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).
The Department of Justice (DoJ) has earlier launched an application exercise for arbitral and dispute resolution institutions and permanent offices seeking to qualify under Article 2(1) of the Arrangement. The application period ended on 3 May 2019.
In accordance with Article 2(2) of the Arrangement, the HKSAR Government and the Supreme People’s Court have confirmed the list of institutions and permanent offices which are qualified under Article 2(1)of the Arrangement (the list of institutions and permanent offices and their contact details may be found here).
Depending on the circumstances and operational considerations, the DoJ may update the list or consider future applications from time to time, or at regular intervals.
As announced earlier, the Arrangement will come into effect on 1 October 2019 and will apply to applications for interim measures made to the courts on or after that date.
Applications to the HKSAR courts for interim measures shall be made in accordance with the prevailing laws of Hong Kong, including the Arbitration Ordinance (Cap. 609), the High Court Ordinance (Cap. 4), relevant subsidiary legislation and Practice Directions issued by the court.