eBRAM Fully Supports the Government’s extension of the measures of “Allowing Hong Kong-invested enterprises to adopt Hong Kong law” and “Allowing Hong Kong-invested enterprises to choose for arbitration to be seated in Hong Kong” to other Pilot Cities in the GBA

On 14 February 2025, the Supreme People's Court and the Ministry of Justice jointly issued the Opinions on Giving Full Play to the Role of Arbitration in Serving the High-Quality Development of the Guangdong-Hong Kong-Macao Greater Bay Area (hereinafter referred to as the "Opinions"). The Opinions clearly put forward the “Allowing Hong Kong(Macao)-invested enterprises to choose for arbitration to be seated in Hong Kong(Macao)”system, which allows Hong Kong and Macao-funded enterprises established in the nine mainland cities of the Guangdong-Hong Kong-Macao Greater Bay Area to agree that the mainland is the seat of arbitration, and that Hong Kong and Macao can be agreed to be the seat of arbitration to resolve commercial disputes. The implementation of this system has brought significant benefits to Hong Kong's arbitration industry and further enhanced Hong Kong's attractiveness and competitiveness in the field of international arbitration.

In an exclusive interview with the Rule of Law Daily, the Secretary for Justice of the Hong Kong Special Administrative Region Government, Mr Paul Lam, said that the introduction of this system has greatly supported Hong Kong and helped to turn "differences in systems" into "benefits for systems".to realize the interconnection of the rule of law construction in the Guangdong-Hong Kong-Macao Greater Bay Area. Mr Paul Lam emphasized that Hong Kong, as a centre for international legal and dispute resolution services in the Asia-Pacific region, has rich legal service talents and international arbitration experience, we are able to provide high-quality arbitration services to enterprises in the Greater Bay Area.

The Secretary for Justice, Mr Paul Lam, recently attended the 125th Anniversary Celebration Distinguished Celebrity Exchange Series organised by the Chinese General Chamber of Commerce to give a further introduction to Hong Kong-funded Hong Kong law and Hong Kong arbitration. He said that Shenzhen has made great efforts to provide legal protection for international commercial dispute resolution, and Hong Kong also has the advantage of international arbitration, and many mainland arbitration institutions have set up branches in Hong Kong. Hong Kong and Shenzhen can work together to leverage the advantages of the two places to enhance interaction and co-operation in arbitration services, so as to create mutual benefit and win-win results. In addition, the HKSAR Government will continue to deepen the promotion of economic and trade relations between Hong Kong and ASEAN, and actively promote Hong Kong as a centre for handling relations among ASEAN member states.

In the latest Thematic Bulletin entitled "Legal and Dispute Resolution Services in Hong Kong" released by the Legislative Council Secretariat, some Legislative Council Members suggested drawing on the experience of the APEC-accredited e-commerce arbitration and mediation platform (eBRAM) promoted by the HKSAR Government to extend ODR services to ASEAN and Belt and Road countries, with a view to further consolidating Hong Kong's role as an e-arbitration and mediation platform for the Belt and Road market.

eBRAM International Online Dispute Resolution Centre (eBRAM) fully supports the government’s extension of the measures of “Allowing Hong Kong-invested enterprises to adopt Hong Kong law” and “Allowing Hong Kong-invested enterprises to choose for arbitration to be seated in Hong Kong” to other pilot cities in the GBA. eBRAM believes that by expanding the scope of application of these policies, it will provide better legal service support for enterprises in the Greater Bay Area and further promote the prosperity and development of the regional economy. eBRAM will actively cooperate with government policies and provide efficient, convenient and secure digital dispute resolution solutions for enterprises in the Greater Bay Area through artificial intelligence, big data and blockchain technology, to help build the rule of law and optimize the business environment in the region.

Strategic Value of the Initiatives

The “Allowing Hong Kong-invested enterprises to adopt Hong Kong law” and “Allowing Hong Kong-invested enterprises to choose for arbitration to be seated in Hong Kong” initiatives allow Hong Kong investors to choose Hong Kong law as the governing law and conduct arbitration in designated regions within Mainland China. This significantly reduces legal risks and costs associated with cross-border investments. By expanding the coverage of these policies, we believe businesses in the GBA will benefit from comprehensive legal service support, further driving regional economic growth and prosperity, and helping to build the rule of law and optimize the business environment in the region.

Aligning with Government Initiatives to Promote Legal Integration in the Greater Bay Area

In April 2024, the HKSAR Department of Justice released the “Action Plan on the Construction of Rule of Law in the Guangdong-Hong Kong-Macao Greater Bay Area”, which emphasizes mechanism alignment, regulatory convergence, and talent connectivity to facilitate legal integration and interconnectivity across the region.

As a leading LawTech company in Hong Kong, eBRAM is committed to leveraging innovative technology to enhance online arbitration and mediation services. We will actively support the government’s policies by utilizing artificial intelligence, big data, and blockchain technology to provide businesses in the GBA with efficient, convenient, and secure digital dispute resolution solutions.

Role of the GBA Online Dispute Resolution Collaborative Platform

Led by eBRAM, the first “GBA Online Dispute Resolution Collaborative Platform” was officially launched in July 2024. Through the GBA Platform, we collaborate with the Government on the construction and operation of the GBA Legal Information Platform and the organization of a platform for GBA lawyers. This will promote professional exchanges and training, enhance legal cooperation, and foster the integrated development of legal services in the GBA.

As a key bridge for legal service cooperation in the GBA, the Platform will provide strong support for the development of “Allowing Hong Kong-invested enterprises to adopt Hong Kong law” and “Allowing Hong Kong-invested enterprises to choose for arbitration to be seated in Hong Kong” initiatives. By integrating legal resources from GBA cities, the Platform will offer efficient and accessible online dispute resolution services to Hong Kong investors and businesses, further reducing cross-border investment risks and legal costs, and strengthening Hong Kong’s central role in the legal development of the Greater Bay Area.

Active Participation in the Legal Development of Qianhai and Other Pilot Cities

Additionally, eBRAM will actively participate in the legal development of Qianhai and other pilot cities, promoting the adoption of online arbitration and mediation platforms. Through professional training programs and exchange activities, we aim to strengthen collaboration between the legal and business sectors in Hong Kong and Shenzhen. We look forward to working closely with the government and our partners across the GBA to drive policy innovation, enhance the legal and business environment, and support regional economic development and global competitiveness. By fostering a more integrated and efficient legal ecosystem, we are committed to creating greater opportunities for businesses in Hong Kong and beyond.