November 24, 2022
A win-win solution for legal practitioners and clients 1. Introduction 1.1 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. On 15 December 2021, the Law Reform Commission (Commission) released a report on ORFS for Arbitration recommending that Hong Kong law be amended by lifting the prohibition on the use of Outcome Related Fee Structure Agreements (ORFSA)1 for arbitration taking place in and outside Hong Kong and elsewhere. The Sub-committee believed that such fee arrangements were attractive to clients for many reasons, such as financial management, access to justice and a general idea that lawyers in Hong Kong would be willing to share the risk inherent in arbitrating. Moreover, after Hong’ Kong’s close competitors, London and Singapore, implemented their own version of ORFSA, it was expected that Hong Kong to do the same. 1.2 Introducing ORFSA in Hong Kong2 On 30 March 2022, following the Commission’s recommendation, the Arbitration and Legal Practitioners Legislation (Outcome Related Fee Structures for Arbitration) (Amendment) Bill was introduced by the Legislative Council. ORFSA was incorporated into Hong Kong’s...