Legal Convergence in the Greater Bay Area through Liberalisation of the Legal Services Market and Cooperation in Dispute Resolution Services

Abstract

This article analyses the process and implications of legal convergence in the Greater Bay Area (GBA). Existing models for legal convergence are not directly applicable to the GBA, due to operation of the “one country, two systems” principle. This article, therefore, explores pathways to legal convergence from the perspectives of promoting diversified dispute resolution and resolving inter-regional legal conflicts across three jurisdictions. It argues that an innovative legislation mechanism should be introduced to address inter-regional legal conflicts, amend arbitration rules and clarify ambiguous provisions in existing cooperative agreements. In addition, it is recommended that legal service resources across the GBA be consolidated with cooperation mechanisms and establishment of an international arbitration centre and that GBA governments support further liberalisation of the legal services market and strengthen cooperation between arbitration institutions.