Jimmy Ma and Foster Yim have just been re-appointed to the Panels of Arbitrators...

We are thrilled to announced that Jimmy Ma and Foster Yim have just been re-appointed to the Panels of Arbitrators by the Shenzhen Court of International Arbitration (SCIA) and the South China International Arbitration Center (HK) (SCIAHK).

The Panels of Arbitrators at the Shenzhen Court of International Arbitration (SCIA) and its Hong Kong affiliate, the South China International Arbitration Center (HK) (SCIAHK), reflect a strategic push toward integrated cross-border dispute resolution in the Guangdong-Hong Kong-Macau Greater Bay Area (GBA). Established in 1983, SCIA was China’s first arbitration institution to include foreign arbitrators (starting in 1984), and SCIAHK was launched in 2019 to leverage Hong Kong’s common law system. These appointments—such as the 19 members from Des Voeux Chambers in recent cycles and Samuel Chan, BBS, JP’s dual listing in 2022—underscore several broader implications:

Enhanced Cross-Jurisdictional Expertise and Neutrality: By incorporating Hong Kong barristers, who bring deep common law experience in international arbitration, the panels (SCIA’s 1,541 arbitrators from 114 countries, ~37% overseas; SCIAHK’s flexible “off-panel” options) bridge civil and common law traditions. This ensures more culturally and legally neutral proceedings for GBA disputes, reducing biases in cases involving mainland China, Hong Kong, and international parties.
Boost to GBA Integration via the “Two Cities, Two Institutions” Model: The dual setup exploits “two centers in two cities and two legal jurisdictions under two law systems,” with separate rules (SCIA’s for mainland cases; SCIAHK’s UNCITRAL-based rules effective 2022, including electronic hearings and optional appeals). It facilitates seamless arbitration for GBA trade, tech, and investment flows, as seen in SCIA’s record RMB 24 billion case in 2022.
Improved Access to Interim Measures and Enforcement: SCIAHK’s inclusion in the 2019 Interim Measures Arrangement (confirmed by China’s Supreme People’s Court) allows Hong Kong-seated arbitrations to seek mainland court aid for asset preservation—unique among Hong Kong institutions. Barristers’ involvement strengthens enforcement under the New York Convention (SCIA’s awards recognized abroad since 1989), making the ecosystem more attractive for foreign investors.
Opportunities for Barristers and Professional Development: These roles expand Hong Kong barristers’ scope beyond advocacy into adjudication, fostering expertise in hybrid disputes (e.g., IP, maritime, securities via SCIA sub-centers). It positions them as key players in China’s arbitration “aircraft carrier,” with statutory governance under Shenzhen’s 2020 Ordinance ensuring transparency and independence.
Strategic Signal for Global Arbitration Competition: Amid China’s arbitration reforms, these appointments signal SCIA/SCIAHK’s ambition to rival hubs like Singapore or Hong Kong International Arbitration Centre, drawing diverse caseloads (e.g., mediation, negotiation facilitation) while promoting diversified dispute resolution in the world’s largest bay area economy.

Overall, these moves democratize high-caliber arbitration in the GBA, promoting efficiency, trust, and innovation in resolving ~HKD trillions in annual cross-border transactions.

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