Hong Kong—enforcement—Mainland China arbitration awards
Produced in partnership with Ernest Yang of DLA Piper (Hong Kong)

The following Arbitration practice note produced in partnership with Ernest Yang of DLA Piper (Hong Kong) provides comprehensive and up to date legal information covering:

  • Hong Kong—enforcement—Mainland China arbitration awards
  • The recognition and enforcement of Mainland awards
  • Common law actions on Mainland awards in Hong Kong
  • Enforcement of Mainland award under the AO

Hong Kong—enforcement—Mainland China arbitration awards

STOP PRESS: This Practice Note is being reviewed in light of the decision in Xiamen Xinjingdi Group Co Ltd v Eton Properties Limited and Others [2020] HKCFA 32 and the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region.

The recognition and enforcement of Mainland awards

A successful party in a Mainland China arbitration (as defined below) may enforce the award in Hong Kong either:

  1. under the common law, by commencing an action based on an implied promise to perform the award (commonly called an ‘action on the award’), or

  2. under statute, by a summary process provided in the Hong Kong Arbitration Ordinance, Chapter 609 (Cap 609) (AO)

Common law actions on Mainland awards in Hong Kong

As an alternative to the statutory process discussed below, a successful party who obtains an award which the losing party does not honour may choose to sue in a common law action on the award. This is an independent action, separate and distinct from the breach of the substantive or matrix contract, which led to the arbitration, even though the award ‘arises from’ that substantive or matrix contract. The subject matter in a common law action on the award is the breach of an implied mutual promise (Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2

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