SCIAHK joins the list of venue providers that can issue "Letter of Proof" for ad hoc arbitration in Hong Kong under “The Pilot Scheme”

         Starting from 2024, SCIAHK has been included to the list of venue providers that can issue Letter of Proof for ad hoc arbitration held in Hong Kong under the “The Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong (The Pilot Scheme)”.

     First launched by the DoJ HKSAR on 29 June 2020, the Pilot Scheme provides immigration facilitation for eligible nationals of countries who may visit Hong Kong visa-free (Visa-free Nationals) and possess a Letter of Proof (the Letter) to participate in arbitral proceedings in Hong Kong as visitors without the need to obtain an employment visa. It covered four categories of Visa-free Nationals, namely: (i) arbitrators; (ii) expert and factual witnesses; (iii) counsel in the arbitration; and (iv) parties to the arbitration (Eligible Persons). The duration that they may stay in Hong Kong for participating in arbitral proceedings shall not exceed the current visa-free period for visit. The scope of the Pilot Scheme is now expanded to also cover Eligible Persons who are Visa-required Nationals and residents of the Mainland, Macao and Taiwan. 

     The Letter can be obtained in two scenarios: (a) For arbitrations that are being administered by an arbitral institution, the Letter shall be issued by one of those qualified arbitral and dispute resolution institutions and permanent offices in Hong Kong, including SCIAHK, which satisfies the criteria set out under Article 2(1) of the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR"; or (b) For ad hoc arbitrations (i.e. arbitrations not administered by an arbitral institution) that are held in reputable venue(s) with established and well-equipped hearing facilities, the Letter shall be issued by such venue provider(s). This year’s inclusion of SCIAHK to the list of venue providers diversify the options for parties of international arbitration to have their ad hoc arbitration held in Hong Kong and strengthens Hong Kong’s status as an international hub for international legal service and dispute resolution in the Asia Pacific.