This is a slightly edited version of the Kaplan Lecture delivered at HKIAC by the former Chief Justice of the Hong Kong Court of Final Appeal on 26 November 2024. The author engages in a wide-ranging discussion of arbitration’s proper place in the administration of justice and the rule of law, highlighting, in particular, (1) the general duties of impartiality, independence and integrity (the “three I’s”) incumbent upon arbitral tribunals; (2) the quality of justice dispensed by them, having regard to individual rights and the rule of law; (3) the precise extent and effect of party autonomy; (4) the duty owed to tribunals by legal representatives; (5) the sometimes conflicting interests of the administration of justice, the legal profession, clients and the public; (6) the supportive and supervisory jurisdictions of the courts in arbitration; (7) the degree to which litigation and arbitration have common objectives and approaches; and (8) in international cases, the effects and implications of the mismatch of ethical rules and standards as between different jurisdictions and the lack of a common conception of the ‘administration of justice’.
Asian Dispute Review