Mutual Assistance in Interim Measures for Arbitration Between Mainland China and Hong Kong: Mechanisms, Procedures and Practical Applications


Published by a ³ÉÈËÓ°Òô Arbitration expert
Practice notes

Mutual Assistance in Interim Measures for Arbitration Between Mainland China and Hong Kong: Mechanisms, Procedures and Practical Applications


Published by a ³ÉÈËÓ°Òô Arbitration expert

Practice notes
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On 2 April 2019, the HKSAR government and the Supreme People’s Court of the People’s Republic China (PRC) signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings (Arrangement). The Arrangement came into effect on 1 October 2019 and makes Hong Kong the first jurisdiction which has a formalised legal mechanism with Mainland China through which they can apply to Mainland courts for interim measures in support of Hong Kong-seated institutional arbitrations. Parties to Mainland-seated institutional arbitrations can similarly apply to Hong Kong courts for interim measures in support of such arbitrations.

Note: Hong Kong judgments below are not reported by ³ÉÈËÓ°Òô®.

Background

Hong Kong and Mainland China already have reciprocal agreements for the enforcement of arbitral awards and court judgments. While section 45 of the Hong Kong Arbitration Ordinance (Cap 609) (Arbitration Ordinance) provides a jurisdictional basis for HKSAR courts to grant interim measures in aid of arbitrations seated outside Hong Kong (including Mainland China), the Arrangement makes Hong Kong the only jurisdiction

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