The Department of Justice (“DoJ”) invites applications from arbitration and dispute resolution institutions wishing to qualify under Article 2 of 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
Under the Arrangement, signed on 2 April 2019, 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. According to Article 2(1) of the Arrangement, “arbitral proceedings in Hong Kong” shall be seated in the HKSAR and administered by the following institutions or permanent offices:
“（1）arbitral institutions established in the HKSAR or having their headquarters established in the HKSAR, and with their principal place of management located in the HKSAR;
（2）dispute resolution institutions or permanent offices set up in the HKSAR by international intergovernmental organisations of which the People’s Republic of China is a member; or
（3）dispute resolution institutions or permanent offices set up in the HKSAR by other arbitral institutions and which satisfy the criteria prescribed by the HKSAR Government (such as the number of arbitration cases and the amount in dispute, etc.). ”
The criteria under Article 2(1)(3) of the Arrangement, which are applicable to dispute resolution institutions or permanent offices established in Hong Kong by other arbitral institutions, are set out below
Arbitral and dispute resolution institutions or permanent offices wishing to qualify under Article 2 of the Arrangement may apply to DoJ in writing with supporting documents showing that they meet the relevant requirements. Supporting documents required for submission shall at least include a copy of the registration document under the old Companies Ordinance (Cap. 32) or the new Companies Ordinance (Cap. 622) or the Societies Ordinance (Cap. 151) or any other documentary proof of the registration of the institution. Applicants are also required to submit supporting documents showing how the specific criteria under Article 2(1)(1),(2) or (3) of the Arrangement (as applicable) are satisfied.
All applications and supporting documents shall be in writing and addressed to the Department of Justice (“DoJ”) as follows, to reach the DoJ on or before 3 May 2019
by post or email:
Legal Policy Division
Department of Justice
5/F, East Wing, Justice Place, 18 Lower Albert Road, Central
The DoJ reserves the right to require an applicant to provide additional information or documents to support its application. An application would only be considered by the DoJ if the DoJ is satisfied that all information required for the application and the additional information or documents requested by the DoJ, if any, have been duly submitted.
Applicants will be informed of the result of their applications in due course.
Future applications may be considered on an ad hoc basis or at regular intervals, depending on the circumstances and operational considerations.
For enquiries, please contact Mr LEE Tin-yan, Senior Assistant Solicitor General (Arbitration), at tel. 3918 4038 or by email at email@example.com
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Criteria under Article 2(1)(3) of the Arrangement Applicable to Dispute
Resolution Institutions or Permanent Offices Established in Hong Kong
by International Arbitral Institutions
According to the Arrangement, parties to arbitral proceedings seated in Hong Kong and administered by eligible and designated arbitral institutions which have been designated would be able to apply to the relevant Mainland courts for interim measures. Article 2(1)(3) of the Arrangement provides that the said arbitral proceedings shall be administered by “dispute resolution institutions or permanent offices set up in the HKSAR by other arbitral institutions [not falling within Articles 2(1)(1) and (2)] and which satisfy the criteria prescribed by the HKSAR Government (such as the number of arbitration cases and the amount in dispute, etc.)”.1
The criteria prescribed by the Department of Justice pursuant to Article 2(1)(3) are as follows (such criteria may be revised and published form time to time in future):
(a) the dispute resolution institution or permanent office has been established in Hong Kong for 5 years or more, during which period it has continuously been operating the business of administering arbitration cases; and
(b) in the past 3 years, the dispute resolution institution or permanent office has been administering not fewer than 3 arbitration cases seated in Hong Kong, at least 1 of which involves a party who is not a permanent resident or legal person of the Hong Kong Special Administrative Region; and
(c) in the past 3 years, the total amount in dispute in arbitration cases seated in Hong Kong and administered by the dispute resolution institution or permanent office was not less than HK$12 million
1According to Article 2(2) of the Arrangement, the list of the institutions or permanent offices concerned is to be subject to the confirmation by HKSAR Government and the Supreme People’s Court. The following merely sets out the relevant criteria prescribed by the HKSAR Government and nothing therein shall affect the the giving of confirmation by both sides.