Arbitral proceeding pact signed

April 2, 2019
Closer co-operation
Closer co-operation:

Secretary for Justice Teresa Cheng (right) and Supreme People’s Court Vice-president Yang Wanming sign the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland & of the Hong Kong Special Administrative Region.

 

Hong Kong today signed an arrangement with the Mainland on interim measures in aid of arbitral proceedings.

 

The pact was signed by Secretary for Justice Teresa Cheng and Supreme People’s Court Vice-president Yang Wanming in Hong Kong.

 

Ms Cheng said Hong Kong, after signing the arrangement, has 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. 

 

She noted the move marks Hong Kong’s strengths under the "one country, two systems".

 

It also enhances the city’s competitiveness in international arbitration services as well as its status as the centre for international legal and dispute resolution services in the Asia-Pacific Region, she added.

 

Under existing Hong Kong legislation, parties to arbitral proceedings in any place may apply to the courts of Hong Kong for interim measures.

 

After the commencement of the arrangement, parties to arbitral proceedings in Hong Kong can, before the arbitral award is made, apply for interim measures to the Mainland courts.

 

The measures, including preservation of property, evidence or conduct, aim to prevent one of the parties to arbitral proceedings from deliberately destroying the evidence or transferring the property.

 

The arrangement’s commencement date will be decided after the promulgation of a judicial interpretation by the Supreme People’s Court and completion of relevant procedures in Hong Kong.

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