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At present, Hong Kong lawyers are prohibited from charging outcome related fee in arbitration. Lawyers in some jurisdictions could offer flexible fee structures to clients in arbitration.

In view of Hong Kong's status as a leading centre for arbitration services, the Law Reform Commission sees the value in studying this topic in respect of arbitration.

In October 2019, a sub-committee co-chaired by Ms Kathryn Sanger and Ms Briana Young was established. The Sub-committee will review the current position relating to outcome related fee structures for arbitration, consider whether reform is needed to the relevant law and regulatory framework and, if so, make such recommendations for reform as appropriate.

The members of the Sub-committee (in alphabetical order) are:

Co-Chairs: Ms Kathryn Sanger, Partner, Herbert Smith Freehills
Ms Briana Young, Foreign Legal Consultant (England & Wales)/Professional Support Consultant, Herbert Smith Freehills
Members: Mr CM Chan, Consultant, Anthony Siu & Co.
Mr Matthew Gearing, QC, Partner, Allen & Overy
Dr Benny Lo, Barrister
Mr José-Antonio Maurellet, SC, Barrister

The Sub-committee’s secretary is Ms Kitty Fung, Acting Deputy Principal Government Counsel.