Digitalisation is reshaping the legal rules that govern cross-border interactions and commercial dealings. As commerce, data flows, and digital assets increasingly transcend national borders, private international law, the discipline concerned with jurisdiction, choice of law, and the recognition and enforcement of judgments and arbitral awards, has acquired renewed significance while confronting fundamental challenges. This symposium arises from the research project “The Impact of Digitalisation on Legal Rules Concerning Cross-Border Interactions and Commercial Dealings,” sponsored by the Public Policy Research Funding Scheme of the HKSAR Chief Executive’s Policy Unit, and examines four themes bearing on Hong Kong’s role as a centre for international dispute resolution services.
The first theme concerns private international law in commercial arbitration viewed through the lens of national interest. It asks how a law district such as Hong Kong should design its rules on the law governing arbitration agreements, the deference of insolvency jurisdiction to arbitration, anti-suit injunctions, and the public policy exception in award enforcement, so as to advance its position as an arbitral seat. The second theme addresses cross-border data transfer. The United States, the European Union, and China have each developed hybrid mechanisms combining public regulation with private enforcement, such that questions of standing, forum, applicable law, and cross-border enforcement now lie at the heart of data governance. The third theme turns to cryptocurrencies. Because such assets exist only virtually, traditional rules premised on physical location struggle to localise them, raising contested questions of jurisdiction and applicable law recently considered by the English courts and the Law Commission of England and Wales, but not yet decided in Hong Kong. The fourth theme considers online dispute resolution (ODR) and digital justice. As cross-border disputes grow in volume and complexity, ODR platforms offer efficient, accessible, and technology-enabled avenues for resolving them, presenting significant opportunities for Hong Kong and the Greater Bay Area to strengthen their dispute resolution infrastructure and services.
The symposium will consider these developments comparatively and reflect on the policy choices open to Hong Kong.
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