endorsed by APEC, eBRAM offers a reliable online platform for cross-border dispute resolution, complementing traditional arbitration processes. By expanding options and transcending geographical limitations, eBRAM enhances access to dispute resolution services, including mediation, within the region. The platform strengthens Hong Kong’s soft power as a legal and dispute resolution service center, contributing to the comprehensive development of the arbitration industry in Hong Kong and the GBA. EXPANSION OF THE SCOPE OF THE PILOT SCHEME ON FACILITATION FOR PERSONS PARTICIPATING IN ARBITRAL PROCEEDINGS IN HONG KONG (“THE PILOT SCHEME”) AND THE EXIT ENDORSEMENT FOR TALENTS (“EET”) To bolster Hong Kong’s position as a leading international hub for legal services and dispute resolution in the Asia Pacific region, the Hong Kong Government launched the Pilot Scheme in June 2020. This scheme facilitates shortterm participation in Hong Kong’s arbitration proceedings for eligible non-residents, aligning with the development of the GBA and the Belt and Road initiatives. The Pilot Scheme covers four categories: arbitrators, expert witnesses, counsel, and parties involved in the arbitration (collectively referred to as “Eligible Persons”)12. Eligible Persons can participate in Hong Kong’s arbitral proceedings without an employment visa by possessing a Letter of Proof (“the Letter”). The duration of their stay should comply with the current visa-free period. For arbitrations administered by recognized institutions, the Letter must be issued by qualified institutions meeting the criteria outlined in Article 2(1) of the- “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings.” For ad hoc arbitrations, the Letter should be issued by venue providers equipped with established hearing [9] eBRAM, “eBRAM APEC Online Dispute Resolution Platform” (https://www.ebram.org/apec_odr.html) [10] Shenzhen Court of International Arbitration, “Guangdong, Hong Kong and Macau Jointly Built the Greater Bay International Arbitration Centre” (http://www.scia.com.cn/en/index/newsdetail/id/3638.html) [11] Ibid [10]. [12] Department of Justice, “The Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong” (https://www.doj.gov.hk/en/featured/the_pilot_scheme_on_facilitation.html) CHAPTER 3
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