Out-Law News 1 min. read
Hong Kong SAR enhances arbitration accessibility with new immigration scheme
25 Mar 2025, 11:16 pm
An expanded scheme to allow arbitration participants visa-free entry will enhance the Hong Kong Special Administrative Region’s reputation as a preferred seat for international arbitration, according to experts.
The scheme allows short-term entry into Hong Kong SAR for people participating in arbitral proceedings in the jurisdiction, including arbitrators, expert and factual witnesses, legal representatives or parties involved in arbitration.
Karah Howard, an expert in international arbitration at Pinsent Masons, said: “This scheme will strengthen Hong Kong SAR’s position as one of the preferred seats of arbitration in APAC.”
“The broad scope of persons permitted entry to Hong Kong SAR under the scheme, arbitrators, experts, factual witnesses, legal representatives and parties, plus the flexibility of no longer being constrained by visa application lag times, will aid to promote greater efficiency and ease in case preparation and access to justice,” she said.
The scheme builds off a pilot launched in 2020 which has seen 127 letters of proof issued to eligible people, allowing them to enter Hong Kong SAR without an employment visa.
People accessing the scheme must obtain the letter confirming they are an eligible person participating in arbitral proceedings in the Hong Kong SAR.
Mohammed Talib, an expert on international arbitration at Pinsent Masons, said: “The Hong Kong government has shown a sustained commitment to the development of Hong Kong as an international arbitration hub.”
“Formalising the initial pilot programme into a permanent scheme with broad application to all arbitral participants makes it easier to conduct hearings in Hong Kong SAR by removing the need to apply for an employment visa,” he said.
“This brings Hong Kong SAR into line with other major arbitration centres, such as Singapore, which allow those participating in arbitrations to do so on a visitor visa.”
For arbitrations being administered by arbitral institutions, the letter must be issued by a qualified arbitral and dispute resolution institution.
For ad hoc arbitrations, the letter must be issued by a venue provider, such as the Hong Kong International Arbitration Court, South China International Arbitration Centre or the Shanghai International (Hong Kong) Centre.
Changes also include allowing the scheme to now cover all arbitrations physically taking place in Hong Kong, including those where the ‘seat of arbitration’ is in another jurisdiction.
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