Supreme People's Court, Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region

最高人民法院关于内地与香港特别行政区法院就仲裁程序相互协助保全的安排

June 07, 2019 | BY

Susan Mok

Interim measures are offered in mainland China for Hong Kong arbitration cases

Clp Reference: 1450/19.04.02 Promulgated: 2019-04-02
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Signed: April 2, 2019

Applicability: For the purposes of this Arrangement, “arbitral proceedings in Hong Kong” shall be seated in the Hong Kong Special Administrative Region (HKSAR) and be administered by the following institutions or permanent offices:

(1) arbitral institutions or headquarters thereof established in the HKSAR, with their principal place of management located in the HKSAR;

(2) dispute resolution institutions or permanent offices established in the HKSAR by international intergovernmental organizations to which China is a member; or

(3) dispute resolution institutions or permanent offices established in the HKSAR by other arbitral institutions and that satisfy the criteria specified by the HKSAR Government in terms of the number of arbitration cases and the amount in dispute, etc.

The list of the institutions or permanent offices mentioned above will be provided by the HKSAR Government to the Supreme People's Court and be subject to confirmation by both sides (Article 2).

Main contents: A party to arbitral proceedings in Hong Kong may, before the arbitral award is rendered, apply for interim measures, including property preservation, evidence preservation and conduct preservation, to the intermediate people's court in the mainland of the respondent's place of residence, or the place where the property or evidence is located (Articles 1 and 3).

clp reference: 1450/19.04.02 Signed: 2019-04-02

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