Outcome Related Fee Structure Arrangement for arbitration in Hong Kong: a win-win solution for legal practitioners and clients

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Introduction

Why introduce ORFSA in Hong Kong?

Until recently, Solicitors in Hong Kong were prohibited from charging outcome related fees in arbitration.

On 17 December 2020, the Outcome Related Fee Structures for Arbitration Sub-committee of the Law Reform Commission (Sub-committee) published a consultation paper proposing changes to the law in Hong Kong to enable lawyers to use Outcome Related Fee Structures (ORFS) for arbitration in Hong Kong and elsewhere, with the objective of enabling Hong Kong to compete on a level playing field with other leading arbitral seats where some form of ORFS is permitted, thereby maintaining Hong Kong’s status as one of the World’s premier arbitration venues.

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