Under Article 2(1) 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, signed on 2 April 2019 (“Arrangement”), a party to “arbitral proceedings in Hong Kong” may, in accordance with the relevant Mainland laws and regulations, apply for interim measures from the relevant Mainland courts. “Arbitral proceedings in Hong Kong” is defined as those which are seated in the HKSAR and being administered by institutions or permanent offices having satisfied the criteria set out under Article 2(1) of the Arrangement.
The Department of Justice (“DoJ”) has earlier launched a new round of open application exercise for arbitral and dispute resolution institutions or permanent offices seeking to qualify under Article 2(1) of the Arrangement. The application period ended on 20 January 2023.
In accordance with Article 2(2) of the Arrangement, the HKSAR Government and the Supreme People’s Court have confirmed the updated list of institutions and permanent offices which are qualified under Article 2(1) of the Arrangement (the updated list of institutions and permanent offices and their contact details may be found here. The updated list of qualified institutions and permanent offices will be effective from 2 April 2023.
The designation for qualified institutions or permanent offices will be valid for a period of two years from the date of designation, ending on 1 April 2025, subject to further application for designation upon expiry. The next round of the open application exercise will be launched nearer the time.
Designated institutions or permanent offices have the continuous obligation to immediately inform the DoJ in writing should there be any changes in the position as stated in their application and other information and documents submitted by them in support of the application which may have a bearing on their continuous eligibility to qualify as an institution or permanent office referred to in Article 2(1) of the Arrangement.
The DoJ reserves the right to revoke the designation at any time if the designated institution or permanent office fails to fulfil the eligibility requirements under Article 2(1) of the Arrangement during the period of designation.
Depending on the circumstances and operational considerations, the DoJ may update the list or consider future applications from time to time.