Hong Kong Mediation Bill to be Introduced by the DOJ on Friday November 18

The Hong Kong Department of Justice has recently introduced a Mediation Bill, which seeks to establish a legislative framework for conducting mediation and “assist in the promotion of the more extensive and effective use of mediation in Hong Kong.”  The Bill will be gazetted on Friday (November 18).

According to the DOJ Press Release, “the Bill aims to promote, encourage and facilitate the resolution of disputes by mediation and to protect the confidentiality of mediation communications.”  The Bill was developed following recommendations made by a Working Group on Mediation chaired by the Secretary for Justice.  The Working Group published its 48 recommendations in its Report in February 2010 for a three-month public consultation.

According to the Bill, Mediation communication is confidential and must not be disclosed except under specified circumstances.  Communication may be disclosed, for example, with the consent of all parties and the mediator or where there are reasonable grounds to believe that the disclosure is necessary to prevent danger of injury to a person or of serious harm to the well being of a child. A person must also apply for leave of the court or tribunal in order to adduce mediation communications in any proceedings.  The Bill sets out matters that the court or tribunal must take into account in granting leave for a mediation communication to be disclosed or admitted in evidence.

According to the press release, the Bill also seeks to standardise the terminology and Chinese renditions for “mediation” and “conciliation” used in existing ordinances.

The Bill will be introduced in the Legislative Council on November 30.

Link: http://www.info.gov.hk/gia/general/201111/16/P201111160287.htm

2 Comments

  1. Dear Sir/Madam,

    Subject: Legal View & Precedents to Support the Stance for Third party Joinder.

    Dear,

    A case is pending for adjudication before ICC for arbitration, wherein I am respondent (Asian company), filed by Claimant (an-other Asian company).

    The respondent is a divisional Company of its mother company in London ( registered in Luxembourg), wherein the Contract has been signed by the respondent, claimant and the mother company of the respondent as well with its stamp.

    The claimant paid 50% contractual amount to mother Company of the respondent and got the letter of credit from the claimant as per contract in consideration.

    Now the claimant demanded 100% amounts from the respondent only.

    The Arbitration would be in (Geneva)Swiss and enforceable law is Luxembourg.

    The respondent requested the Third Party Joinder before the proceedings of the AWARD.

    The respondent seeks your kind legal view & Precedents for joinder.

    Best Regards

    Jafar Samdani

    Lawyer

    Kuwait

    +965-55648107

    1. Thank you for your kind message Mr. Samdani. It sounds like a very interesting legal issue regarding joinder of claims. I’ll follow up by email.

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