The Hong Kong Government and the Supreme People’s Court of the People’s Republic of China have signed an agreement under which courts in each jurisdiction will now recognise and enforce interim measures in support of institutional arbitration seated in the other.
According to the agreement, any party with arbitral proceedings in Hong Kong may, before the arbitral award is issued, apply to the relevant Chinese courts for interim measures in relation to the arbitral proceedings in accordance with the relevant laws and regulations of the mainland. Such interim measures include preservation of assets, evidence and conduct.
Similarly, any party with arbitral proceedings in China may apply to Hong Kong courts for interim measures pursuant to Hong Kong law. This is already available for foreign-seated arbitral proceedings under Section 45 of the Hong Kong Arbitration Ordinance.
Interim measures available under Hong Kong law include injunctions and other interim measures to (i) maintain or restore the status quo pending determination of the dispute; (ii) take actions that would prevent, or refrain from taking actions that are likely to cause, current or imminent harm or prejudice to the arbitral process; (iii) preserve assets; or (iv) preserve evidence that may be relevant and material to the resolution of the dispute.
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