'Common law system gives HK edge in handling disputes'

A veteran lawyer argues that Hong Kong's common law offers a competitive edge in handling disputes for mainland firms involved in major Belt and Road projects. Force majeure clauses become crucial in certain Middle East projects, as unexpected events like war or natural disasters can prevent parties from fulfilling contractual obligations.

As mainland enterprises expand their presence in the Belt and Road region, they face increasing uncertainties, prompting the need to carefully review contracts. Blumental, an acquisitions and mergers expert at Simmons & Simmons, notes that while force majeure was previously rarely invoked, it is now becoming more common due to the evolving global landscape.

Hong Kong's strong legal support, including its common law system and the Hong Kong International Arbitration Centre, provides a unique advantage, particularly as the surrounding Asia-Pacific region predominantly operates under civil law. The lawyer encourages Hong Kong's professional industries to seize Belt and Road market opportunities by leveraging their global experience and partnering with mainland firms possessing strong engineering and construction expertise.