First Case Under the Measure Allowing Hong Kong-invested Enterprises to Choose for Arbitration to be Seated in Hong Kong Successfully Concluded by a Mainland Arbitral Institution

The first case administered by a Mainland arbitral institution under the measure “allowing Hong Kong-invested enterprises to choose for arbitration to be seated in Hong Kong” has recently been successfully concluded. The case achieved a number of innovative breakthroughs in both procedural administration and technological application, marking an important practical example of advancing rule alignment and mechanism connectivity in cross-border arbitration within the Guangdong-Hong Kong-Macao Greater Bay Area (GBA).

In this case, eBRAM International Online Dispute Resolution Centre (“eBRAM”) served as the provider of Online Dispute Resolution (ODR) technological support, delivering end-to-end digital support throughout the arbitral proceedings. Operating within a complex environment involving participants across multiple locations, eBRAM facilitated the efficient, secure and orderly conduct of the proceedings. One of the key achievements of this case was the innovative exploration of a cross-border arbitration model under the framework “allowing Hong Kong-invested enterprises to choose for arbitration to be seated in Hong Kong”.

The arbitrator was based in Hong Kong, with the tribunal secretary, the parties and their legal representatives participated from different Greter Bay and Chinese mainland locations. Against this backdrop, eBRAM’s ODR Platform provided critical technological support and successfully enabled:

• simultaneous participation from multiple locations across the Chinese Mainland and Hong Kong through a hybrid hearing model integrating online and physical attendance;
• robust data security, access control and user authentication mechanisms to safeguard confidentiality and ensure procedural compliance; and
• significant reductions in communication and travel costs, while maintaining due process and enhancing procedural efficiency.

Through technological innovation, the case successfully overcame the traditional reliance of arbitration proceedings on physical venues and enabled a collaborative cross-border operating model. The experience provides a valuable and replicable reference for the resolution of cross-border disputes in the Greater Bay Area and beyond.

Advancing Greater Bay Area Collaboration Through Online Dispute Resolution

This collaboration represented more than a technological support initiative. It also demonstrated the results of eBRAM’s longstanding commitment to promoting the development of online dispute resolution frameworks and collaborative mechanisms within the Greater Bay Area.

eBRAM has been actively advancing the establishment of a collaborative platform for online dispute resolution institutions across the Greater Bay Area. By integrating regional arbitration and mediation resources, the platform explores new approaches to cross-jurisdictional cooperation and promotes greater connectivity among regional dispute resolution mechanisms.

The administering institution in this case is a key member of the GBA Online Dispute Resolution Collaborative Platform initiated by eBRAM. Through this framework, the parties were able to achieve closer institutional cooperation and technological coordination in the administration of the proceedings.

With the consent of all parties, hearing arrangements and procedural coordination were conducted through eBRAM’s ODR Platform, facilitating:

• seamless connectivity between the arbitral tribunal and all remote participants;
• integrated case management and real-time communication; and
• flexible transition between online and in-person hearing formats.

The case further demonstrated multi-dimensional collaboration at various levels:

Institutional Collaboration

• meaningful cooperation among members of the collaborative platform in administering arbitration proceedings.

Rule Alignment and Mechanism Connectivity

• effective coordination between the seat of arbitration and the procedural administration framework.

Technological Support

• unified platform support for cross-border proceedings and hearings.

This model demonstrates that an online dispute resolution platform is not merely a technological tool, but also an important infrastructure component capable of supporting the effective conduct of arbitration proceedings. By combining institutional collaboration with technological support, key aspects of cross- border dispute resolution can be connected more effectively, creating practical and replicable experience for promoting legal and dispute resolution cooperation in the Greater Bay Area.

From Policy Initiative to Practical Implementation

As one of the important institutional innovations within the Greater Bay Area, the measure “allowing Hong Kong-invested enterprises to choose for arbitration to be seated in Hong Kong” embodies the principle of party autonomy and provides market participants with a more convenient, efficient and reliable means of resolving disputes.

In this case, the parties exercised their autonomy by agreeing to designate Hong Kong as the seat of arbitration, while the arbitral proceedings were administered by a Chinese Mainland arbitral institution in accordance with applicable rules and procedures. Supported by an online dispute resolution platform, the parties were able to conduct the proceedings efficiently across different locations, demonstrating how institutional arrangements and technological solutions can complement one another in practice.

Through its digital hearing support services, eBRAM has contributed to the practical implementation of relevant Greater Bay Area policy initiatives and provided an operational and replicable technological solution supporting the measures “allowing Hong Kong-invested enterprises to adopt Hong Kong law” and “allowing Hong Kong-invested enterprises to choose for arbitration to be seated in Hong Kong”.

Looking Ahead

The successful conclusion of this case reflects the progress achieved in the alignment of arbitration rules and the connectivity of dispute resolution mechanisms within the Greater Bay Area. It also highlights the increasingly important role of legal technology as a key enabling infrastructure for cross-border dispute resolution.

Looking ahead, eBRAM will continue to deepen its work in the field of online dispute resolution. Leveraging its technological capabilities and extensive Greater Bay Area collaboration network, eBRAM will continue to support the development of cross-border arbitration and mediation, contribute to the enhancement of regional rule-of-law cooperation, and provide efficient, secure and sustainable professional services that support the development of an international business environment.