Hong Kong—freezing injunctions in support of arbitration
Produced in partnership with John Zadkovich of Vinson & Elkins (Hong Kong)

The following Arbitration practice note produced in partnership with John Zadkovich of Vinson & Elkins (Hong Kong) provides comprehensive and up to date legal information covering:

  • Hong Kong—freezing injunctions in support of arbitration
  • Powers of the court to grant interim measures (generally)
  • Freezing (Mareva) injunctions
  • Applying for a freezing injunction
  • Power of the arbitral tribunal to grant a freezing injunction

Hong Kong—freezing injunctions in support of arbitration

Consistent with its power to grant interim measures in support of arbitration proceedings, the Hong Kong court is empowered under the Arbitration Ordinance, Chapter 609 (AO) to grant freezing injunctions (formerly known as Mareva injunctions) in support of arbitration proceedings. It is, however, an onerous task for any applicant and should not be taken lightly. For the position under English law, see Practice Note: Freezing injunctions in support of arbitration (England and Wales).

Powers of the court to grant interim measures (generally)

The court has the power to grant interim measures pursuant to AO, ss 21 and 45. AO, s 21, for example, provides that it is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure.

AO, s 45 provides that the court may, in relation to any arbitral proceedings which have been or are to be commenced in or outside Hong Kong, grant an interim measure (which may include an interim injunction). Such powers may be exercised by the court irrespective of whether or not an arbitral tribunal may exercise similar powers under AO, 35.

The court may however decline to grant an interim measure where the requested interim measure is at the same time subject to arbitral

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