Speech of the Chief Judge of the High Court at the Fourth Legal Forum on Interconnectivity and Development under Hong Kong Legal Week 2026

Hong Kong Legal Week 2026
The Fourth Legal Forum - Interconnectivity and Development
The Importance of International Commercial Litigation in Hong Kong
And Its Future Development
The Honourable Mr Justice Jeremy Poon, Chief Judge of the High Court
5 November 2026

Director Yuan Gujie (Deputy Director of the Liaison Office of the Central People’s Government in the Hong Kong Special Administrative Region), Commissioner Cui Jianchun (Commissioner of the People’s Republic of China in the Hong Kong Special Administrative Region), Mr Wang Chen (Counsellor of the Ministry of Foreign Affairs of the People’s Republic of China), Secretary for Justice, Distinguished Guests, Ladies and Gentlemen,

1. It is both a pleasure and privilege to be asked to speak at the Fourth Forum of Hong Kong Legal Week 2026.
2. With the title of my short address in mind, I will begin by highlighting the importance of international commercial litigation in Hong Kong. In this section, I will refer to the strengths of our justice system and explain why it is important to our prosperity and growth. I will then outline the future development of international commercial litigation in Hong Kong against the global framework of international commercial dispute resolution. In that section, I will demonstrate how best to position ourselves in the international landscape.

Importance of international commercial litigation in Hong Kong

3. Hong Kong is a mature common law jurisdiction. It has all the hallmarks of an effective justice system underpinned by the long held common law tradition and a rigorous application of the rule of law. It consists of an independent, impartial and highly qualified judiciary, which delivers quality justice and commands public confidence and respect in the common law world.
4. That system is fundamental to international and cross-border commerce conducted in Hong Kong for a number of reasons, including the following:
   1. Hong Kong is a busy, thriving jurisdiction with vast experience in dealing with complex international commercial disputes. Our judges have substantial commercial expertise in a wide range of subjects such as contracts, company disputes, cross-border insolvency, professional negligence and arbitration. Our bilingual judges can deal with cases where the use of Chinese is necessary. This is crucial in disputes involving businesses in the Greater Bay Area or other parts of Mainland China. The judgments of our courts, especially, those of the Court of Final Appeal, are highly respected locally and abroad. Our commercial judgments are generally recognized and enforceable in Mainland China and other parts of the world.
   2. Under the “one country, two systems” principle, and pursuant to various agreements with Mainland China, our system offers mutual legal assistance to parties involved in cross-border commercial disputes, ranging from the service of legal documents, to reliefs and remedies for preservation of assets pending dispute resolution, and to the recognition and enforcement of judgments. This is a distinctive advantage that other jurisdictions do not enjoy.
   3. Our system gives legal certainty and predictability to international commercial relationships and activities, which is key to the operation of international commerce.
   4. Certainty, however, does not mean rigidity, which would only impede development. Our system enjoys the advantage of flexibility to adapt to new developments and novel issues, such as digital assets. Such flexibility is essential to further the development of international commerce.
   5. Commerce is increasingly globalized and similar problems frequently arise across borders. When the answer to an issue is not entirely clear under local caselaw, our courts readily consult comparative jurisprudence from other common law jurisdictions with shared legal concepts and methods of reasoning. This enables our courts to draw upon the experience from the larger common law world. In some cases, renowned overseas counsel admitted under ad hoc admission appear before our courts to render assistance. This practice of consulting comparative jurisprudence reflects both the recognition of the need and the parties’ expectation for an appropriately tailored, harmonized but decentralized body of law for international commercial disputes.
   6. Our system provides a sound legal framework, supported by well-established practice and procedure, for just dispute resolution, enabling businesses to resolve their disputes on their substantive merits. In this regard, it is worth noting that we have a legal profession which is independent and highly competent, with diverse strengths and immense litigation experience. Many leading international law firms have set up offices here. As alluded to, eminent overseas counsel can be admitted on a case-by-case basis where justified.
   7. Our system has an in-built appellate process where judgments of the lower courts are subject to appellate review.
   8. Our system allows appointment of judges from other common law jurisdictions. This enriches the diversity and expertise of our courts in handling international commercial disputes, and when applicable, enables us to align our approach with the best international practice.
5. In sum, our justice system gives life and, where necessary, gives teeth to the legal framework within which international commerce is conducted. It underpins the operation of international commerce in Hong Kong. It serves to buttress our strategic position as an international financial and commercial centre, an international dispute resolution hub, and a super-connector connecting Mainland China and the rest of the world. It is essential to our economic prosperity and future development.

