New arrangement on interim relief availability in aid of arbitration

While Hong Kong already has mechanisms in place for supporting arbitrations seated in Hong Kong and abroad (eg, under s. 21M of the High Court Ordinance), that has not been the case for the Mainland. Following the implementation of the New Arrangement, Hong Kong will become the first jurisdiction outside the Mainland where, as a seat of arbitration, parties to arbitral proceedings administered by its arbitral institutions would be able to apply to the Mainland courts for interim measures. The New Arrangement will only apply to arbitrations administered by specific institutions, a list of which will be provided by the authorities at a later stage. We expect that the major arbitration institutions in Hong Kong and the Mainland will be included in that list.

The implementation of the New Arrangement will likely make Hong Kong an even more attractive arbitration seat for China-related disputes, and underlines the trend towards greater cooperation between Hong Kong and the Mainland. For example, in January 2019, Hong Kong and the Mainland signed a new arrangement for the reciprocal recognition and enforcement of judgments relating to civil and commercial matters which significantly expanded the scope of judgments that could be enforced between Hong Kong and the Mainland.

Text of the New Arrangement can be accessed here.