Mainland Hong Kong interim measures arrangement now in effect
04 October 2019
The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR (the Arrangement), which was signed on 2 April 2019, came into effect in Mainland China and HKSAR on 1 October 2019.
The Supreme People’s Court of the People’s Republic of China (the SPC) published a guidance note recently, providing clarification on the interpretation and application of the Arrangement (the Clarification).
As mentioned in an earlier A&O bulletin, under the Arrangement, for the first time, a party to “arbitral proceedings in Hong Kong” may apply for interim measures at the relevant Mainland courts in accordance with the relevant PRC laws and regulations, an option which was previously only available for arbitrations seated in Mainland China. The Arrangement applies to ongoing arbitral proceedings commenced before 1 October 2019 as well as those commenced after 1 October 2019.
This bulletin explains some practical points in relation to the seeking of interim measures from the Mainland courts under the Arrangement.