Its future development

6. International commercial dispute resolution is not unique to Hong Kong. In recent years, developments on the global stage have been phenomenal. International commercial dispute resolution can now be viewed as a decentralized but interlinked, complex and dynamic system. It consists of three major institutions complementing each other:
   1. international arbitration, which is the most prominent institution for international commercial dispute resolution;
   2. international commercial courts; and
   3. other alternative dispute resolution, most notably, international mediation. The successful establishment of the International Organization for Mediation in Hong Kong a year ago is a testimony to the vast potential of mediation in international commercial dispute resolution.
   A major difference between the three institutions is that arbitration and mediation are conducted in private whereas litigation is premised on open and public justice.
7. Underpinning this system is the recognition of the need for a specialized system for commercial matters with an international character, which has long been regarded as unique. This arises from the specialised nature of international commercial disputes.
8. By definition, international commerce gives rise to commercial relationships formed by parties coming from different jurisdictions with different legal and cultural traditions. They might not know, fully understand or even trust one another. They may not feel comfortable resolving their disputes in each other’s jurisdiction. They may have different expectations as to the process and effects of dispute resolution. Naturally, they look for a tribunal which is truly independent, trusted and preferably chosen by them, reliable, reputable, professional, and experienced in international commercial disputes. The process must be fair, quick, and at reasonable cost. The resolution must be binding and enforceable across jurisdictions.
9. At a higher level which transcends the parties’ practical needs and expectations, there is a need for a system to address the application of an international rule of law to secure, support and facilitate international commerce. Without that system, the growth of cross-border transactions and economic prosperity will be impeded.
10. These considerations are all the more relevant and important in this era of uncertainties arising from anti-globalism sentiments and practices, geopolitical tensions, threats to supply chains, challenges to international commercial norms, climate change, and the rise of AI. It requires conscious efforts by all stakeholders to preserve, strengthen and develop the contemporary system for international commercial dispute resolution to meet the challenges ahead.
11. How should we position ourselves against this landscape, which is still evolving? Complacency will lead us nowhere. We have to be responsive and outward looking. As seen, international commercial dispute resolution as a system consists of three major components: arbitration, litigation and mediation. In Hong Kong, we already have a very robust and successful international arbitration practice, which is strongly supported by the courts. The International Organization for Mediation in Hong Kong is running well. To complete the framework, the next natural step is to set up an international commercial court. This leads us to the Hong Kong International Commercial Court (“HKICC”).
12. In searching for a suitable model for the HKICC, we bear in mind several common features found in different models of ICCs:
    1. It is a domestic court established within the legal framework of the jurisdiction and against its own legal culture, leveraging on its own judicial strengths.
    2. It is very often an important part of the whole setup of the jurisdiction’s economic strategy.
    3. It draws on the experience and expertise of renowned international judges.
    4. It forms part of the efforts to bring harmony if not convergence with other ICCs in terms of practice for commercial dispute resolution.
13. The HKICC shares these common features but also possesses some others which are unique. It is an institution tailored to Hong Kong’s own constitutional, legal and economic reality, built upon the judicial tradition and strengths that already exist, enhanced and adapted to meet the needs for international commercial dispute resolution in the present age. Some of its main features are highlighted below.
14. First, the HKICC is a division of the Court of First Instance of the High Court. It means that the HKICC remains firmly rooted in the HKSAR’s existing constitutional and legal setting. It means that it has all the judicial strengths briefly covered at [4] above. It also means that it is much more than a specialist list such as the Commercial List in terms of institutional status, structural permanence, distribution of business, allocation of resources, and attraction to international judges.
15. Second, the HKICC will hear international commercial disputes which are complex in nature, high in value or have market-wide implications. It will adopt a sufficiently wide definition for “international commercial dispute” so as not to restrict its availability to parties because of some overly artificial, rigid or constrained definitions or categories. The breadth of the term will enable cases which are suitable to be dealt with by the HKICC but are hitherto scattered in the general civil list and other specialist lists to be gathered under one roof, as it were, thus achieving a more efficient distribution of business and consistency in approach to practice and procedure, including case management.
16. Third, the HKICC will accept cases where the parties choose Hong Kong as their dispute resolution jurisdiction, even if they do not have any link to Hong Kong.
17. Fourth, the HKICC will adopt a streamlined procedure. Where suitable, cases will be docketed to designated judges.
18. Fifth, within the confines of the rules of court, the practice and procedure of the HKICC will be detailed in a dedicated Practice Direction. This enables refinements or updates of the practice and procedure and incorporation of best international practices swiftly without going through the cumbersome legislative process.
19. Sixth, to ensure that disputes are disposed of expeditiously, the Practice Direction will set targets for conclusion of trials and appeals. On appeal, consideration will be given to amending the law to enable suitable appeals to be brought directly to the Court of Final Appeal through a leap-frog procedure.
20. Last but not least, the HKICC will appoint a pool of international judges consisting of eminent retired judges from other major common law jurisdictions. They will work closely with our local judges sitting on the HKICC. Cases will be assigned to them according to their expertise and availability.
21. The National 15th Five-Year Plan and Hong Kong’s own 1st Five-Year Plan emphasize consolidating Hong Kong’s role as an international legal and dispute resolution services centre, particularly by leveraging its common law advantages, and strengthening its international legal services capacity. The HKICC fits squarely within this strategic development blueprint for Hong Kong.

Conclusion

22. To conclude, the HKICC is the most important endeavour undertaken by the Judiciary in recent years. It demonstrates our firm commitment to judicial excellence, modernization and international trust. It represents a critical milestone in our legal history. It will not only drive the continuing development of international commercial litigation in Hong Kong but will also reinforce our position as a leading, trusted legal hub on the global stage. I look forward to welcoming you at the inauguration of the HKICC in 2027.
23. Thank you.