On 4 November 2021, the Hong Kong Maritime Week (HKMW) 2021: Moot Arbitrations were successfully held at the CMAC Hong Kong Arbitration Center as well as online. Around 300 experts in the field of maritime law and dispute resolution attended and warmly discussed the simulated arbitration cases. The event was jointly organized by Hong Kong Arbitration Center of China Maritime Arbitration Commission, Hong Kong Arbitration Center of China International Economic and Trade Arbitration Commission, Hong Kong Department of Justice, Hong Kong Maritime Law Association, Hong Kong Maritime Arbitration Group, Hong Kong Institute of Arbitrators, Chartered Institute of Arbitrators East Asia Branch, supported by Institute of Chartered Shipbrokers Hong Kong Branch (ICS HK), DMET-MERI Alumni Association (Hong Kong) and Global MET.
Mr Brad Wang (Deputy Secretary-General of the CIETAC Hong Kong Arbitration Center) presided over the event. Mr Clifford Tavares (Deputy Law Officer of the Civil Division (Planning, Environment, Lands & Housing Unit), Hong Kong Department of Justice) made a welcome speech for the Mock Arbitration
Mr Tavares expressed his high affirmation for the joint holding of maritime simulation arbitration in Hong Kong by the Hong Kong Maritime Dispute Resolution agencies, in particular the great effort of CMAC Hong Kong Arbitration Center and CIETAC Hong Kong Arbitration Center. He briefed the participants that the annual event is a great initiative to support Hong Kong to build a global shipping hub and to develop high-end maritime services as underlined in the Outline of the National 14th Five-Year Plan, in line with the formula ‘one country, two system’. Mr Tavares also showed the participants the advantages of Hong Kong as a common law jurisdiction in handling commercial arbitration and mediation.
The Mock arbitration consisted of two mock arbitration hearing sessions, and showcased the typical procedures of the maritime arbitrations and the common practice adopted in resolving maritime related disputes using arbitration, featuring disputes in charter party transactions impacted by the COVID-19 pandemic, and was conducted under the new CMAC Maritime Arbitration Rules implemented from October 1, 2021. Mr Donald Sham (partner of Reed Smith Richards Butler), Mr Jagmeet Makkar (Chair of ICS HK) and Ms Mary Thomson (Pacific Chambers barrister) served as the Mock arbitration tribunal. In the first mock arbitration hearing session, Ms Athena Wong (Liberty Chambers barrister) and Mr Moses Park (Liberty Chambers councel) served as the Claimant, while Ms Adela Mao (Tower Chambers barrister) served as the Respondent. In the second mock arbitration hearing session, Mr Richard Leung (DesVoeux Chambers barrister) and Mr Ronald Pang (Pantheon Chambers barrister) served as the Claimant, Mr Nick Luxton (Gilt Chambers barrister) and William Leung (founder of William KW Leung & Co) served as the Respondent.
The mock arbitration hearing sessions featured practical matters in times of the COVID-19 pandemic such as timely treatment for COVID-infected crew members under the voyage charter party agreement, deviation, delay in delivery, the appropriate use of safe-port or safe-berth clause, infectious or contagious diseases clause.
After the Mock arbitration, Dr Wang Wenying (Secretary-General of CMAC/CIETAC Hong Kong Arbitration Center) was interviewed by TVB. Dr Wang said CMAC Hong Kong Arbitration Center and CIETAC Hong Kong Arbitration Center have played positive roles in the previous HKMWs and the Moot arbitration demonstration has become the largest special meeting on maritime dispute resolution among dozens of maritime activities during HKMWs. CMAC Hong Kong Arbitration Center and CIETAC Hong Kong Arbitration Center have the specific aim of the promotion and success of practitioners and the use of maritime arbitration in Hong Kong, in coping with Hong Kong to strengthen its status as a global shipping hub and a leading hub for international legal and dispute resolution services in the Asia-Pacific Region.