HK

Deriving from English case law, a Scott v Avery clause is a contractual term that requires parties to comply with certain procedures before proceeding with litigation. In its most usual form, the clause requires parties obtain an arbitral award before embarking on litigation. Hong Kong courts have upheld the validity of a Scott v Avery clause.

The UNCITRAL Model Law on International Commercial Arbitration (also known as the UNCITRAL Arbitration Rules, or simply the Model Law) represents internationally agreed principles of best practice in international arbitration. The Model Law was adopted as Hong Kong’s international arbitration law with effect from 6 April 1990 with only one modification: omitting the word 'commercial' from the term 'international commercial arbitration.' This amendment was made to give the law its widest possible scope. Under the Arbitration Ordinance, Mainland arbitral awards made by a recognised Mainland arbitral authority and arbitral awards made in the territory of states which are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards are enforceable in Hong Kong.

The core conditions of the New Engineering Contract (NEC) were first published in 1993. NEC adopts a system of core clauses and options to provide for traditional arrangements as well as target, cost reimbursable and management contracts, together with professional services contracts and subcontract forms. The latest edition of the NEC Engineering and Construction Contract is NEC3, published in 2005.