An intergovernmental mediation body based in Hong Kong is expected to play a key role in resolving cross-border disputes within the Greater Bay Area, as well as in addressing multinational disagreements linked to countries involved in China’s Belt and Road Initiative, according to remarks by current and former justice officials.
The International Organisation for Mediation (IOMed), which is headquartered in Wan Chai, was established in October 2025. It currently has 48 signatory and acceding states and 18 contracting states, and was created to facilitate the resolution of interstate, investor-state, and international commercial disputes through mediation rather than litigation or arbitration.
At a forum held on September 24, Teresa Cheng Yeuk-wah, the IOMed secretary general and former Hong Kong Secretary for Justice, emphasized the organisation’s suitability for managing disputes arising within the Greater Bay Area, a region that links Hong Kong, Macau, and nine cities in Guangdong province into an integrated economic zone. Cheng noted that the mediation body is designed to handle cases involving distinct legal jurisdictions within the same country.
“The Greater Bay Area contains three jurisdictions operating under different legal systems: Hong Kong applies common law, Macau follows a civil law system derived from Portuguese legal traditions, and the mainland operates under civil law,” she said. “The International Organisation for Mediation can provide a platform where disputes among these jurisdictions can be addressed effectively.”
Paul Lam Ting-kwok, Hong Kong’s Secretary for Justice, highlighted the potential synergy between IOMed’s work and the Greater Bay Area’s development. He explained that the Department of Justice has been working to harmonize mediation rules and practices across the three jurisdictions, including establishing common accreditation standards and codes of conduct, as well as developing model rules and a shared list of qualified mediators for the region.
Rimsky Yuen Kwok-keung, another former justice minister speaking at the forum, advocated for the use of mediation clauses rather than arbitration in the context of agreements under the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA). He argued that mediation is better suited given the unique background and context of CEPA investment cases compared with other dispute resolution mechanisms that rely on arbitrators' decisions.
Cheng also pointed to the broader relevance of mediation in Belt and Road Initiative projects. She said that adopting mediation could help maintain cooperative relationships among various stakeholders and prevent costly project delays or abandonments. “Mediation allows parties to continue and complete projects, avoiding scenarios where infrastructure such as power plants or highways are left unfinished,” Cheng stated.
Looking ahead, Cheng suggested that Hong Kong might consider joining the Singapore Convention on Mediation, which enables enforcement of mediated settlement agreements directly across member countries without the need for fresh court proceedings.
Together, these developments underscore the growing importance of mediation as a dispute resolution tool in fostering economic integration and peace within complex multinational and multi-jurisdictional frameworks.
