Hong Kong—enforcement—non-New York Convention and non-Mainland China arbitration awards
Produced in partnership with Ernest Yang of DLA Piper (Hong Kong)
Hong Kong—enforcement—non-New York Convention and non-Mainland China arbitration awards

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

  • Hong Kong—enforcement—non-New York Convention and non-Mainland China arbitration awards
  • An introduction to the recognition and enforcement of non-New York Convention and non-Mainland China awards
  • The relevant provisions of the AO
  • Service and application for permission to enforce an award
  • Refusal of enforcement of a non-New York Convention and non-Mainland awards

An introduction to the recognition and enforcement of non-New York Convention and non-Mainland China awards

Enforcement of arbitral awards:

  1. issued in arbitrations seated in Hong Kong

  2. not made under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (non-New York Convention awards), and

  3. non-Mainland awards made whether in or outside Hong Kong, are all governed and are subject to the same regime of enforcement under the Arbitration Ordinance, Chapter 609 (AO)

The relevant provisions of the AO

An award, whether made in or outside Hong Kong, in arbitral proceedings by an arbitral tribunal is enforceable in the same manner as a judgment of the Court of First Instance of the High Court that has the same effect, but only with the leave of the court. This provision is subject to the court's discretion to refuse to grant leave for enforcement of the award made by the arbitral tribunal (which includes the challenged arbitrator) during the period that a request is made to the court for a decision on the challenge against an arbitrator under AO, s 26(1).

If leave is granted under AO, s 84(1), the court may enter judgment in the