Can I move to arbitration in Hong Kong if the contract requires mediation but the other party refuses to participate?

We will need to review the contract, but if the other side refuses to mediate, you can probably commence arbitration.

Dear Sir,

Where a contract contains a mandatory clause requiring mediation prior to arbitration, it is important to formally convene the mediation and record that the process was frustrated due to the other party’s refusal to participate. Once this has been documented, you may proceed to arbitration in Hong Kong with confidence, as the tribunal will not halt the proceedings on the basis of an unfulfilled mediation step.