Has the time come for mandatory adjudication in Hong Kong? To answer that question, this paper aims to discuss the following:
- How mandatory adjudication schemes work in other jurisdictions.
- Given the experience in those jurisdictions, what is the likely impact of such a regime if it is adopted in the HK SAR?
- Who would benefit? Who would be worse off?
- How would it affect party-to-party relations on site?
- What changes would it bring to the dispute resolution industry in general?
- If the HK SAR does opt for mandatory adjudication, what can it learn from the experiences in other jurisdictions?
- Can and should Hong Kong take the best features from statutory adjudication schemes around the world – and what would such a scheme look like?
- What has experience elsewhere in the last 12 years taught Hong Kong to avoid?