The Department of Justice (DoJ) announced today (September 26) the following list of qualifying arbitral and dispute resolution institutions and permanent offices which are eligible for applying to the Mainland courts for interim measures (listed in arbitrary order):
* Hong Kong International Arbitration Centre
* China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center
* International Court of Arbitration of the International Chamber of Commerce - Asia Office
* Hong Kong Maritime Arbitration Group
* South China International Arbitration Center (HK)
* eBRAM International Online Dispute Resolution Centre
The DoJ and the Supreme People's Court signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (Arrangement) on April 2. Hong Kong became 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. This game-changing measure aims at preventing one of the parties from deliberately destroying the evidence or transferring the property and also ensuring that the arbitral proceedings can be carried out effectively.
The commencement of the Arrangement marks our strengths under "one country, two systems" and enhances Hong Kong's competitiveness in international arbitration services, further strengthening Hong Kong's status as a leading centre for international legal and dispute resolution services in the Asia-Pacific Region.
The Arrangement will come into effect on October 1, 2019 and will apply to applications for interim measures made to the courts on or after that date.
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.
For details, please visit the DoJ website
Ends/Thursday, September 26, 2019