Jurisdiction(s):
United Kingdom

Mainland China–Hong Kong Arrangement on Interim Measures in Aid of Arbitration: institutional scope, procedures, evidential tests and practice under PRC and HKSAR law

Published by a LexisNexis Arbitration expert

Practice notes

On 2 April 2019, the HKSAR Government and the Supreme People’s Court of the People’s Republic of China (PRC) executed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings (the Arrangement). Effective from 1 October 2019, the Arrangement makes Hong Kong the first jurisdiction with a formalised legal channel with Mainland China through which parties may apply to Mainland courts for interim measures backing institution-administered arbitrations seated in Hong Kong. Conversely, parties to Mainland China institutional arbitrations may likewise seek interim measures from the Hong Kong courts in support of those proceedings, irrespective of the arbitral seat. Note: The Hong Kong judgments referred to below are not reported by LexisNexis®.

Background

Hong Kong and Mainland China already maintain reciprocal arrangements for the enforcement of arbitral awards and court judgments. Although section 45 of the Hong Kong Arbitration Ordinance (Cap 609) (AO) provides a jurisdictional foundation for HKSAR courts to grant interim measures in aid of arbitrations seated outside Hong Kong (including Mainland China), the Arrangement makes Hong Kong the only jurisdiction in which parties to arbitral proceedings have a specific pathway enabling direct applications to PRC courts for interim relief...

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Valerie Li

DLA Piper

Valerie Li is an Of Counsel in the Litigation and Regulatory team, based in DLA Piper's Hong Kong office. Valerie has extensive experience in international arbitration and commercial litigation. She is the Co-Chair of HK45 for the Hong Kong International Arbitration Centre (HKIAC). In 2018, Valerie is accredited as a Tribunal Secretary at the HKIAC. She regularly handles commercial disputes covering areas including intellectual property and technology, investment funds, joint ventures, licensing and distribution, energy and natural resources, and international trade and sale of goods in arbitrations seated in jurisdictions including Hong Kong, London, Singapore and Mainland China under rules including HKIAC, CIETAC, UNCITRAL, SIAC, ICC, and LMAA Terms. Valerie has represented clients from the Middle East, Americas, United Kingdom, Europe, Mainland China, Hong Kong, and other parts of Asia. Valerie has also acted for clients in...

Bryan Chan

DLA Piper

Bryan is a senior associate at DLA Piper Hong Kong. He has substantial experience in commercial litigation and arbitration. He has advised and acted for banks, funds, joint ventures and companies in various industries including real estate, pharmaceutical, sports, TMT, hotel, property management and shipping.Bryan has a particular focus on handling shareholders disputes, breach of directors’ duties, contractual disputes, insolvency and winding-up, breach of trust, fraud, property management and defamation.Bryan regularly advises and represents clients in proceedings at various levels of the Hong Kong courts, as well as arbitrations in the HKIAC, CIETAC, LCIA and SIAC.Most recently, Bryan has acted for a leading global investment manager in an HKIAC administered arbitration in respect of a shareholders' dispute which concerns a USD200 million investment in a joint venture in Mainland China, and also acted for one of the largest commercial real estate services and...

Janice Li

DLA Piper

I am currently an associate in DLA Piper's litigation and regulatory group. I am a solicitor admitted in the High Court of Hong Kong and an US attorney qualified to practice law in the New York State. My practice focuses on international arbitration and commercial litigation. I have handled disputes covering areas including financial instruments, licensing and distribution, construction, insurance, international trade and sale of goods, shipping, energy and natural resources and general commercial disputes in the High Court of Hong Kong, and arbitrations seated in jurisdictions including Hong Kong, Singapore, London, the US and Mainland China.I have advised clients in all aspects of disputes including asset preservation, injunctions, as well as enforcement of arbitral awards in various jurisdictions....

Web page updated on 21/05/2026

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