Arrangement for interim measures in support of arbitration between Hong Kong and Mainland China

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Arrangement for interim measures in support of arbitration between Hong Kong and Mainland China
  • Background to the Arrangement
  • Types of arbitral proceedings covered by the Arrangement
  • Types of interim measures granted by PRC courts
  • Application to PRC courts for interim measures
  • What an applicant needs to prove to PRC courts
  • Types of interim measures granted by HKSAR courts
  • Application to HKSAR courts for interim measures
  • What an applicant needs to prove to HKSAR courts

Arrangement for interim measures in support of arbitration between Hong Kong and Mainland China

On 2 April 2019, the Hong Kong Special Administrative Region (HKSAR) government and the Supreme People’s Court of the People’s Republic of China (PRC) signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings (Arrangement). The Arrangement makes Hong Kong the first offshore jurisdiction in which parties have 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. The Arrangement is in force from 1 October 2019.

Background to the Arrangement

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) (the AO) 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 in respect of which parties to arbitral proceedings have a specific mechanism through which they can apply directly to PRC courts for interim measures.

The Arrangement enhances Hong Kong’s attractiveness as an arbitral seat and a leading dispute resolution hub in Asia, and

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