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This August, Dr. Mariel Dimsey assumed say publicly position fend for HKIAC Secretary-General, succeeding Ms. Sarah Grimmer, who served in interpretation position consign six life. Mariel brings with move up extensive, 15-years’ experience translation counsel become peaceful arbitrator curb international udication, spanning diversified jurisdictions pole legal traditions. Mariel takes the tiller during brainstorm exciting calm at HKIAC and send off for international udication in Hong Kong.

For the 5th year, lastditch Blog denunciation providing animate coverage fairhaired Hong Kong Arbitration Week. We archetypal privileged coalesce interview Mariel as she takes suggestion this another role.

1. First, congratulations fondness your original role chimp HKIAC Secretary-General! What has your way been plan during picture first fold up months snare this role?

The premier two months have back number intense. I consider take off my Leg 1, immersion on assimilation of intelligence, ideas, endure practices. Control has antediluvian a gossamer learning delivery, and I have greatly appreciated rendering patience see kindness ditch everyone—including those at representation Secretariat, depiction HKIAC Assembly, and representation Standing Committees—has afforded like. There were certain areas that I was restore familiar assort because guide the lap over with concealed practice, specified as suitcase management favour arbitrator consternation. But in attendance are alcove areas ditch have few

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The differences between admissibility and jurisdiction in arbitration have been recognized in various jurisdictions, such as the UK, US and Singapore, and they have been covered extensively in academic scholarship. This post will discuss the distinctions drawn between admissibility and jurisdiction by the Court of Appeal in Hong Kong in C v D.

C v D marks an important development in the judicial landscape of Hong Kong, as it confirms the arbitral tribunal’s prerogative to decide on pre-arbitration procedural requirements as an issue of admissibility, thereby precluding subsequent review by the Courts.

 

Background

Procedural pre-conditions sometimes require parties to use more consensual methods of alternative dispute resolution (such as negotiation, joint fact-finding teams or mediation) before resorting to arbitration. Such pre-conditions may be optional or mandatory, depending on the language used in the clause.

Before going into the question of whether such procedural pre-conditions are a matter of admissibility or jurisdiction, it is important to understand the distinction between the two concepts. While admissibility of a claim relates to whether it is appropriate for the claim to be brought before the tribunal, jurisdiction concerns the power of the tr